Notices. Notice

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BILLING CODE 3410-11-P DEPARTMENT OF COMMERCE International Trade Administration [A-122-601, A-351-603, C-351-604] Revocation of Antidumping and Countervailing Duty Orders: Brass Sheet and Strip from Brazil and Canada AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 1, 2005, the Department of Commerce (“the Department”) initiated sunset reviews of the antidumping duty (“AD”) orders on brass sheet and strip from Brazil and Canada and the countervailing duty (“CVD”) order on brass sheet and strip from Brazil. *See Initiation of Five-year (“Sunset”) Reviews* , 70 FR 16800 (April 1, 2005).

Pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the International Trade Commission (“the ITC”) determined that revocation of these orders would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. *See Brass Sheet and Strip from Brazil, Canada, France, Germany, Italy, and Japan* , 71 FR 14719 (March 23, 2006) (“ *ITC Final* ”). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the AD orders on brass sheet and strip from Brazil and Canada and the CVD order on brass sheet and strip from Brazil.

EFFECTIVE DATE: May 1, 2005. FOR FURTHER INFORMATION CONTACT: Brandon Farlander (AD orders) or Darla Brown (CVD order), AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone:

(202)482-0182,

(202)482-2849, respectively. SUPPLEMENTARY INFORMATION: Scope of the Orders The merchandise subject to these AD and CVD orders is coiled, wound-on-reels (traverse wound), and cut-to-length brass sheet and strip (not leaded or tinned) from Brazil and Canada. The subject merchandise has, regardless of width, a solid rectangular cross section over 0.0006 inches (0.15 millimeters) through 0.1888 inches (4.8 millimeters) in finished thickness or gauge. The chemical composition of the covered products is defined in the Copper Development Association (“C.D.A.”) 200 Series or the Unified Numbering System (“U.N.S.”) C2000; these orders do not cover products with chemical compositions that are defined by anything other than C.D.A. or U.N.S. series. The merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (“HTSUS”) item numbers 7409.21.00 and 7409.29.00. The HTSUS item numbers are provided for convenience and customs purposes. The written description remains dispositive. Background On January 12, 1987, the Department issued the AD orders on brass sheet and strip from Brazil and Canada. *See Antidumping Duty Order: Brass Sheet and Strip from Brazil* , 52 FR 1214 (January 12, 1987) and *Antidumping Duty Order; Brass Sheet and Strip From Canada* , 52 FR 1217 (January 12, 1987). On January 8, 1987, the Department issued the CVD order on brass sheet and strip from Brazil. *See Countervailing Duty Order; Brass Sheet and Strip from Brazil* , 52 FR 698 (January 8, 1987). On April 1, 2005, the Department initiated, and the ITC instituted, sunset reviews of the AD orders on brass sheet and strip from Brazil and Canada and the CVD order on brass sheet and strip from Brazil. *See Initiation of Five-year (“Sunset”) Reviews* , 70 FR 16800 (April 1, 2005). As a result of its sunset reviews of these orders, the Department found that revocation of the AD orders would be likely to lead to the continuation or recurrence of dumping and that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy. *See Brass Sheet and Strip from Brazil, Canada, France, Italy and Japan; Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders* , 70 FR 45650 (August 8, 2005); and *Final Results of Expedited Sunset Review: Brass Sheet and Strip from Brazil* , 70 FR 67139 (November 4, 2005). The Department notified the ITC of the magnitude of the margin likely to prevail were the AD orders to be revoked and the level of subsidy likely to prevail were the CVD order to be revoked. On March 23, 2006, the ITC determined, pursuant to section 751(c) of the Act, that revocation of these orders would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. *See ITC Final* and USITC Publication 3842 (March 2006), entitled *Brass Sheet and Strip from Brazil, Canada, France, Germany, Italy, and Japan* (Inv. Nos. 701-TA-269 and 731- TA-311-314, 317 and 379 (Second Review)). Determination As a result of the determination by the ITC that revocation of these orders is not likely to lead to the continuation or recurrence of material injury to an industry in the United States, the Department, pursuant to section 751(d) of the Act, is revoking the AD orders on brass sheet and strip from Brazil and Canada and the CVD order on brass sheet and strip from Brazil. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is May 1, 2005 ( *i.e.* , the fifth anniversary of the date of publication in the **Federal Register** of the notices of continuation of these AD and CVD orders). The Department will notify U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after May 1, 2005, the effective date of revocation of the AD orders and the CVD order. The Department will complete any pending administrative reviews of these orders and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. These five-year sunset reviews and notice are in accordance with section 751(d)(2) and published pursuant to section 777(i)(1) of the Act. Dated: March 23, 2006. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E6-4660 Filed 3-29-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-899] Final Determination of Sales at Less Than Fair Value: Certain Artist Canvas from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 7, 2005, the Department of Commerce (“the Department”) published its preliminary determination of sales at less than fair value (“LTFV”) in the antidumping investigation of artist canvas from the People's Republic of China (“PRC”). The period of investigation (“POI”) is July 1, 2004, through December 31, 2004. The investigation covers two manufacturers/exporters which are mandatory respondents and two separate-rate status applicants. On February 17, 2006, we issued a preliminary scope ruling with regard to cut and stretched artist canvas made in the PRC from bulk roll canvas woven and primed in India. We invited interested parties to comment on our preliminary determination of sales at LTFV and our preliminary scope ruling. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondents. The final dumping margins for this investigation are listed in the “Final Determination Margins” section below. EFFECTIVE DATE: March 30, 2006. FOR FURTHER INFORMATION CONTACT: Michael Holton or Robert Bolling, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue N.W., Washington, DC 20230; telephone:

(202)482-1324 and

(202)482-3434, respectively. SUPPLEMENTARY INFORMATION: FINAL DETERMINATION We determine that artist canvas from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of Tariff Act of 1930, as amended (“the Act”). The estimated margins of sales at LTFV are shown in the “Final Determination Margins” section of this notice. Case History The Department published its preliminary determination of sales at LTFV on November 7, 2005. *See Notice of Preliminary Determination of Sales at Less Than Fair Value: Certain Artist Canvas from the People's Republic of China* , 70 FR 67412 (November 7, 2005) (“ *Preliminary Determination* ”). The Department conducted verification of both mandatory respondents in both the PRC and the United States (where applicable), and one separate-rate status applicant. See the “Verification” section below for additional information. On February 9, 2006, the Department solicited comments from all interested parties regarding changes to its calculation of financial ratios and the expected wage rate ( *i.e.* , $0.97) for the PRC which are based on 2003 income data. On February 17, 2006, the Department issued a memorandum finding that primed bulk rolls of artist canvas produced, coated, and shipped from India to the PRC and stretched and framed in the PRC are not substantially transformed in the PRC and, therefore, not covered by the scope of this investigation. *See Preliminary Decision Regarding the Country of Origin of Artist Canvas Exported by Hangzhou Foreign Economic Relations & Trade Service Co., Ltd., - Certain Artist Canvas from the People's Republic of China from Jon Freed to Wendy Frankel* , dated February 17, 2006 (“ *Scope Memorandum* ”). We invited parties to comment on the *Preliminary Determination* and *Scope Memorandum* . We received comments from the Petitioner, the mandatory respondents, the separate-rate status applicant, and other interested parties to this investigation. On February 27, 2006, parties submitted case briefs. On March 1, 2006, parties submitted rebuttal briefs. On December 7, 2005, Wuxi Phoenix Artist Materials Co., Ltd. (“Phoenix Materials”) requested the Department hold a public hearing in this proceeding. On March 1, 2006, Phoenix Materials withdrew its request for a public hearing. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum, dated March 22, 2006, which is hereby adopted by this notice (“ *Issues and Decision Memorandum* ”). A list of the issues which parties raised and to which we respond in the *Issues and Decision Memorandum* is attached to this notice as an Appendix. The Decision Memorandum is a public document and is on file in the Central Records Unit (“ *CRU* ”), Main Commerce Building, Room B-099, and is accessible on the Web at *http://ia.ita.doc.gov.* The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made changes in the margin calculation for Phoenix Materials. *See Issues and Decision Memorandum* at Comments 3, 4, and 6. Phoenix Materials • In the *Preliminary Determination* , the Department used facts available for the distance from Phoenix Material's factory to two of its coal suppliers. As facts available, the Department used the distance to the nearest port as the distance from the factory to the coal suppliers. However, based on information found at verification, for the final determination, we have used the actual distances between the producer and its two coal suppliers. *See Issues and Decision Memorandum* at Comment 6 for a thorough discussion of this issue and “Analysis Memorandum for the Final Determination in the Investigation of Artist Canvas from the People's Republic of China: Wuxi Phoenix Artist Materials Co., Ltd.” from Michael Holton, Case Analyst through Robert Bolling, Program Manager, to the File, dated March 22, 2006 (“ *Phoenix Materials Final Analysis Memorandum* ”). • For the final determination, the Department has updated the surrogate value for labor and made changes to the surrogate financial ratio calculation. *See Phoenix Materials Final Analysis Memorandum* . • One of Phoenix Material's affiliated suppliers ( *i.e.* ,Shuyang Phoenix Artist Materials Co. Ltd. (“Shuyang Phoenix”)) presented minor corrections to its reported labor consumption at verification. For the final determination, the Department has incorporated this change into the margin calculation program. *See Phoenix Materials Final Analysis Memorandum* . • Due to the change in labor consumption, a resulting change in the allocation of electricity was also required for Shuyang Phoenix. *See Phoenix Materials Final Analysis Memorandum* . • At verification, Phoenix Materials presented a minor correction to its reported coal consumption. For the final determination, the Department has incorporated this change into its margin calculation program. *See Phoenix Materials Final Analysis Memorandum.* • At verification, the Department found that Phoenix Materials had not reported all of its indirect labor hours ( *i.e.* , supervisors, office cleaners, security guards, and doormen). For the final determination, the Department has incorporated all of Phoenix Material's indirect labor hours into its margin calculation program. *See Phoenix Materials Final Analysis Memorandum* . • At verification, the Department found that Phoenix Materials did not report diesel as a factor of production. For the final determination, the Department has applied the diesel consumption factor in the margin calculation program. *See Phoenix Materials Final Analysis Memorandum* . Scope of Investigation The products covered by this investigation are artist canvases regardless of dimension and/or size, whether assembled or unassembled, that have been primed/coated, whether or not made from cotton, whether or not archival, whether bleached or unbleached, and whether or not containing an ink receptive top coat. Priming/coating includes the application of a solution, designed to promote the adherence of artist materials, such as paint or ink, to the fabric. Artist canvases ( *i.e.* , pre-stretched canvases, canvas panels, canvas pads, canvas rolls (including bulk rolls that have been primed), printable canvases, floor cloths, and placemats) are tightly woven prepared painting and/or printing surfaces. Artist canvas and stretcher strips (whether or not made of wood and whether or not assembled) included within a kit or set are covered by this proceeding. Artist canvases subject to this investigation are currently classifiable under subheadings 5901.90.20.00 and 5901.90.40.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Specifically excluded from the scope of this investigation are tracing cloths, “paint-by-number” or “paint-it-yourself” artist canvases with a copyrighted preprinted outline, pattern, or design, whether or not included in a painting set or kit. 1 Also excluded are stretcher strips, whether or not made from wood, so long as they are not incorporated into artist canvases or sold as part of an artist canvas kit or set. While the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. Additionally, we have determined that canvas woven and primed in India but cut and stretched in the PRC and exported from the PRC is not subject to the investigation covering artist canvas from the PRC. 1 Artist canvases with a non-copyrighted preprinted outline, pattern, or design are included in the scope, whether or not included in a painting set or kit. Verification As provided in section 782(i) of the Act, we verified the information submitted by the mandatory respondents and one separate-rate status applicant for use in our final determination. *See* the Department's verification reports on the record of this investigation in the CRU with respect to Ningbo Conda Import & Export Co., Ltd. (“Ningbo Conda”), Jinhua Universal Canvas Manufacturing Co., Ltd. (“Jinhua Universal”), Wuxi Silver Eagle Cultural Goods Co. Ltd., Wuxi Pegasus Cultural Goods Co. Ltd., ColArt Americas Inc. (“ColArt US”), Hangzhou Foreign Relation & Trade Service Co. Ltd. (“HFERTS”), and Phoenix Materials. For all verified companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by respondents. Surrogate Country In the *Preliminary Determination* , we stated that we had selected India as the appropriate surrogate country to use in this investigation for the following reasons:

(1)It is a significant producer of comparable merchandise;

(2)it is at a similar level of economic development pursuant to 773(c)(4) of the Act; and

(3)we have reliable data from India that we can use to value the factors of production. *See Preliminary Determination* , 70 FR at 67415-16. For the final determination, we made no changes to our findings with respect to the selection of a surrogate country. Separate Rates In proceedings involving non-market-economy (“NME”) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of merchandise subject to investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. In the *Preliminary Determination* , we found that Ningbo Conda and its affiliated exporters, Conda (Ningbo) Painting Material Mfg. (“Conda Painting”) and Jinhua Universal; Phoenix Materials and its affiliated exporter Wuxi Phoenix Stationary Co. Ltd (“Phoenix Stationary”); and Jiangsu Animal By-products Import & Export Group Corp. (“Jiangsu By-products”) demonstrated their eligibility for separate-rate status. For the final determination, we continue to find that the evidence placed on the record of this investigation by Ningbo Conda and its affiliated exporters, Phoenix Materials and its affiliated exporter, and Jiangsu By-products demonstrate an absence of government control, both in law and in fact, with respect to their respective exports of the merchandise under investigation, and, thus are eligible for separate rate status. Additionally, in the *Preliminary Determination* , because the Department found that Jiangsu By-products demonstrated its eligibility for a rate separate from the PRC-wide rate, but was not a mandatory respondent, the margin we established in the *Preliminary Determination* for Jiangsu By-products was based on a weighted-average of the margins calculated for the two mandatory respondents. Because we are applying facts available to one of the selected mandatory respondents for the final determination, we have recalculated the rate applicable to Jiangsu By-products based on the rate calculated for the remaining mandatory respondent. Further, in the *Preliminary Determination* , although we determined that HFERTS demonstrated an absence of government control, both in law and in fact, with respect to its exports of artist canvas, we had not yet determined the country of origin of the merchandise exported by HFERTS, and thus had not made a determination with respect to whether HFERTS was eligible to apply for a separate rate. For the final determination, we have determined that the merchandise that HFERTS exported to the United States is not of Chinese origin. Thus, HFERTS did not export subject merchandise and, therefore, is not eligible for a separate rate. Adverse Facts Available Sections 776(a)(1) and

(2)of the Act provide that the Department shall apply “facts otherwise available” if necessary information is not on the record or an interested party or any other person

(A)withholds information that has been requested,

(B)fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and

(e)of section 782,

(C)significantly impedes a proceeding, or

(D)provides information that cannot be verified as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provide that party the opportunity to remedy or explain the deficiency. If the party fails to remedy the deficiency within the applicable time limits and subject to section 782(e) of the Act, the Department may disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act provides that the Department “shall not decline to consider information that is submitted by an interested party and is necessary to the determination but does not meet all applicable requirements established by the administering authority” if the information is timely, can be verified, is not so incomplete that it cannot be used, and if the interested party acted to the best of its ability in providing the information. Where all of these conditions are met, the statute requires the Department to use the information if it can do so without undue difficulties. Section 776(b) of the Act further provides that the Department may use an adverse inference in applying the facts otherwise available when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Section 776(b) of the Act also authorizes the Department to use as adverse facts available (“AFA”), information derived from the petition, the final determination, a previous administrative review, or other information placed on the record. Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of an investigation or review, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as “[i]nformation derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 concerning the subject merchandise.” *See* Statement of Administrative Action (“SAA”) accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d Cong., 2d Sess. Vol.1 at 870 (1994). Corroborate means that the Department will satisfy itself that the secondary information to be used has probative value. *See* SAA at 870. To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information to be used. The SAA emphasizes, however, that the Department need not prove that the selected facts available are the best alternative information. *See* SAA at 869. The Department finds that the information necessary to calculate an accurate and otherwise reliable margin is not available on the record with respect to Ningbo Conda. As the Department finds that Ningbo Conda failed to act to the best of its ability, withheld information, failed to provide information requested by the Department in a timely manner and in the form required, and significantly impeded the proceeding, ( *e.g.* , provided unverifiable information, failed to reported certain U.S. sales and certain factors of production, and failed to substantiate an unaffiliated supplier's reported factor consumption rates, etc.). Therefore, pursuant to sections 776(a)(2)(A), (B),

(C)and

(D)of the Act, the Department is resorting to facts otherwise available. In addition, in accordance with section 776(b) of the Act, the Department is applying an adverse inference in selecting the facts available rate as it has determined that Ningbo Conda did not act to the best of its ability to cooperate with the Department in this investigation. Corroboration At the *Preliminary Determination* , in accordance with section 776(c) of the Act, we corroborated our AFA margin using information submitted by both mandatory respondents. *See Memorandum to The File Through Robert Bolling, Program Manager, China/NME Group, Corroboration for the Preliminary Determination of Certain Artist Canvas from the People's Republic of China* , dated October 28, 2005, (“ *Corroboration Memo* ”). For the final determination, we are no longer using the information submitted by Ningbo Conda (see “Adverse Facts Available” section above). To assess the probative value of the total AFA rate it has chosen for Ningbo Conda and the PRC-wide entity, the Department compared the final margin calculations of Phoenix Materials in this investigation with the rate of 264.09 percent from the petition. We find that the rate is within the range of the highest margins we have determined in this investigation. *See Final Determination in the Investigation of Artist Canvas from the People's Republic of China, Corroboration Memorandum from Michael Holton, Analyst, through Robert Bolling, Program Manager* , (“ *Final Corroboration Memo* ”), dated March 22, 2006. Since the record of this investigation contains margins within the range of the petition margin, we determine that the rate from the petition continues to be relevant for use in this investigation. As discussed therein, we found that the margin of 264.09 percent has probative value. *See Final Corroboration Memo* . Accordingly, we find that the rate of 264.09 percent is corroborated within the meaning of section 776(c) of the Act. The PRC-Wide Rate Because we begin with the presumption that all companies within a NME country are subject to government control and because only the companies listed under the “Final Determination Margins” section below have overcome that presumption, we are applying a single antidumping rate - the PRC-wide rate - to all other exporters of subject merchandise from the PRC. Such companies did not demonstrate entitlement to a separate rate. *See, e.g., Final Determination of Sales at Less Than Fair Value: Synthetic Indigo from the People's Republic of China* , 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all entries of subject merchandise except for entries from the respondents which are listed in the “Final Determination Margins” section below (except as noted). Combination Rates In the *Notice of Initiation* , the Department stated that it would calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. *See Notice of Initiation* , 70 FR 21996, 21999. This change in practice is described in *Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries* , (April 5, 2005), (“ *Policy Bulletin 05.1* ”) available at *http://ia.ita.doc.gov/* . The *Policy Bulletin 05.1* , states: “[w]hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of “combination rates” because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.” *Policy Bulletin 05.1* , at page 6. Therefore, for the final determination, we have assigned a combination rate to respondents that are eligible for a separate rate. *See* Final Determination Margins, below. Final Determination Margins We determine that the following percentage weighted-average margins exist for the POI: Artist Canvas from the PRC - Weighted-average Dumping Margins Exporter Producer Weighted-Average Deposit Rate Ningbo Conda Jinhua Universal 264.09 Ningbo Conda Wuxi Silver Eagle Cultural Goods Co. Ltd. 264.09 Conda Painting Wuxi Pegasus Cultural Goods Co. Ltd. 264.09 Jinhua Universal Jinhua Universal 264.09 Phoenix Materials Phoenix Materials 77.90 Phoenix Materials Phoenix Stationary 77.90 Phoenix Materials Shuyang Phoenix 77.90 Phoenix Stationary Phoenix Materials 77.90 Phoenix Stationary Phoenix Stationary 77.90 Phoenix Stationary Shuyang Phoenix 77.90 Jiangsu By-products Wuxi Yinying Stationery and Sports Products Co. Ltd. Corp. 77.90 Jiangsu By-products Su Yang Yinying Stationery and Sports Products Co. Ltd. Corp. 77.90 China-Wide Rate 264.09 Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (“CBP”) to continue to suspend liquidation of all entries of subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after November 7, 2005, the date of publication of the *Preliminary Determination* . CBP shall continue to require a cash deposit or the posting of a bond equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. These instructions suspending liquidation will remain in effect until further notice. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). ITC Notification In accordance with section 735(d) of the Act, we have notified the ITC of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, within 45 days the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation ( *i.e.* , November 7, 2005). Notification Regarding APO This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or 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. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: March 22, 2006. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E6-4657 Filed 3-29-06; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-504] Petroleum Wax Candles from the People's Republic of China: Extension of Time Limit for Preliminary Results of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) is extending the time limit for the preliminary results of the review of petroleum wax candles (“candles”) from the People's Republic of China (“PRC”). This review covers the period August 1, 2004, through July 31, 2005. EFFECTIVE DATE: March 30, 2006. FOR FURTHER INFORMATION CONTACT: Cindy Lai Robinson, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-3797. SUPPLEMENTARY INFORMATION: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary determination is published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. Background On September 28, 2005, the Department published a notice of initiation of a review of candles from the PRC covering the period August 1, 2004, through July 31, 2005. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 70 FR 56631 (September 28, 2005). Extension of Time Limit of Preliminary Results The Department determines that this review is extraordinarily complicated and that completion of the preliminary results of this review within the 245-day period is not practicable. Specifically, the Department requires additional time to examine whether the respondent, Qingdao Youngson Industrial Co., Ltd. (“Youngson”), is affiliated with other PRC producers and to conduct verification of Youngson's questionnaire responses. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time limit for the completion of the preliminary results of the review by 45 days to June 17, 2006. However, June 17, 2006, falls on Saturday, and it is the Department's long-standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. *See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended* , 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the preliminary results is June 19, 2006. The final results continue to be due 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(2) and 777(i)(1) of the Act. Dated: March 23, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-4658 Filed 3-29-03; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-122-838] Certain Softwood Lumber Products from Canada: Notice of Rescission of Antidumping Duty Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 30, 2006. SUMMARY: On January 19, 2006, the Department of Commerce (the Department) published in the **Federal Register** a notice announcing the initiation of a changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada. *See Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada* 71 FR 4350 (January 19, 2006) ( *Initiation Notice* ). The review was requested by Weyerhaeuser Company Limited and Weyerhaeuser Saskatchewan Limited (collectively, Weyerhaeuser). We are now rescinding this review as a result of Weyerhaeuser's withdrawal of its request for a changed circumstances review. FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala or Constance Handley at

(202)482-1784 or

(202)482-0631, respectively, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with 19 CFR 351.216(b), Weyerhaeuser, a Canadian producer of softwood lumber products, filed a request for a changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada. On January 19, 2006, in accordance with 19 CFR 351.221(c)(3), we published the initiation of a changed circumstances review of this order. *See Initiation Notice* . On March 6, 2006, Weyerhaeuser withdrew its request for a changed circumstances review. Rescission of Changed Circumstances Review The Department's regulations provide that the Department will rescind an administrative review if the party that requested the review withdraws the request within ninety days of the date of publication of the notice of initiation of the requested review. Section 351.213(d)(1) of the Department's regulations regarding review request withdrawals does not specifically reference changed circumstances administrative reviews. In this case, Weyerhaeuser withdrew its request for a changed circumstances review within ninety days of the review being initiated, the time period the Department generally considers reasonable for withdrawing requests for administrative reviews. Therefore, the Department has accepted Weyerhaeuser's withdrawal request in this case as timely. 1 1 See *Notice of Rescission of Changed Circumstances Antidumping Duty Administrative Review: Certain Stainless Steel Butt-Weld Pipe and Tube Fittings from Japan* , 67 FR 53777 (August 19, 2002). The Department is now rescinding this antidumping duty changed circumstances review. U.S. Customs and Border Protection will continue to suspend entries of subject merchandise at the appropriate cash deposit rate for all entries of certain softwood lumber products from Canada. This notice also serves as a reminder to parties subject to administrative protective order

(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. This notice is issued and published in accordance with 19 CFR 351.213(d)(4) and section 777(i)(1) of the Tariff Act of 1930, as amended. Dated: March 23, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-4659 Filed 3-29-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Pacific Islands Logbook Family of Forms AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before May 30, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Walter Ikehara, 808-944-2275, or *walter.ikehara@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract The National Marine Fishery Services Pacific Islands Region

(PIR)manages the U.S. fisheries of the Exclusive Economic Zone

(EEZ)in the western Pacific under five fishery management plans (FMPs), prepared by the Western Pacific Fishery Management Council pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. The regulations implementing the FMPs are found at 50 CFR part 660. The record keeping and reporting requirements at 50 CFR part 660 form the basis for this collection of information. PIR requests information from participants in the fisheries and interested persons. This information, upon receipt, results in an increasingly more efficient and accurate database for the management and monitoring of fisheries of the EEZ in the western Pacific. II. Method of Collection Paper submissions, electronic reports, and telephone calls are required from participants. Other methods of submittal include Internet and facsimile transmission of paper forms. III. Data *OMB Number:* 0648-0214. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations; individuals or households. *Estimated Number of Respondents:* 207. *Estimated Time Per Response:* 5 minutes for catch and effort logbooks; 3 minutes for protected species interaction reports; 5 minutes for pre-trip and post-landing notifications; 4 hours for experimental fishing reports; 5 minutes for sales and transshipment reports; 5 minutes for report on gear left at sea; 4 hours for claim for reimbursement for lost fishing time; 1 hour for request for pelagics area closure exemption; and 1 hour for observer placement meetings. *Estimated Total Annual Burden Hours:* 2,483. *Estimated Total Annual Cost to Public:* $1,048. IV. Request for Comments Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 24, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-4613 Filed 3-29-06; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Basic Requirements for All Marine Mammal Special Exception Permits To Take, Import and Export Marine Mammals, and for Maintaining a Captive Marine Mammal Inventory Under the Marine Mammal Protection Act, the Fur Seal Act, and the Endangered Species Act AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before May 30, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Amy Sloan,

(301)713-2289 or *Amy.Sloan@noaa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The Marine Mammal Protection Act (MMPA), Fur Seal Act (FSA), and Endangered Species Act

(ESA)prohibit certain actions affecting marine mammals and endangered and threatened species, with exceptions. Permits can be obtained for scientific research, enhancing the survival or recovery of a species or stock, commercial and educational photography, and import and capture for public display; authorizations can be obtained for scientific research that involves minimal disturbance. The applicants desiring a permit or authorization must provide certain information in order for the National Marine Fisheries Service to determine whether a proposed activity is consistent with the purposes, policies, and requirements of these laws, and that the activity is in the best interest of the protected species and the public. The permit holders and authorized researchers must report on activities conducted to ensure compliance with permit conditions and protection of the animals. Holders of captive marine mammals must report changes to their animal inventory. Scientific research and enhancement permit applications for non-salmonid endangered and threatened species previously submitted under OMB No. 0648-0402, will be combined with permit applications for marine mammals in order to streamline the process for requesting takes of multiple species and to accommodate an online application system currently in development. The regulations implementing permit, authorization, and inventory requirements under the MMPA and FSA are at 50 CFR part 216; the regulations for permit requirements under the ESA are at 50 CFR part 222. The respondents will be researchers, photographers, and other members of the public seeking exceptions to prohibited activities on marine mammals and endangered and threatened species, excluding salmonids, through permits or authorizations for purposes described above; and holders of marine mammals in captivity. II. Method of Collection Permit and authorization application materials and reports are paper and in some cases, electronic, and are written to respond to a required format. Inventory materials and reports are paper forms. Methods of submittal include mail, facsimile transmission, and electronic submission. III. Data *OMB Number:* 0648-0084. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Individuals or households; not-for-profit institutions; business or other for-profit organizations; Federal Government; and State, Local, or Tribal Government. *Estimated Number of Respondents:* 518. *Estimated Time Per Response:* 32 hours for an application for a scientific research or enhancement permit; 20 hours for an application for a public display permit; 10 hours for an application for a photography permit or a General Authorization; 20 hours for a major amendment or modification to a permit; 3 hours for a minor amendment or modification to a permit or for a change to a General Authorization; 12 hours for a scientific research or enhancement permit report; 8 hours for a General Authorization report; 2 hours for public display or photography permit report; 2 hours for a request to retain or transfer a rehabilitated marine mammal; 2 hours for a marine mammal inventory (1 hour for a transport notification; 30 minutes each for a data sheet and a person/holder/facility sheet); and 2 hours for recordkeeping. *Estimated Total Annual Burden Hours:* 6,678. *Estimated Total Annual Cost to Public:* $1,700. IV. Request for Comments Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(NE)Multispecies Fishery Management Plan

(FMP)(Amendment 13) authorized allocation of up to 20 percent of the annual Georges Bank

(GB)cod total allowable catch

(TAC)to the GB Cod Hook Sector (Sector). Pursuant to that authorization, the Sector has submitted an Operations Plan and Sector Contract entitled, “Amendment 2 to Georges Bank Cod Hook Sector Operations Plan and Agreement” (together referred to as the Sector Agreement), and a Supplemental Environmental Assessment (EA), and has requested an allocation of GB cod, consistent with regulations implementing Amendment 13. This notice provides interested parties an opportunity to comment on the proposed Sector Agreement prior to final approval or disapproval of the Sector Operations Plan and allocation of GB cod TAC to the Sector for the 2006 fishing year (FY). DATES: Written comments must be received on or before April 14, 2006. ADDRESSES: Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on GB Cod Hook Sector Operations Plan.” Comments may also be sent via fax to

(978)281-9135, or submitted via e-mail to: *codsector@NOAA.gov* . Copies of the Sector Agreement and the EA are available from the NE Regional Office at the mailing address specified above. FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, phone

(978)281-9347, fax

(978)281-9135, e-mail *Thomas.Warren@NOAA.gov* . SUPPLEMENTARY INFORMATION: NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has made a preliminary determination that the Sector Agreement, which contains the Sector Contract and Operations Plan, is consistent with the goals of the FMP and other applicable law and is in compliance with the regulations governing the development and operation of a sector as specified under 50 CFR 648.87. The final rule implementing Amendment 13 (69 FR 22906, April 27, 2004) specified a process for the formation of sectors within the NE multispecies fishery and the allocation of TAC for a specific groundfish species (or days-at-sea (DAS)), implemented restrictions that apply to all sectors, authorized the GB Cod Hook Sector, established the GB Cod Hook Sector Area (Sector Area), and specified a formula for the allocation of GB cod TAC to the Sector. The principal Amendment 13 regulations applying to the Sector specify that:

(1)All vessels with a valid limited access NE multispecies DAS permit are eligible to participate in the Sector, provided they have documented landings of GB cod through valid dealer reports submitted to NMFS of GB cod during FY 1996 through 2001 when fishing with hook gear (i.e., jigs, demersel longline, or handgear);

(2)membership in the Sector is voluntary, and each member would be required to remain in the Sector for the entire fishing year and could not fish outside the NE multispecies DAS program during the fishing year, unless certain conditions are met;

(3)vessels fishing in the Sector (participating vessels) would be confined to fishing in the Sector Area, which is that portion of the GB cod stock area north of 39°00′ N. lat. and east of 71°40′ W. long; and

(4)participating vessels would be required to comply with all pertinent Federal fishing regulations, unless specifically exempted by a Letter of Authorization, and the provisions of an approved Operations Plan. While Amendment 13 authorized the Sector, in order for GB cod to be allocated to the Sector and the Sector authorized to fish, the Sector must submit an Operations Plan and Sector Contract to the Regional Administrator annually for approval. The Operations Plan and Sector Contract must contain certain elements, including a contract signed by all Sector participants and a plan containing the management rules that the Sector participants agree to abide by in order to avoid exceeding the allocated TAC. An additional analysis of the impacts of the Sector's proposed operations may be required in order to comply with the National Environmental Policy Act. Further, the public must be provided an opportunity to comment on the proposed Operations Plan and Sector Contract. The regulations require that, upon completion of the public comment period, the Regional Administrator will make a determination regarding approval of the Sector Contract and Operations Plan. If approved by the Regional Administrator, participating vessels would be authorized to fish under the terms of the Operations Plan and Sector Contract. The Sector was authorized for FY 2005 and, based upon the GB cod landings history of its 49 members, was allocated 455 mt of cod, which is 11.12 percent of the total FY 2005 GB cod TAC. On March 8, 2006, the Sector Manager submitted to NMFS Amendment 2 to the 2004 Sector Agreement and a supplemental EA entitled “The Georges Bank Cod Hook Sector Operations Plan,” which analyzes the impacts of the proposed Sector Agreement. With three substantive exceptions, the proposed 2006 Sector Agreement contains the same elements as the 2005 Sector Agreement. The first modification to the 2005 Sector Agreement is an exemption from the differential DAS requirements proposed in both the Secretarial emergency action (71 FR 11060, March 3, 2006) and Framework Adjustment

(FW)42, which has been approved by the New England Fishery Management Council, but not yet proposed through **Federal Register** publication. If approved, implementation of the emergency action is expected to occur in time for the start of the May 1, 2006, fishing year, followed by FW 42 in mid-summer 2006. Under the Sector Agreement, Sector vessels would be subject to the following trip limits during FY 2006: A 100-lb (45.4-kg) trip limit for Cape Cod, GB, and Southern New England (SNE)/Mid-Atlantic

(MA)yellowtail flounder; a 2,000-lb (907.2-kg) GB winter flounder trip limit; and a 1,000-lb (453.6-kg)/DAS white hake trip limit. These trip limits are more restrictive or, in the case of white hake, comparable, to the trip limits proposed under FW 42 and, therefore, substitute for differential DAS accounting under both the proposed Secretarial emergency action and FW 42. The proposed FW 42 differential DAS areas within inshore GOM and the SNE/MA Regulated Mesh Area are proposed primarily to protect yellowtail flounder and, in the case of GOM, cod. Because Sector vessels are subject to a hard cod TAC, and because they catch very little yellowtail flounder (a total of 7 lb (3.2 kg) of yellowtail flounder was landed by Sector vessels in FY 2004), an exemption from differential DAS counting would not compromise the FMP fishing mortality objectives for these stocks of concern. The second modification proposed in the 2006 Sector Agreement is an exemption from the 72-hr observer notification requirement when fishing under an A DAS in the Western U.S./Canada Area. Vessels are currently required to notify the Observer Program 72 hr prior to leaving the dock when intending to fish under a NE multispecies DAS in the U.S./Canada Management Area. This measure was implemented under Amendment 13 in order to help monitor the hard TACs for the U.S./Canada shared stocks of GB cod, haddock, and yellowtail flounder. All three of these stocks are shared in the Eastern U.S./Canada Area; however, only GB yellowtail flounder is shared in the Western U.S./Canada Area. Therefore, because Sector vessels catch virtually no yellowtail flounder, the Sector Agreement proposes to exempt Sector vessels from the 72-hr notification requirement in the Western U.S./Canada Area. This exemption would not impact the ability of NMFS to monitor the U.S./Canada GB yellowtail flounder TAC. The third modification proposed in the 2006 Sector Agreement is an exemption from the DAS Leasing Program vessel size restrictions. Under the current DAS Leasing Program, vessels may only lease DAS to a lessee vessel with a baseline engine horsepower rating that is no more than 20 percent greater, and a baseline length overall

(LOA)that is no more than 10 percent greater, than the baseline engine horsepower and the LOA, respectively, of the lessor vessel. Under the Sector Agreement, Sector vessels would be allowed to lease DAS to other Sector vessels without being subject to these vessel size restrictions. This exemption is not expected to increase effort within the Sector, since the size of the vessel is not the limiting factor with respect to the number of hooks that can be fished on board each vessel. Rather, the limiting factor to the number of hooks that can be fished is the tidal flow velocity between tides when vessels set and retrieve hooks. Because Sector vessels are currently constrained to leasing DAS only to the small pool of vessels within the Sector (50 vessels as indicated in the 2006 Sector Agreement), this exemption would provide additional flexibility while not compromising conservation objectives. The Sector Agreement would be overseen by a Board of Directors and a Sector Manager. The Sector Agreement specifies, in accordance with Amendment 13, that the Sector's GB cod TAC would be based upon the number of Sector members and their historic landings of GB cod. The GB cod TAC is a “hard” TAC, meaning that, once the TAC is reached, Sector vessels could not fish under a DAS, possess or land GB cod or other regulated species managed under the FMP (regulated species), or use gear capable of catching groundfish (unless fishing under charter/party or recreational regulations). As of March 8, 2005, 50 prospective Sector members had signed the 2006 Sector Contract. The GB cod TAC calculation is based upon the historic cod landings of the participating Sector vessels, using all gear. The allocation percentage is calculated by dividing the sum of total landings of GB cod by Sector members for the FY 1996 through 2001, by the sum of the total accumulated landings of GB cod harvested by all NE multispecies vessels for the same time period (113,278,842 lb (51,383.9 mt)). The resulting number is 11.53 percent. Based upon these 50 prospective Sector members, the Sector TAC of GB cod would be 707 mt (11.53 percent times the fishery-wide GB cod target TAC of 6,132 mt, respectively). The fishery-wide GB cod target TAC of 6,132 mt is less than the GB cod target TAC proposed for 2006 (7,458 mt) because the 7,458 mt includes Canadian catch. That is, the fishery-wide GB cod target TAC of 6,132 mt was calculated by subtracting the GB cod TAC specified for Canada under the U.S./Canada Resource Sharing Understanding for FY 2006 (1,326 mt), from the overall GB cod target TAC of 7,458 mt proposed by the Council for FY 2006 (71 FR 12665, March 13, 2006). If prospective members of the Sector change their minds after the publication of this notice and prior to a final decision by the Regional Administrator, it is possible that the total number of participants in the Sector and the TAC for the Sector may be reduced from the numbers above. The Sector Agreement contains procedures for the enforcement of the Sector rules, a schedule of penalties, and provides the authority to the Sector Manager to issue stop fishing orders to members of the Sector. Participating vessels would be required to land fish only in designated landing ports and would be required to provide the Sector Manager with a copy of the Vessel Trip Report

(VTR)within 48 hours of offloading. Dealers purchasing fish from participating vessels would be required to provide the Sector Manager with a copy of the dealer report on a weekly basis. On a monthly basis, the Sector Manager would transmit to NMFS a copy of the VTRs and the aggregate catch information from these reports. After 90 percent of the Sector's allocation has been harvested, the Sector Manager would be required to provide NMFS with aggregate reports on a weekly basis. A total of 1/12 of the Sector's GB cod TAC, minus a reserve, would be allocated to each month of the fishing year. GB cod quota that is not landed during a given month would be rolled over into the following month. Once the aggregate monthly quota of GB cod is reached, for the remainder of the month, participating vessels could not fish under a NE multispecies DAS, possess or land GB cod or other regulated species, or use gear capable of catching regulated NE multispecies. Once the annual TAC of GB cod is reached, Sector members could not fish under a NE multispecies DAS, possess or land GB cod or other regulated species, or use gear capable of catching regulated NE multispecies for the rest of the fishing year. The harvest rules would not preclude vessels from fishing under the charter/party or recreational regulations, provided the vessel fishes under the applicable charter/party and recreational rules on separate trips. For each fishing trip, participating vessels would be required to fish under the NE multispecies DAS program to account for any incidental groundfish species that they may catch while fishing for GB cod. In addition, participating vessels would be required to call the Sector Manager prior to leaving port. There would be no trip limit for GB cod for participating vessels. All legal-sized cod caught would be retained and landed and counted against the Sector's aggregate allocation. Participating vessels would not be allowed to fish with or have on board gear other than jigs, non-automated demersal longline, or handgear, and could use an unlimited number of hooks in the Sector Area. NE multispecies DAS used by participating vessels while conducting fishery research under an Exempted Fishing Permit during the FY 2006 would be deducted from that Sector member's individual DAS allocation. Similarly, all GB cod landed by a participating vessel while conducting research would count toward the Sector's allocation of GB cod TAC. Participating vessels would be exempt from the GB Seasonal Closure Area during May. The EA prepared for the Sector operations concludes that the biological impacts of the Sector will be positive because the hard TAC and the use of DAS will provide two means of restricting both the landings and effort of the Sector. Implementation of the Sector would have a positive impact on essential fish habitat

(EFH)and bycatch by allowing a maximum number of hook vessels to remain active in the hook fishery, rather than converting to (or leasing DAS to) other gear types that have greater impacts on EFH. The analysis of economic impacts of the Sector concludes that Sector members would realize higher economic returns if the Sector were implemented. The EA asserts that fishing in accordance with the Sector Agreement rules enables more efficient harvesting of GB cod with hook gear than would be possible if the vessels were fishing in accordance with the common pool (non-Sector) rules. The social benefits of the Sector would accrue to Sector members as well as the Chatham/Harwichport, MA, community, which is highly dependent upon groundfish revenues. The EA concludes that the self-governing nature of the Sector and the development of rules by the Sector enables stewardship of the cod resource by Sector members. The cumulative impacts of the Sector are expected to be positive due to a positive biological impact, neutral impact on habitat, and a positive social and economic impact. In contrast, the cumulative impact of the no action alternative is estimated to be neutral, with negative social and economic impacts. Should the Regional Administrator approve the Sector Agreement as proposed, a Letter of Authorization would be issued to each member of the Sector exempting them, conditional upon their compliance with the Sector Agreement, from the GB cod possession restrictions and the requirements of the GOM trip limit exemption program, limits on the number of hooks, the GB Seasonal Closure Area, the 72-hr observer notification requirement, the DAS Leasing Program vessel size restrictions, and proposed differential DAS requirements as specified in § 648.86(b), 648.80(a)(4)(v), 648.81(g), 648.85(a)(3)(ii)(C), 648.82(k)(4)(ix), and 648.82, respectively. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on proposed TAC allocations and plans of operation of sectors. Dated: March 24, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-4664 Filed 3-29-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No.: 060313063-6063-01; I.D. 032206B] Financial Assistance To Administer NOAA's Faculty and Student Intern Research Program and Notice of Availability of Funds and Solicitation for Proposals for These Funds AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of criteria to administer the NOAA Faculty and Student Intern Research; notice of availability of funds; solicitation for funding proposals. SUMMARY: The purpose of this document is to advise the public that NOAA's Office of Civil Rights is soliciting proposals from non-profit organizations to design and provide administrative services for NOAA-sponsored internship program aimed at providing training, educational, and research opportunities to faculty, as well as graduate and undergraduate students pursuing degrees related to NOAA's mission. NOAA is seeking applicants with the capacity to design and implement a program that will improve NOAA's outreach and recruitment efforts of underrepresented individuals in the scientific mission-related occupational fields, i.e., fishery biology, environmental law, meteorology, cartography, oceanography, hydrology, computer science, ecology, environmental economics, and engineering. When implemented, the program will provide both student and faculty member participants with stipends, housing assistance, and limited travel expenses. Applicants to design and implement the program must demonstrate a focused and effective outreach and recruitment strategy targeting minority serving institutions and others. It is expected that approximately $250,000 to $300,000 annually will be available for the project. DATES: Proposals are due to NOAA by 5 p.m., EST, 15 days after date of publication of this document in the **Federal Register** . ADDRESSES: It is strongly encouraged that applications submitted in response to this announcement are submitted through the Grants.gov Web site. Electronic access to the Full Funding Opportunity Announcement for this program is available via the Grants.gov Web site: *http://www.grants.gov.* Applicants must comply with all requirements contained in the Full Funding Opportunity Announcement. Paper applications (a signed original and two copies) may also be submitted to the following address: NOAA Civil Rights Office/OFA51,1305 East West Highway, Room 12222, Silver Spring, MD 20910. No facsimile or electronic mail applications will be accepted. FOR FURTHER INFORMATION CONTACT: Victoria G. Dancy,

(301)713-0500, ext. 136. SUPPLEMENTARY INFORMATION: NOAA is committed to recruiting and retaining individuals from underrepresented communities as part of its workforce. With such a limited pool of potential minority employees trained in NOAA-related sciences, it is important that NOAA seek new ways to make students aware of the mission of the agency and to support activities that increase opportunities to attract highly qualified faculty members and college students pursuing degrees or who have obtained degrees in NOAA-related sciences. Since approximately 40 percent of minority students receive their undergraduate degrees at Minority Serving Institutions (MSIs), targeted recruitment efforts at MSIs are an effective way to increase the number of students from underrepresented communities trained and graduated in NOAA related sciences. For the purposes of this announcement, MSIs are defined as Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, Alaska Native and Native Hawaiian Serving Institutions as defined by the Department of Education 2004 list *http://www.ed.gov/about/offices/list/ocr/minorityinst2004.pdf.* The NOAA Faculty and Student Intern Research Program will be a competitive program designed to provide opportunities to participate in hands-on research, education, and training activities in NOAA-related sciences. The program must be designed to improve NOAA's outreach and recruitment efforts toward underrepresented individuals in the scientific mission-related occupational fields, i.e., fishery biology, environmental law, meteorology, cartography, oceanography, hydrology, computer science, ecology, environmental economics, and engineering. The program will aim to introduce or reintroduce these NOAA-related sciences to the universities and colleges and integrate them into campus-based instruction and research programs. Program activities include summer and academic year internships at NOAA facilities. Faculty stipends will be based on faculty members' regular university salaries. NOAA scientists will be assigned as mentors to participants during the internship period. Participants in the program, both students and faculty members, must be U.S. citizens. Faculty participants must be full-time faculty employed at a U.S. college or university and must hold a degree in the life or physical sciences or engineering. Faculty participants must have research interests in areas related to NOAA's mission. Undergraduate and graduate participants in the program must be enrolled in a U.S. college or university and be pursuing a degree in a science or engineering discipline related to NOAA's mission. Electronic Access Applicants can access, download and submit electronic grant applications, including the Full Funding Opportunity Announcement, for NOAA programs at the Grants.gov Web site: *http://www.grants.gov* or by contacting the program official identified above. The closing date will be the same as for paper submissions noted in this announcement. NOAA strongly recommends that Applicants do not wait until the application deadline date to begin the application process through Grants.gov. If Internet access is unavailable, hard copies of proposals will also be accepted—a signed original and two copies at time of submission. This includes color or high-resolution graphics, unusually sized materials, or otherwise unusual materials submitted as part of the proposal. For color graphics, submit either color originals or color copies. Facsimile transmissions and electronic mail submission of proposals will not be accepted. Funding Availability The Office of Civil Rights anticipates that funding will be available at $250,000 to $300,000 a year for a 3-year period. The proposal is limited to a total of $900,000 for a maximum of 3 years and one proposal will be funded. Up to 25 percent of $300,000 is allowed for administrative overhead and at least 75 percent of $300,000 is allocated for student support. It is anticipated that the funding instrument will be a cooperative agreement since NOAA will be substantially involved in identifying NOAA facilities to place students each year during the three-year period of internships, and with collaboration, participation, or intervention in project performance. Authority: 15 U.S.C. 1540. *Catalog of Federal Domestic Assistance:* 11.481. *Eligibility:* Proposals will only be accepted from not-for-profit organizations. *Cost Sharing Requirements:* None. *Intergovernmental Review:* Applications under this program are not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” Evaluation Criteria and Selection Procedures NOAA published its agency-wide solicitation entitled “Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2006” for projects for Fiscal Year 2006 in the **Federal Register** on June 30, 2005 (70 FR 37766). The evaluation criteria and selection procedures for projects contained in that omnibus notice are applicable to this solicitation. Copies of this notice are available on the Internet at *http://www.ofa.noaa.gov%7Eamd/SOLINDEX.HTML.* Further details on evaluation and selection criteria can be found in the full funding opportunity announcement. Pre-Award Activities If applicants incur any costs prior to an award being made, they do so solely at their own risk of not being reimbursed by the Government. Notwithstanding any verbal assurance that may have been received, there is no obligation to the applicant on the part of Department of Commerce to cover pre-award costs. Limitation of Liability In no event will NOAA or the Department of Commerce accept responsibility for proposal preparation costs if these programs fail to receive funding or are cancelled because of other agency priorities. Publication of this announcement does not oblige NOAA to award any specific project or to obligate any available funds. Recipients and sub-recipients are subject to all Federal laws and agency policies, regulations and procedures applicable to Federal financial assistance awards. National Environmental Policy Act

(NEPA)NOAA must analyze the potential environmental impacts, as required by the National Environmental Policy Act (NEPA), for applicant projects or proposals which are seeking NOAA Federal funding opportunities. Detailed information on NOAA compliance with NEPA can be found at the following NOAA NEPA Web site: *(http://www.nepa.noaa.gov/)* , including our NOAA Administrative Order 216-6 for NEAP, *(http://www.nepa.noaa.gov/NAO216_6_TOC.pdf)* , and the Council on Environmental Quality implementation regulations, *(http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm)* . Consequently, as part of an applicant's package, and under their description of their program activities, applicants are required to provide detailed information on the activities to be conducted, locations, sites, species and habitat to be affected, possible construction activities, and any environmental concerns that may exist (e.g., the use and disposal of hazardous or toxic chemicals introduction of non-indigenous species, impacts to endangered and threatened species, aquaculture projects, and impacts to coral reef systems). In addition to providing specific information that will serve as the basis for any required impact analyses, applicants may also be requested to assist NOAA in drafting of an environmental assessment, if NOAA determines an assessment is required. Applicants will also be required to cooperate with NOAA in identifying feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal. The failure to do so shall be grounds for the denial of an application. In some cases if additional information is required after application is selected, funds can be withheld by the Grants Officer under a special award condition requiring the recipient to submit additional environmental compliance information sufficient to enable NOAA to make an assessment on any impacts that a project may have on the environment. Pre-Award Notification Requirements for Grants and Cooperative Agreements The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements contained in the **Federal Register** Notice of December 30, 2004 (69 FR 78389) are applicable to this solicitation. Paperwork Reduction Act

(PRA)This notification involves collection-of-information requirements subjects to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, and SF-LLL and CD-346 has been approved by the Office of Management and Budget

(OMB)under control numbers 0348-0043, 0348-0044, 0348-0040 and 0348-0046 and 0605-0001, respectively. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Executive Order 12866 It has been determined that this notice is not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Executive Order Administrative Procedure Act/Regulatory Flexibility Act Prior notice and an opportunity for public comment re not required by the Administrative Procedure Act or any other law for rules concerning public property, loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comments are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq* .) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: March 27, 2006. Alfred A. Corea, Director, Civil Rights Office, National Marine Fisheries Service. [FR Doc. 06-3084 Filed 3-29-06; 8:45 am]

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