Notices. Additions to and deletion from Procurement List
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BILLING CODE 3410-11-M COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions and Deletion AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and deletion from Procurement List. SUMMARY: This action adds to the Procurement List a product and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a product previously furnished by such agencies.
DATES: *Effective Date:* August 27, 2006. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Sheryl D. Kennerly, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *SKennerly@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On May 26, 2006 and June 2, 2006, the Committee for Purchase From People Who Are Blind or Severely Disabled published notices (71 FR 30377 and 32030) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and services and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and services proposed for addition to the Procurement List. End of Certification Accordingly, the following product and services are added to the Procurement List: Product *Product/NSN:* Fluorescent Highlighter. 7520-01-238-0978—Blue. 7520-01-238-0979—Green. *NPA:* Winston-Salem Industries for the Blind, Winston-Salem, NC. *Contracting Activity:* Office Supplies & Paper Products Acquisition Center, New York, NY. Services *Service Type/Location:* Custodial Services, GSA, PBS, Region 6, 1114 Market Street, St. Louis, Missouri. *NPA:* MGI Services Corporation, St. Louis, Missouri. *Contracting Activity:* GSA, PBS—Region 6, Kansas City, Missouri. *Service Type/Location:* Laundry Service, 21st Medical Group (Medical Clinic), Peterson AFB, Colorado, Area Dental Laboratory (ADL), Peterson Air Force Base, Colorado, Schriever Troop Clinic, Schriever Air Force Base, Colorado. *NPA:* Goodwill Industrial Services Corporation, Colorado Springs, Colorado. *Contracting Activity:* Headquarters, Air Force Space Command, Peterson AFB, Colorado. *Service Type/Location:* Pest Control, Healthy Beginnings Child Development Center, 5610 Fishers Lane, Rockville, Maryland. Parklawn Building, 5600 Fishers Lane, Rockville, Maryland. *NPA:* Davis Memorial Goodwill Industries, Washington, DC. *Contracting Activity:* Department of Health and Human Services, Rockville, Maryland. Deletion On May 26, 2006, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (70 FR 30377) of proposed deletion to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the product listed below is no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the products to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product deleted from the Procurement List. End of Certification Accordingly, the following product is deleted from the Procurement List: Product *Product/NSN:* Accustamp. 7520-01-207-4213—OFFICIAL—Red. *NPA:* The Arbor School, Houston, Texas. *Contracting Activity:* Office Supplies & Paper Products Acquisition Center, New York, NY. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E6-12103 Filed 7-27-06; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Proposed Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed additions to Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List a product and service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. *Comments Must Be Received on or Before:* August 27, 2006. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Sheryl D. Kennerly, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *SKennerly@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)
(2)and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. If the Committee approves the proposed additions, the entities of the Federal Government identified in the notice for each product or service will be required to procure the product and service listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and service to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and service proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product and service are proposed for addition to Procurement List for production by the nonprofit agencies listed: Products *Product/NSN:* Tool Kit, Highway Safety. 5180-01-434-5068. *NPA:* Development Workshop, Inc., Idaho Falls, ID. *Contracting Activity:* General Services Administration, Federal Supply Service—Region 6, Kansas City, Missouri. *Product/NSN:* Stainless Steel Scrubber. 7920-00-926-5176. *NPA:* Beacon Lighthouse, Inc., Wichita Falls, Texas. *Contracting Activity:* GSA, Southwest Supply Center, Fort Worth, Texas. Service *Service Type/Location:* Document Destruction, DOI Acquisition & Property Management Division, Building 22208, Auger Street, 2nd Floor, Fort Huachuca, Arizona. *NPA:* Beacon Group SW, Inc., Tucson, Arizona. *Contracting Activity:* DOI/NBC—Acquisition & Property Management Division, Fort Huachuca, Arizona. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E6-12104 Filed 7-27-06; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board (Docket 30-2006) Proposed Foreign-Trade Zone, Lehigh Valley, Pennsylvania, Application and Public Hearing An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Lehigh Valley Economic Development Corporation, a Pennsylvania non-profit agency, to establish a general-purpose foreign-trade zone at sites in Lehigh and Northampton Counties, Pennsylvania, adjacent to the Philadelphia Customs port of entry. The application was submitted pursuant to the provisions of the FTZ Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR Part 400). It was formally filed on July 18, 2006. The applicant is authorized to make the proposal under Pennsylvania Statute 66 Pa.C.S.§ 3102. The proposed zone would consist of 7 sites covering 1,927 acres in Lehigh and Northampton Counties, Pennsylvania: **Site 1** (727 acres) - Lehigh Valley Industrial Park VII, 1805 East 4 th Street, Bethlehem; **Site 2** (96 acres) - Arcadia East Industrial Park, intersection of Route 512 and Silver Crest Road, East Allen Township; **Site 3** (83 acres) - Arcadia West Industrial Park, intersection of I-78 and Route 863, Weisenberg Township; **Site 4** (226 acres) - West Hills Business Center, intersection of I-78 and Route 863, Weisenberg Township; **Site 5** (399 acres) - Boulder Business Center, intersection of Boulder Drive and Industrial Blvd., Breinigsville; **Site 6** (183 acres) - Lehigh Valley West Corporate Center, intersection of Nestle Way and Schantz Road, Breinigsville; and, **Site 7** (213 acres) within the LogistiCenter, 4950 Hanoverville Road, Bethlehem. The sites are owned by a number of private corporations. A portion (70 acres) of proposed Site 7 is currently designated as Site 15 of FTZ 147. Approval of this request would transfer the site from FTZ 147 to the Lehigh Valley Economic Development Corporation. The Foreign-Trade Zone Corporation of Southeastern Pennsylvania, grantee of FTZ 147, has concurred with the request. The application indicates a need for zone services in Lehigh and Northampton Counties, Pennsylvania. Several firms have indicated an interest in using zone procedures for warehousing/distribution activities for a variety of products. Specific manufacturing approvals are not being sought at this time. Requests would be made to the Board on a case-by-case basis. In accordance with the Board's regulations, a member of the FTZ staff has been designated examiner to investigate the application and report to the Board. As part of the investigation, the Commerce examiner will hold a public hearing on September 7, 2006 at 1:00 pm, in the Lincoln Room of the Best Western Lehigh Valley, 300 Gateway Drive, Bethlehem, PA 18107. Public comment on the application is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the following location: Foreign-Trade Zones Board, U.S. Department of Commerce, 1401 Constitution Ave., NW, Room 1115, Washington, DC 20230. The closing period for their receipt is September 26, 2006. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to [October 11, 2006]). A copy of the application and accompanying exhibits will be available for public inspection at the Office of Foreign-Trade Zones Board's Executive Secretary at the first address listed above, and at the office of the Lehigh Valley Economic Development Corporation, 2158 Avenue C, Suite 200, Bethlehem, Pennsylvania 18017. Dated: July 18, 2006. Andrew McGilvray, Acting Executive Secretary. [FR Doc. E6-12059 Filed 7-27-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board T-1-2006 Foreign-Trade Subzone 84C - La Porte, Texas, Temporary/Interim Manufacturing Authority, E.I. du Pont de Nemours and Company, Inc., (Crop Protection Products), Notice of Approval On March 24, 2006, the Executive Secretary of the Foreign-Trade Zones
(FTZ)Board filed an application submitted by E.I. du Pont de Nemours and Company, Inc. (Du Pont), operator of FTZ Subzone 84C, on behalf of the Port of Houston Authority, grantee of FTZ 84, requesting export-only temporary/interim manufacturing (T/IM) authority within Subzone 84C, at Du Pont's facilities located in La Porte, Texas. The application was processed in accordance with T/IM procedures, as authorized by FTZ Board Order 1347, including notice in the **Federal Register** inviting public comment (71 FR 16756-16757, 4/4/06). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval under T/IM procedures. Pursuant to the authority delegated to the FTZ Board Executive Secretary in Board Order 1347, the application was approved, effective June 6, 2006, until June 6, 2008, subject to the FTZ Act and the Board's regulations, including Section 400.28. Dated: July 18, 2006. Andrew McGilvray, Acting Executive Secretary. [FR Doc. E6-12061 Filed 7-27-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-588-837 Extension of Time Limits for Preliminary Results and Final Results of the Reconsideration of the Sunset Review for Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 28, 2006. FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone
(202)482-4136, or
(202)482-4929, respectively. SUPPLEMENTARY INFORMATION: Background On April 13, 2006, the Department of Commerce (the Department) initiated a reconsideration of the sunset review of the antidumping duty order on large newspaper printing presses and components thereof, whether assembled or unassembled (LNPP), from Japan. *See Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, From Japan: Reconsideration of Sunset Review* , 71 FR 19164 (April 13, 2006). On May 15, 2006, the Department received substantive responses from Goss International Corp., a domestic interested party, and from Mitsubishi Heavy Industries, Ltd. and Tokyo Kikai Seisakusho, Ltd., foreign producers and exporters of the subject merchandise, during the review period of September 4, 1996, through September 3, 2001. In the adequacy determination memorandum dated June 8, 2006, the Department stated that it would conduct a full review for this reconsideration of the sunset review, as provided for in section 751(c)(5)(A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218 (e)(2)(i). Extension of Time Limits In accordance with section 751(c)(5)(B) of the Act, the Department may extend the period of time for making its determination by not more than 90 days, if it determines that the review is extraordinarily complicated. The Department has determined, pursuant to section 751(c)(5)(C)(ii) of the Act, that the reconsideration of the sunset review of the antidumping duty order on LNPP from Japan is extraordinarily complicated due to the complex issues raised by parties to this proceeding. Therefore, the Department requires additional time to complete its analysis. The Department's preliminary results of the sunset review reconsideration of the antidumping duty order on LNPP are scheduled for August 1, 2006. However, the Department will extend the deadline in this proceeding for the above-stated reason. As a result, the Department intends to issue the preliminary results of the full sunset review reconsideration by October 30, 2006, and the final results of that review by March 9, 2007. These dates are 90 days from the original scheduled dates of the preliminary and final results of the sunset review reconsideration. This notice is issued in accordance with sections 751(c)(5)(B) and
(C)of the Act. Dated: July 24, 2006. Stephen J. Claeys, Deputy Assistant Secretary, for Import Administration. [FR Doc. E6-12119 Filed 7-27-06; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-533-813) Certain Preserved Mushrooms from India: Notice of Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 28, 2006. FOR FURTHER INFORMATION CONTACT: Terre Keaton or David J. Goldberger, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-1280 or
(202)482-4136, respectively. SUPPLEMENTARY INFORMATION: Background On February 1, 2006, the Department published in the **Federal Register** (70 FR 5239) a notice of “Opportunity To Request Administrative Review” of the antidumping duty order on certain preserved mushrooms from India for the period February 1, 2005, through January 31, 2006. On February 28, 2006, Agro Dutch Industries, Ltd. (Agro Dutch) requested an administrative review of its sales. On February 28, 2006, the petitioner 1 requested an administrative review of the antidumping duty order for the following companies: Agro Dutch and Himalya International, Ltd. (Himalya). On April 5, 2006, the Department published a notice of initiation of an administrative review of the antidumping duty order on certain preserved mushrooms from India with respect to these companies. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Reviews* , 71 FR 17077 (April 5, 2006). 1 The petitioner is the Coalition for Fair Preserved Mushroom Trade which includes: L.K. Bowman, Inc., Monterey Mushrooms, Inc., Mushroom Canning Company, and Sunny Dell Foods, Inc. On July 10, 2006, the petitioner withdrew its request for review of Himalya and requested that the Department under 19 CFR 351.213(d)(1) retroactively extend the July 5, 2006, deadline to July 19, 2006, in order to consider its withdrawal request. Partial Rescission of Review Section 351.213(d)(1) of the Department's regulations stipulates that the Secretary will rescind an administrative review, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review, unless the Secretary decides that it is reasonable to extend this time limit. In this case, the petitioner withdrew its request for review of Himalya past the 90-day deadline. However, for the reasons stated in the petitioner's July 10, 2006, letter, we have retroactively extended the deadline to withdraw the review request, and accepted the petitioner's withdrawal request. Because the petitioner was the only party to request the administrative review of Himalya, we are rescinding, in part, this review of the antidumping duty order on certain preserved mushrooms from India with respect to Himalya. This review will continue with respect to Agro Dutch. Assessment The Department will instruct U.S. Customs and Border Protection
(CBP)to assess antidumping duties on all appropriate entries. Antidumping duties for the rescinded company shall be assessed at a rate 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 this notice. This notice is published in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: July 24, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-12123 Filed 7-27-06; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-428-830 Stainless Steel Bar from Germany: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 3, 2006, the Department of Commerce (“the Department”) published its preliminary results of the administrative review of the antidumping duty order on stainless steel bar from Germany. The period of review is March 1, 2004, through February 28, 2005. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. Consequently, the final results differ from the preliminary results. The final weighted-average dumping margin is listed below in the section entitled “Final Results of the Review.” EFFECTIVE DATE: July 28, 2006. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Natalie Kempkey, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0182 or
(202)482-1698, respectively. SUPPLEMENTARY INFORMATION: Background Since the February 3, 2006, publication of the preliminary results in this review ( *see Stainless Steel Bar from Germany: Preliminary Results of Antidumping Duty Administrative Review* , 71 FR 5811 (February 3, 2006) (“ *Preliminary Results* ”)), the following events have occurred: We invited parties to comment on the *Preliminary Results* of the review. On March 6, 2006, the respondent BGH Edelstahl Freital GmbH, BGH Edelstahl Lippendorf GmbH, BGH Edelstahl Lugau GmbH, and BGH Edelstahl Siegen GmbH (collectively, “BGH”) filed a case brief and requested a hearing. On March 7, 2006, Carpenter Technology Corp., Crucible Specialty Metals Division of Crucible Materials Corp., and Electralloy Corp. (collectively, “Petitioners”) filed a case brief. At the Department's request, BGH removed certain information from its case brief and submitted a redacted case brief on April 6, 2006. BGH also filed its rebuttal brief on April 6, 2006. Petitioners filed their rebuttal brief on April 7, 2006. The Department met with BGH in lieu of a hearing to discuss BGH's concerns regarding this final determination. *See* “March 8, 2006 - Ex Parte Meeting with Counsel and Advisors for BGH Group, Inc.” from Natalie Kempkey, Analyst, dated May 8, 2005. Scope of the Order For the purposes of the order, the term “stainless steel bar” includes articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. Stainless steel bar includes cold-finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut length flat-rolled products ( *i.e.* , cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire ( *i.e.* , cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), angles, shapes and sections. The stainless steel bar subject to this review is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of the United States (“ *HTSUS* ”). Although the *HTSUS* subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Period of Review The period of review is March 1, 2004, through February 28, 2005. Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs filed by parties to this review are addressed in the “Issues and Decision Memorandum for 2004-2005 Administrative Review of Stainless Steel Bar from Germany” from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated July 17, 2006, (“Decision Memorandum”), which is hereby adopted by this notice. Attached to this notice as an appendix is a list of the issues that parties have raised and to which we have responded in the Decision Memorandum. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Department's Central Records Unit (“CRU”), located in Room B-099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Fair Value Comparisons To determine whether sales of stainless steel bar by BGH to the United States were made at less than normal value, we compared export price to normal value. Our calculations followed the methodologies described in the *Preliminary Results* , except as noted below and in the final results calculation memorandum cited below, which is on file in the CRU. Export Price • We have recalculated BGH's imputed U.S. credit expenses using a more appropriate U.S. dollar short-term interest rate. • We have included in our analysis transactions that entered the United States during the period of review, but were sold prior to the period of review. Normal Value • We have reclassified home market commissions reported by BGH to a certain commission agent as indirect selling expenses, and, consequently have recalculated BGH's indirect selling expense ratio. • We have included in our analysis additional home market sales to ensure an appropriate window period for the added U.S. sales. • We have discontinued the preliminary adjustment to BGH's cost of manufacturing under the Transactions Disregarded Rule (19 U.S.C. 1677b(f)(2)) with respect to affiliated scrap and alloy purchases • We recalculated certain allocable common G&A expenses by removing both the lease G&A expenses and the lease depreciation expenses from the company's total expenses. These changes are discussed in the Decision Memorandum and in the Final Results calculation memoranda. *See* “Final Results Calculation Memorandum for the BGH Group of Companies,” dated July 17, 2006; *see also* Memorandum from Joseph Welton, Accountant, to Neal Halper, Director, “Cost of Production and Constructed Value Calculation Adjustments for the Final Results- BGH Group,” dated July 17, 2006, which are on file in the CRU. Final Results of the Review We determine that the following percentage margin exists for the period March 1, 2004, through February 28, 2005: Exporter/manufacturer Weighted-average margin percentage BGH 0.62 Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have calculated exporter/importer (or customer)-specific assessment rates for merchandise subject to this review. To determine whether the duty assessment rates were *de minimis* , in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-specific *ad valorem* rates by aggregating the dumping margins calculated for all U.S. sales to that importer (or customer) and dividing this amount by the total value of the sales to that importer (or customer). The Department clarified its “automatic assessment” regulation on May 6, 2003, (68 FR 23954). This clarification will apply to entries of subject merchandise during the period of review produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company involved in the transaction. For a full discussion of this clarification, see *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. Cash Deposit Rates The following antidumping duty deposits will be required on all shipments of stainless steel bar from Germany entered, or withdrawn from warehouse, for consumption, effective on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act:
(1)the cash deposit rate for the reviewed company will be the rate listed above (except no cash deposit will be required if a company's weighted-average margin is *de minimis* , *i.e.* , less than 0.5 percent);
(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, the previous review, or the original 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)if neither the exporter nor the manufacturer is a firm covered in this or any previous reviews, the cash deposit rate will be 16.96 percent, the “all others” rate established in *Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from Germany* , 67 FR 3159 (January 23, 2002) and *Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Bar from Germany* , 67 FR 10382 (March 7, 2002). These cash deposit requirements shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 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 Order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 17, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX I List of Comments in the Issues and Decision Memorandum *Comment 1:* The Department Should Assign Total Adverse Facts Available to BGH's Sales Information *Comment 2:* The Department Should Assign Total Adverse Facts Available to BGH's Cost Information *Comment 3:* BGH Mislead the Department Regarding Its Home Market Sales to BGH SL-Stahl GmbH *Comment 4:* BGH Withheld Information Regarding Its Claimed Levels of Trade *Comment 5:* BGH Incorrectly Claimed Home Market Commissions for Certain Sales *Comment 6:* BGH Incorrectly Claimed Home Market Rebates on Certain Sales *Comment 7:* The Department Should Reject BGH's Claim for Home Market Inland Freight Because BGH's Claim is for Non-Qualifying Expenses *Comment 8:* BGH has Improperly Reported Its Home Market Warranty Expenses *Comment 9:* BGH Improperly Classified Certain U.S. Sales as Export Price Sales, when Those Sales are Constructed Export Price Sales *Comment 10:* BGH Has Understated its U.S. Credit Expenses *Comment 11:* Affiliated Purchases of Scrap and Alloy Inputs *Comment 12:* BOB's Common G&A Expenses *Comment 13:* Company-Specific G&A Expense Ratios *Comment 14:* The Department Erred in Rejecting Certain Portions of BGH's Case Brief [FR Doc. E6-12057 Filed 7-27-06; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-428-830 Stainless Steel Bar from Germany: Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 28, 2006. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Damian Felton, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0182 or
(202)482-0133, respectively. SUPPLEMENTARY INFORMATION: Background On March 7, 2002, the Department of Commerce (“the Department”) published an antidumping duty order on stainless steel bar from Germany. *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Bar from Germany* , 67 FR 10382 (March 7, 2002). On October 10, 2003, the Department published an amended antidumping duty order on stainless steel bar from Germany. *See Notice of Amended Antidumping Duty Orders: Stainless Steel Bar from France, Germany, Italy, Korea, and the United Kingdom* , 68 FR 58660 (October 10, 2003). On March 2, 2006, the Department published its *Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review* , 71 FR 10642 (March 2, 2006). In response to a request made on March 29, 2006, by BGH Edelstahl Freital GmbH, BGH Edelstahl Lippendorf GmbH, BGH Edelstahl Lugau GmbH, and BGH Edelstahl Siegen GmbH (collectively, “BGH”), the Department initiated an administrative review of the antidumping duty order on stainless steel bar from Germany, covering the period March 1, 2005, through February 28, 2006. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 25145 (April 28, 2006). On May 23, 2006, BGH withdrew its request for review. As a result of a timely withdrawal of the request for review by BGH, and because no other parties requested a review, we are rescinding this administrative review. Scope of the Order For the purposes of this order, the term “stainless steel bar” includes articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. Stainless steel bar includes cold-finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut length flat-rolled products ( *i.e.* , cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire ( *i.e.* , cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. The stainless steel bar subject to this review is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the *Harmonized Tariff Schedule of the United States* (“HTSUS”). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Rescission of Review The Department's regulations at 351.213(d)(1) provide that the Department will rescind an administrative review, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. BGH withdrew its request for an administrative review on May 23, 2006, which is within the 90-day deadline, and no other party requested a review with respect to this company, or any other company. Therefore, the Department is rescinding this administrative review. This notice is issued and published in accordance with sections 771(i) and 751(a)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: July 21, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-12062 Filed 7-27-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-489-807) Certain Steel Concrete Reinforcing Bars from Turkey; Notice of Extension of Time Limits for Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 28, 2006. FOR FURTHER INFORMATION CONTACT: Irina Itkin or Alice Gibbons, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202)482-0656 and
(202)482-0498, respectively. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (the Department) published an antidumping duty order on certain steel concrete reinforcing bars (rebar) from Turkey on April 17, 1997. ( *See Antidumpting Duty Order: Certain Steel Concrete Reinforcing Bars From Turkey* , 62 FR 18748). On May 27, 2005, the Department published a notice of initiation of an administrative review of the order on rebar from Turkey for the period April 1, 2004, through March 31, 2005. *See* 70 FR 30694. This review covers the following 15 producers/exporters: Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret; Diler Demir Celik Endustrisi ve Ticaret A.S., Yazici Demir Celik Sanayi ve Turizm Ticaret A.S., and Diler Dis Ticaret A.S.; Ege Metal Demir Celik Sanayi ve Ticaret A.S.; Ekinciler Demir ve Celik Sanayi A.S. and Ekinciler Dis Ticaret A.S.; Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.; Ilhanlar Rolling and Textile Industries, Ltd., Sti. and Ilhanlar Group; Intermet A.S.; Iskenderun Iron & Steel Works Co.; Koc Dis Ticaret A.S.; Kroman Celik Sanayi A.S.; Nurmet Celik Sanayi ve Ticaret A.S.; Nursan Celik Sanayi ve Haddecilik A.S.; Sozer Steel Works; Ucel Haddecilik Sanayi ve Ticaret A.S.; and the Yolbulan Group (Yolbulanlar Nak. ve Ticaret A.S., Yolbulan Metal Sanayi ve Ticaret A.S. and Yolbulan Dis Ticaret Ltd. Sti.). On May 5, 2006, the Department published the preliminary results of the administrative review of the antidumping duty order on rebar from Turkey. *See Certain Steel Concrete Reinforcing Bars from Turkey; Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review* , 71 FR 26455 (May 5, 2006). The final results are currently due no later than September 5, 2006, the next business day after 120 days from publication of the preliminary results. Extension of the Time Limit for Final Results of Administrative Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) requires the Department to make a final determination in an administrative review within 120 days after the date on which the preliminary determination is published. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results to 180 days (or 300 days if the Department does not extend the time limit for the preliminary results) from the date of publication of the preliminary results. In accordance with section 751(a)(3)(A) of the Act, and 19 CFR 351.213(h)(2), the Department finds that it is not practicable to complete the review within the original time frame because analysis of the issues presented in the case briefs, including issues related to the treatment of one company which did not respond to the Department's questionnaire, requires additional time. Because it is not practicable to complete this administrative review within the time limit mandated by section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), the Department is fully extending the time limit for completion of the final results of this administrative review to 180 days, until November 1, 2006. This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. Dated: July 21, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-12063 Filed 7-27-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (C-428-829); (C-421-809); (C-412-821) Rescission of Countervailing Duty Administrative Reviews: Low Enriched Uranium from Germany, the Netherlands, and the United Kingdom AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 5, 2006, the Department of Commerce (the Department) initiated administrative reviews of the countervailing duty
(CVD)orders on low enriched uranium
(LEU)from Germany, the Netherlands, and the United Kingdom
(UK)for the period January 1, 2005, through December 31, 2005. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Reviews* , 71 FR 17077 (April 5, 2006) ( *Initiation Notice* ). The Department is now rescinding the administrative reviews for the 2005 period of review
(POR)because these CVD orders have been revoked subsequent to the initiation of these reviews. *See Low Enriched Uranium from Germany, the Netherlands, and the United Kingdom: Final Results of Countervailing Duty Administrative Reviews and Revocation of Countervailing Duty Orders* , 71 FR 38626 (July 7, 2006) ( *Revocation Notice* ). EFFECTIVE DATE: July 28, 2006. FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4012, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-2849. SUPPLEMENTARY INFORMATION: Background On February 1, 2006, the Department published a notice of opportunity to request an administrative review of these CVD orders. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review* , 71 FR 5239 (February 1, 2006). On February 27, 2006, we received a timely request for review of Urenco Deutschland GmbH of Germany, Urenco Nederland B.V. of the Netherlands, Urenco (Capenhurst) Limited of the UK, Urenco Ltd., Urenco Inc., and Urenco Enrichment Company Ltd. (collectively, the Urenco Group), the producers and exporters of the subject merchandise, from the United States Enrichment Corporation
(USEC)and USEC Inc. On February 28, 2006, we received timely requests for review from the Urenco Group. On April 5, 2006, the Department initiated administrative reviews of the CVD orders on LEU from Germany, the Netherlands, and the UK for the POR January 1, 2005, through December 31, 2005 with respect to Urenco. *See Initiation Notice* . Scope of the Orders The product covered by these orders is LEU. LEU is enriched uranium hexafluoride (UF 6 ) with a U 235 product assay of less than 20 percent that has not been converted into another chemical form, such as UO 2 , or fabricated into nuclear fuel assemblies, regardless of the means by which the LEU is produced (including LEU produced through the down-blending of highly enriched uranium). Certain merchandise is outside the scope of these orders. Specifically, these orders do not cover enriched uranium hexafluoride with a U 235 assay of 20 percent or greater, also known as highly enriched uranium. In addition, fabricated LEU is not covered by the scope of these orders. For purposes of these orders, fabricated uranium is defined as enriched uranium dioxide (UO 2 ), whether or not contained in nuclear fuel rods or assemblies. Natural uranium concentrates (U 3 O 8 ) with a U 235 concentration of no greater than 0.711 percent and natural uranium concentrates converted into uranium hexafluoride with a U 235 concentration of no greater than 0.711 percent are not covered by the scope of these orders. Also excluded from these orders is LEU owned by a foreign utility end-user and imported into the United States by or for such end-user solely for purposes of conversion by a U.S. fabricator into uranium dioxide (UO 2 ) and/or fabrication into fuel assemblies so long as the uranium dioxide and/or fuel assemblies deemed to incorporate such imported LEU
(i)remain in the possession and control of the U.S. fabricator, the foreign end-user, or their designed transporter(s) while in U.S. customs territory, and
(ii)are re-exported within eighteen
(18)months of entry of the LEU for consumption by the end-user in a nuclear reactor outside the United States. Such entries must be accompanied by the certifications of the importer and end-user. The merchandise subject to these orders is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2844.20.0020. Subject merchandise may also enter under 2844.20.0030, 2844.20.0050, and 2844.40.00. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Rescission of Countervailing Duty Administrative Reviews On July 7, 2006, the Department revoked the CVD orders on LEU from Germany, the Netherlands, and the UK. *See Revocation Notice* . Since the Department revoked the orders effective January 1, 2005, there is no basis for continuing the administrative reviews of these orders for the 2005 POR. Therefore, the Department hereby rescinds these administrative reviews of the CVD orders on LEU from Germany, the Netherlands, and the UK for the POR January 1, 2005, through December 31, 2005. Instructions to U.S. Customs and Border Protection Pursuant to sections 751(d)(2) and 751(d)(3) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.222, the Department has instructed U.S. Customs and Border Protection
(CBP)to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, all unliquidated entries of LEU from Germany, the Netherlands, and the UK, entered, or withdrawn from warehouse, for consumption on or after January 1, 2005, the effective date of the revocation of the orders. The Department has further instructed CBP to refund with interest any estimated duties collected with respect to unliquidated entries of LEU from Germany, the Netherlands, and the UK entered, or withdrawn from warehouse, for consumption on or after January 1, 2005, in accordance with section 778 of the Act. 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, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of 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. This notice is issued and published in accordance with section 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: July 21, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-12122 Filed 7-28-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review ACTION: Notice of Revocation of Export Trade Certificate of Review; Application No. 92-00012. SUMMARY: The Secretary of Commerce issued an Export Trade Certificate of Review to Balmac International Inc. on December 29, 1992. Because this Certificate Holder has failed to file an annual report as required by law, the Secretary is revoking the certificate. This notice summarizes the notification letter sent to Balmac International Inc. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, 202/482-5131. This is not a Toll-free number. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (“The Act”) (Pub. L. 97-290, 15 U.S.C. 4011-21) Authorizes the Secretary of Commerce to Issue Export Trade Certificates of Review. The Regulations Implementing Title III (“the Regulations”) are found at 15 CFR part 325 (1999). Pursuant to this Authority, a Certificate of Review was issued on December 29, 1992 to Balmac International Inc. A Certificate Holder is required by law to submit to the Secretary of Commerce Annual Reports that update financial and other information relating to business activities covered by its Certificate (Section 308 of the Act, 15 U.S.C. 4018, Section 325.14(a) of the Regulations, 15 CFR 325.14(a)). The Annual Report is due within 45 days after the Anniversary Date of the Issuance of the Certificate of Review (Sections 325.14(b) of the Regulations, 15 CFR 325.14(b)). Failure to submit a complete Annual Report may be the Basis for Revocation (Sections 325.10(a) and 325.14(c) of the Regulations, 15 CFR 325.10(a)(3) and 325.14(c)). On April 8, 2004, the Secretary of Commerce sent to Balmac International Inc. a letter containing Annual Report questions stating that its annual report was due on May 31, 2004. A reminder was sent on November 8, 2005 with a due date of December 23, 2005. The Secretary has received no written response from Balmac International Inc. to any of these letters. On March 24, 2006, and in accordance with Section 325.10(c)(1) of the Regulations, (15 CFR 325.10(c)(1)), the Secretary of Commerce sent a letter by Certified Mail to notify Balmac International Inc. that the Secretary was formally initiating the process to revoke its Certificate for failure to file an annual report. The Secretary received notification that the letter was received by Balmac International Inc. on April 3, 2006. Pursuant to Section 325.10(c)(2) of the Regulations (15 CFR 325.10(c)(2)), the Secretary considers the failure of Balmac International Inc., to respond to be an admission of the statements contained in the notification letter. The Secretary has determined to revoke the Certificate issued to Balmac International Inc. for its failure to file an annual report. The Secretary has sent a letter, dated July 21, 2006, to notify the Balmac International Inc. of its final determination. The Revocation is effective thirty
(30)days from the date of publication of this notice (325.10(©))(4) of the Regulations, 15 CFR 325.10(©))). Any person aggrieved by this decision may appeal to an appropriate U.S. District Court within 30 days from the date of publication of this notice in the **Federal Register** “(325.11 of the Regulations, 15 CFR 325.11).” Dated: July 19, 2006. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E6-12096 Filed 7-27-06; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 28, 2006. SUMMARY: The Department of Commerce (the Department) hereby publishes a list of scope rulings completed between April 1, 2006, and June 30, 2006. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2006. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Alice Gibbons, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0498. SUPPLEMENTARY INFORMATION: Background The Department's regulations provide that the Secretary will publish in the **Federal Register** a list of scope rulings on a quarterly basis. *See* 19 CFR 351.225(o). Our most recent “Notice of Scope Rulings” was published on May 3, 2006. *See* 71 FR 26050. The instant notice covers all scope rulings and anticircumvention determinations completed by Import Administration between April 1, 2006, and June 30, 2006, inclusive. It also lists any scope or anticircumvention inquiries pending as of June 30, 2006, as well as scope rulings inadvertently omitted from prior published lists. As described below, subsequent lists will follow after the close of each calendar quarter. Scope Rulings Completed Between April 1, 2006 and June 30, 2006: Canada A-122-838, C-122-839: Certain Softwood Lumber Products from Canada Requestor: Montana Reclaimed Lumber Co.; antique softwood lumber reclaimed from demolition projects is within the scope of the orders; May 2, 2006. People's Republic of China A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Yasmina Fashion Corp.; its large and small “Lazer Snowman” candles are not included within the scope of the antidumping duty order; June 29, 2006. A-570-868: Folding Metal Tables and Chairs from the People's Republic of China Requestor: Mac Industries (Shanghai) Co., Ltd., Jiaxing Yinmao International Treading Co., Ltd., and Fujian Zenithen Consumer Products Co., Ltd.; their “moon chair” is not included within the scope of the antidumping duty order; May 1, 2006. A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China Requestor: Consolidated Packaging LLP; 35 of its 58 plastic bags are not included within the scope of the antidumping duty order; June 5, 2006. A-570-891: Hand Trucks and Certain Parts Thereof from the People's Republic of China Requestor: Gleason Industrial Products, Inc. and Precision Products, Inc.; the “Black and Decker Workmate 525” and “Black and Decker Workmate 500” are included within the scope of the antidumping duty order; June 15, 2006. Anticircumvention Determinations Completed Between April 1, 2006 and June 30, 2006: Socialist Republic of Vietnam A-552-801: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam Requestor: Catfish Farmers of America and certain individual U.S. catfish processors; imports of frozen fish fillets produced by Lian Heng Trading Co. Ltd. and Lian Heng Investment Co. Ltd. (collectively, “Lian Heng”), are circumventing the antidumping duty order on frozen fish fillets from the Socialist Republic of Vietnam, as provided in section 781(b) of the Act, and frozen fish fillets produced by Lian Heng are within the scope of the antidumping duty order on frozen fish fillets from the Socialist Republic of Vietnam; June 30, 2006. Scope Inquiries Terminated Between April 1, 2006 and June 30, 2006: Socialist Republic of Vietnam A-552-801: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam Requestor: Piazza Seafood World LLC; whether certain basa and tra fillets from Cambodia which are a product of Vietnam are included within the antidumping duty order; rescinded June 30, 2006. Scope Inquiries Pending as of June 30, 2006: Italy A-475-059: Pressure Sensitive Plastic Tape from Italy Requestor: Ritrama, Inc.; whether certain varieties of plastic tape are within the scope of the antidumping duty order; requested December 13, 2005; initiated January 30, 2006. People's Republic of China A-570-502: Iron Construction Castings from the People's Republic of China Requestor: Unisource International, Inc.; whether certain frames and grates are within the scope of the antidumping duty order; requested May 11, 2006. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Atico International, Inc.; whether its “Christmas Stocking Tealight,” “Halloween Witch Shoe,” “Halloween Novelty Ghost,” “Halloween Novelty Tombstone,” “Halloween Bloody Skull,” “Halloween Novelty JOL,” “Halloween Novelty Pumpkin,” “Halloween Novelty Frankenstein,” and “Santas Boot” candles are within the scope of the antidumping duty order; requested April 27, 2006. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Freight Expediters; whether its “Small Artichoke” and “Large Artichoke,” “Small Pinecone” and “Large Pinecone,” “Cabbage” and “Radishes” candles are within the scope of the antidumping duty order; requested May 17, 2006. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Kohl's Department Stores; whether its “Santa Head” candle, Style No. L50050, is within the scope of the order; requested June 30, 2006. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: Kohl's Department Stores; whether its “Berry Ball Candle,” Style No. X5478, is within the scope of the order; requested June 30, 2006. A-570-803: Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, from the People's Republic of China Requestor: Central Purchasing, LLC; whether its gooseneck claw wrecking bar is within the scope of the bars and wedges antidumping duty order; requested March 13, 2006. A-570-832: Pure Magnesium from the People's Republic of China Requestor: U.S. Magnesium LLC; whether pure and alloy magnesium processed in Canada, France, or any third country and exported to the United States using pure magnesium ingots originally produced in the PRC is within the scope of the antidumping duty order; requested July 19, 2005; initiated September 2, 2005. A-570-864: Granular Pure Magnesium from the People's Republic of China Requestor: ESM Group Inc.; whether atomized magnesium produced in the PRC from pure magnesium manufactured in the United States is within the scope of the antidumping duty order; requested April 11, 2006. A-570-878: Saccharin from the People's Republic of China Requestor: PMC Specialities Group, Inc.; whether certain saccharin products originating in the PRC and further-processed in Israel are within the scope of the antidumping duty order; requested August 12, 2005; initiated October 26, 2005. A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China Requestor: Consolidated Packaging LLP; whether 23 of its 58 plastic bags are within the scope of the antidumping duty order; requested August 19, 2006; initiated June 5, 2006. A-570-890: Wooden Bedroom Furniture from the People's Republic of China Requestor: Dorel Asia; whether infant
(baby)changing tables and toddler beds are within the scope of the antidumping duty order; requested February 15, 2005; initiated November 14, 2005. A-570-890: Wooden Bedroom Furniture from the People's Republic of China Requestor: Tuohy Furniture Corporation; whether certain storage towers, headboards, wainscoting, wood panels, a TV stand, bedside tables, and coffee tables are within the scope of the antidumping duty order; requested April 5, 2006. A-570-890: Wooden Bedroom Furniture from the People's Republic of China Requestor: Maersk Customs Services, Inc.; whether a vanity mirror and a vanity are within the scope of the antidumping duty order; requested April 19, 2006. A-570-890: Wooden Bedroom Furniture from the People's Republic of China Requestor: American Signature Incorporated; whether its mirrored chests, leather bed, and micro-fiber bed are within the scope of the antidumping duty order; requested June 5, 2006. A-570-896: Magnesium Metal from the People's Republic of China Requestor: U.S. Magnesium LLC; whether pure and alloy magnesium processed in Canada, France, or any third country, and exported to the United States using pure magnesium ingots originally produced in the PRC, is within the scope of the antidumping duty order; requested July 19, 2005; initiated September 2, 2005. Anticircumvention Inquiries Pending as of June 30, 2006: People's Republic of China A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: National Candle Association; whether imports of palm and vegetable-based wax candles from the PRC can be considered later-developed merchandise which is now circumventing the antidumping duty order; requested October 8, 2004; initiated February 25, 2005. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: National Candle Association; whether imports of palm and vegetable-based wax candles from the PRC can be considered a minor alteration to the subject merchandise for purposes of circumventing the antidumping duty order; requested October 12, 2004; initiated February 25, 2005. A-570-504: Petroleum Wax Candles from the People's Republic of China Requestor: National Candle Association; whether imports of candles from the PRC without wicks, into which wicks are then inserted after importation, can be considered “merchandise completed or assembled in the United States” and are circumventing the antidumping duty order; requested December 14, 2005; initiated May 11, 2006. A-570-868: Folding Metal Tables and Chairs from the People's Republic of China Requestor: Meco Corporation; whether adding a cross-brace to folding metal tables from the PRC to join two legs into pairs can be considered minor alterations to merchandise, which is now circumventing the antidumping duty order (the scope defines the legs of folding metal tables as “legs that mechanically fold independently of one another”); requested October 31, 2005; initiated June 1, 2006. Scope Rulings Inadvertently Omitted from Prior Published Lists: None. Interested parties are invited to comment on the completeness of this list of pending scope and anticircumvention inquiries. Any comments should be submitted to the Deputy Assistant Secretary for AD/CVD Operations, Import Administration, International Trade Administration, 14th Street and Constitution Avenue, NW., Room 1870, Washington, DC 20230. This notice is published in accordance with 19 CFR 351.225(o). Dated: July 24, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-12120 Filed 7-27-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 062006A] Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Proposed Permit AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of proposal for issuance of permit; request for comments. SUMMARY: NMFS proposes to issue a permit for a period of three years, to authorize the incidental, but not intentional, taking of three stocks of threatened or endangered marine mammals by the California/Oregon (CA/OR) drift gillnet large mesh (≥ 14 inch mesh) ( DGN) fishery. NMFS must issue this permit provided that we can make the determinations that: the incidental take will have a negligible impact on the affected marine mammal stocks; a recovery plan for all affected stocks of threatened or endangered marine mammals has been developed or is being developed; and as required by the MMPA, a take reduction plan and monitoring program have been implemented and vessels in the CA/OR DGN fishery are registered. NMFS solicits public comments on the negligible impact determination and on the proposal to issue a permit to this fishery for the taking of affected threatened or endangered stocks of marine mammals. DATES: Comments must be received by August 28, 2006. ADDRESSES: A draft of the negligible impact determination is available on the Internet at the following addresses: *http://swr.nmfs.noaa.gov/* . Written copies of the determination may be requested from, and comments on the determination and proposed permit should be sent to: Monica DeAngelis, Protected Resources Division, NMFS, Southwest Region, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. Comments may also be sent by e-mail to: *MMPA.permit-SWR@noaa.gov* or by fax to
(301)427-2582. The recovery plan for humpback whales is available on the Internet at the following address: *http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals* . The draft recovery plans for fin and sperm whales are available on the Internet at the following address: *http://www.nmfs.noaa.gov/pr/* . (See “Recent News and Hot Topics”.) Regulations implementing the Pacific Offshore Cetacean Take Reduction Plan (POCTRP) are available on the Internet at the following address: *http://www.nmfs.noaa.gov/pr/interactions/trt/teams.htm* . FOR FURTHER INFORMATION CONTACT: Monica DeAngelis, NMFS, Southwest Region Protected Resources Division (SWR PRD),
(562)980-3232 or Christina Fahy, NMFS, SWR PRD,
(562)980-4023. SUPPLEMENTARY INFORMATION: Background Section 101(a)(5)(E) of the Marine Mammal Protection Act
(MMPA)(16 U.S.C. 1371(a)(5)(E)) requires NMFS to authorize the incidental taking of individuals from marine mammal stocks listed as threatened or endangered under the Endangered Species Act (ESA), as amended (16 U.S.C. 1531 *et seq.* ) in the course of commercial fishing operations if NMFS determines that:
(1)Incidental mortality and serious injury will have a negligible impact on the affected species or stock;
(2)a recovery plan has been developed or is being developed for such species or stock under the ESA; and
(3)where required under section 118 of the MMPA, a monitoring program has been established, vessels engaged in such fisheries are registered in accordance with section 118 of the MMPA, and a take reduction plan has been developed or is being developed for such species or stock. On August 31, 1995 (60 FR 45399), NMFS issued permits for fisheries meeting the conditions under section 101(a)(5)(E) of the MMPA. At that time, NMFS did not issue a permit to the CA/OR DGN fishery for the CA/OR/WA-Mexico humpback whale stock or the CA/OR/WA sperm whale stock because NMFS was unable to determine that the estimated mortality and serious injury incidental to commercial fishing operations was negligible. In addition, in 1995, NMFS did not consider issuing a permit for the incidental mortality and serious injury of the CA/OR/WA fin whale stock because there had been no reported incidental takes at that time, and NMFS had no reason to anticipate any such takes. However, NMFS did determine that the mortality and serious injury incidental to commercial fishing operations was negligible for the eastern Steller sea lion stock and issued a permit for that stock. On December 30, 1998 (63 FR 71894), NMFS extended the permit until June 30, 1999. At that time, NMFS announced that it was reviewing the criteria for issuance of permits and evaluating whether the criteria were adequate or if changes should be made. No comments were received. On May 27, 1999 (64 FR 28800), NMFS proposed the issuance of permits for those fisheries that have negligible impacts on marine mammal stocks listed as threatened or endangered under the ESA for a period of 3 years. In addition, that document provided further guidance about the process for determining negligible impact. A permit for the mortality and serious injury of the Steller sea lion incidental to the CA/OR DGN fishery was also proposed. NMFS did not finalize the proposed permits. Since 1995, NMFS has gathered additional data on the status of listed marine mammals. Based on the more recent survey data and analyses, the Stock Assessment Reports
(SARs)contain revised estimates of Potential Biological Removal
(PBR)levels. PBR is defined in the MMPA as “the maximum number of animals, not including natural mortalities, that may be removed from a stock while allowing that stock to reach or maintain its optimum sustainable population” (16 U.S.C. 1362 (20)). Also, since 1995, NMFS has developed and implemented the POCTRP (62 FR 51805, October 30, 1997) for the CA/OR DGN fishery. The initial goal of a take reduction plan is to reduce marine mammal bycatch in the fishery to levels below PBR for all stocks. Since the implementation of the POCTRP, overall cetacean mortality in this fishery has been reduced considerably. In 2000, NMFS conducted a negligible impact determination and issued an authorization under MMPA section 101(a)(5)(E) for the CA/OR DGN fishery to incidentally take from four stocks of threatened or endangered marine mammals; the humpback whale, sperm whale, fin whale, and Steller sea lion. This authorization was finalized on October 30, 2000 (65 FR 64670) and was effective for three years, expiring in October 2003. NMFS is now considering the issuance of a permit under MMPA section 101(a)(5)(E) to vessels registered in the CA/OR DGN fishery to incidentally take from three stocks of threatened or endangered marine mammals: the CA/OR/WA stock of fin whales ( *Balaenoptera physalus* ), the Eastern North Pacific stock of humpback whales ( *Megaptera novaeangliae* ), and the CA/OR/WA stock of sperm whales ( *Physeter macrocephalus* ). The data for considering an authorization were reviewed coincident with and following implementation of a Fishery Management Plan
(FMP)for U.S. West Coast Fisheries for Highly Migratory Species (HMS), publication of the 2005 List of Fisheries
(LOF)(71 FR 247, January 4, 2006), and the 2005 SAR (Carretta et al. 2006). The CA/OR DGN fishery is the only fishery on the 2005 list of Category I and II fisheries that operates in the ranges of the affected stocks and has been observed to interact with endangered or threatened marine mammals other than Steller sea lions. The basis for authorizing the take of Steller sea lions incidental to commercial fishing will be considered in a future document. Under Federal regulations, the CA/OR DGN fishery is restricted to waters outside 200 nautical miles
(nm)from February 1 through April 30, outside 75 nm from May 1 through August 14, and is allowed to fish inside 75 nm from August 15 though January 31. Other closures can be found at 50 CFR 660.713. In 2001, a seasonal (15 August to 15 November) area closure was implemented in the DGN fishery north of Point Conception to protect leatherback turtles that feed in the area and have been observed entangled in previous fishing seasons. In addition, fishing effort east of the 120° W. longitude off the coast of southern CA would be prohibited during a forecasted, or occurring, El Nino event from June 1 through August 31, in order to reduce the likelihood of an interaction with loggerhead turtles (68 FR 69962, December 16, 2003). Basis for Determining Negligible Impact Section 101(a)(5)(E) of the MMPA requires the authorization of the incidental taking of individuals from marine mammal stocks listed as threatened or endangered under the ESA in the course of commercial fishing operations if NMFS determines, among other things, that incidental mortality and serious injury will have a negligible impact on the affected species or stock. “Negligible impact,” as defined in 50 CFR 216.103 and as it applies here is, “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.” In 1990 as required by the MMPA, the Marine Mammal Commission
(MMC)submitted guidelines to NMFS to govern the incidental taking of marine mammals during the course of commercial fishing operations. In those guidelines, the MMC recommended NMFS determine negligible impact if the mortality and serious injury incidental to commercial fishing operations would cause no more than a 10 percent increase in the time to recovery. The MMC's recommendation was a quantified approach to assessing negligible impact; however, it did not identify what limit on mortality and serious injury would delay a stock's recovery by not more than 10 percent. NMFS investigated such a limit of annual mortality and serious injury while implementing the MMPA Amendments of 1994. NMFS included the MMC's recommendation when preparing guidelines for the initial marine mammals stock assessment reports and determined that 90 percent of net annual production of endangered stocks of marine mammals should be reserved for recovery, which would increase recovery time of endangered stocks by no more than 10 percent. Accordingly, a default recovery factor of 0.1 was used in the PBR equation for endangered stocks of marine mammals (Barlow *et al.* , 1995). Thus, when human-caused mortality and serious injury of these stocks was limited to no more than the stock's PBR, such mortality and serious injury would cause no more than a 10-percent delay in the recovery of the stock. On August 31, 1995 (60 FR 45399), NMFS issued permits for fisheries meeting the conditions under section 101(a)(5)(E) of the MMPA. As a starting point for making determinations, NMFS announced it would consider a total annual serious injury and mortality of not more than 10 percent of a threatened or endangered marine mammal's PBR level to be negligible. NMFS also announced that such a criterion would not be the only factor in evaluating whether a particular level of take would be considered negligible and that such factors as population trend and reliability of abundance and mortality estimates should also be considered. Consistent with the provisions of section 101(a)(5)(E)(ii) of the MMPA, NMFS determined that permits were not required for Category III fisheries, which are not required to register under section 118 of the MMPA. The only requirement for Category III fisheries is that any serious injury or mortality be reported, provided that mortality and serious injury incidental to commercial fisheries would have a negligible impact on the affected threatened or endangered stocks of marine mammals. On December 30, 1998 (63 FR 71894), NMFS extended the permits until June 30, 1999. At that time, NMFS announced that it was reviewing the criteria for issuance of permits and requested public comments on whether the criteria were adequate or whether changes should be made. No comments were received. On May 27, 1999 (64 FR 28800), NMFS proposed issuing authorization for those fisheries that had negligible impacts on marine mammal stocks listed as threatened and endangered under the ESA, for a period of 3 years. Based on new information, NMFS did not finalize the proposed permits. However, the notice included the adoption by NMFS of new criteria for making a negligible impact determination under section 101(a)(5)(E), based on internal review: 1. The threshold for initial determination will remain at 0.1 PBR. If total human-related serious injuries and mortalities are less than 0.1 PBR, all fisheries may be permitted; 2. If total human-related serious injuries and mortalities are greater than PBR, and fisheries-related mortality is less than 0.1 PBR, individual fisheries may be permitted if management measures are being taken to address non-fisheries-related serious injuries and mortalities. When fisheries-related serious injury and mortality is less than 10 percent of the total, the appropriate management action is to address components that account for the major portion of the total; 3. If total fisheries-related serious injuries and mortalities are greater than 0.1 PBR and less than PBR and the population is stable or increasing, fisheries may be permitted subject to individual review and certainty of data. Although the PBR level has been set up as a conservative standard that will allow recovery of a stock, there are reasons for individually reviewing fisheries if serious injuries and mortalities are above the threshold level. First, increases in permitted serious injuries and mortalities should be carefully considered. Second, as serious injuries and mortalities approach the PBR level, uncertainties in elements such as population size, reproductive rates, and fisheries-related mortalities become more important; 4. If the population abundance of a stock is declining, the threshold level of 0.1 PBR will continue to be used. If a population is declining despite limitations on human-related serious injuries and mortalities below the PBR level, a more conservative criterion is warranted; or 5. If total fisheries related serious injuries and mortalities are greater than PBR, permits may not be issued. In applying these criteria, criterion 1 is the starting point for analyses. If this criterion is satisfied, the analysis would be concluded. The remaining criteria describe alternatives under certain conditions, such as fishery mortality below the negligible threshold but other human-caused mortality above the threshold, or fishery and other human-caused mortality between the negligible threshold and PBR for a stock that is increasing or stable. If criterion 1 is not satisfied, NMFS may use one of the other criteria, as appropriate. On October 30, 2000 (65 FR 64670), NMFS conducted a negligible impact determination and issued an authorization under MMPA section 101(a)(5)(E) for the CA/OR DGN fishery to incidentally take four stocks of threatened or endangered marine mammals: humpback whales, sperm whales, fin whales, and Steller sea lions. To make this determination, NMFS used the criterion for stable or increasing stocks of threatened or endangered marine mammals and issued the authorization. The negligible impact determination concluded that the estimated mortality and serious injury caused by the CA/OR DGN fishery would cause no more than a 10 percent increase in the time to recovery for each of the four stocks of marine mammals; thus, takes below this level were considered negligible. Negligible Impact Determination NMFS evaluated the best available information for species listed as threatened or endangered under the ESA that interact with the CA/OR DGN fishery (using observer data from 1998 (post-POCTRP implementation) through 2005), other fisheries (using primarily stranding and sighting data from 1998-2005), and other sources of human-caused serious injury and mortality, and has determined, on a stock-by-stock basis, whether the incidental mortality and serious injury from all commercial fisheries is having a negligible impact on such stocks. Based on this assessment (see criteria used and assessment below), NMFS concludes that the estimated mortality and serious injury caused by the CA/OR DGN fishery would have a negligible impact on each of the three stocks of marine mammals addressed by this permit. Those stocks for which negligible impact findings were made were then reviewed to confirm that: 1) a recovery plan has been developed or is being developed for each of these species, as listed, and 2) where required under section 118, a monitoring program has been established, vessels engaged in such fisheries are registered, and a take reduction plan has been or is being developed. NMFS has confirmed that all of these requirements are currently being met. For the following stocks with documented evidence of fishery-related interactions, NMFS has determined that the mortality and serious injury incidental to the CA/OR DGN fishery, which includes the proposed EFP, will have a negligible impact and proposes to issue a permit for incidental takes of the following stocks of endangered marine mammals: 1. Fin whale, CA/OR/WA stock; 2. Humpback whale, Eastern North Pacific stock; and 3. Sperm whale, CA/OR/WA stock. A stock-by-stock summary of the negligible impact determination follows (see ADDRESSES for a draft of the determination). Fin Whale, CA/OR/WA Stock The PBR for this stock is 15 whales per year (Carretta *et al.* , 2006). After the implementation of the POCTRP in late 1997, overall cetacean entanglement rates in the CA/OR DGN fishery dropped considerably. Because of the changes in the CA/OR DGN fishery after the implementation of the POCTRP, mean annual mortality and serious injury for this fishery is based on 1998-2005 data. Based on an 8-year average, the annual mean mortality and serious injury rate from the CA/OR DGN fishery is estimated to be 0.63 whales per year. During the past 16 years, only one fin whale has been observed taken by this fishery (1999, which is after implementation of the Plan and prior to the 2001 closure off central CA /southern OR), indicating a remote likelihood of a fin whale take in the CA/OR DGN fishery. The known average annual human-caused mortality or serious injury, including ship strikes (0.88 animals per year) and incidental to commercial fishing (0.63 animals per year) for 1998-2005 is 1.5 fin whales , which is 10 percent of the PBR for the CA/OR/WA fin whale stock. Because total human-caused mortality and serious injury is below 10 percent of PBR, NMFS determines that mortality and serious injury incidental to commercial fishing is having a negligible impact on the CA/OR/WA stock of fin whales. Humpback Whale, Eastern North Pacific Stock The PBR for this stock is 2.3 whales per year (Carretta *et al.* , 2006). Because of the changes in the CA/OR DGN fishery after the implementation of the POCTRP, mean annual mortality and serious injury for this fishery is based on 1998-2005 data. Mean annual mortality and serious injury rate over this period is zero humpback whales in this fishery. Commercial fisheries known to incidentally take humpback whales include crab pot fisheries, unknown pot fisheries, and unknown net fisheries, based on entangled humpbacks reported off CA. The known average annual human-caused mortality or serious injury, including ship strikes (0.25 animals per year) and incidental to commercial fishing for 1998-2005 (1.5 animals per year) is 1.75 humpback whales or 76.1 percent of the PBR for the Eastern North Pacific humpback whale stock. Although several humpback whales were entangled in recent years in crab pot gear and in unknown pot/net fisheries in CA, the total fisheries-related serious injury and mortality is less than this stock's PBR. Since the beginning of the NMFS observer program in 1990, there have been no reported mortalities or serious injuries of humpback whales attributed to the CA/OR DGN fishery. In addition, after the implementation of the POCTRP, overall cetacean entanglement rates in the DGN fishery dropped considerably. Lastly, the population for this stock is considered to be at least stable and is likely to be increasing by 6-7 percent per year (Carretta et al., 2006). Based on this, and because the estimated mortality and serious injury caused by all Category I and II commercial fisheries, including the CA/OR DGN fishery, would not cause more than a 10 percent increase in the time to recovery, a negligible determination can be made under Criterion 3 for purposes of issuing a permit under MMPA section101(a)(5)(E). Sperm Whale, CA/OR/WA Stock The PBR level for this stock is 1.8 whales per year (Carretta *et al.* , 2006). Because of the changes in the CA/OR DGN fishery after the implementation of the Plan, mean annual takes are based only on observer data from 1998-2005. This results in a mean annual mortality and serious injury rate of 0.63 sperm whales per year from the CA/OR DGN fishery. In 1998, one sperm whale was observed killed in a net that was not in compliance with the Plan (also taken prior to the 2001 closure off central California/southern Oregon). The Pacific Offshore Cetacean Take Reduction Team
(Team)and the Pacific Scientific Review Group both recommended no further strategies to reduce sperm whale entanglement be taken until the effectiveness of pingers is better understood. Based upon the recommendation of the Team to increase compliance with the POCTRP (use of pingers), vessel operators were encouraged at skipper education workshops to use the full complement of pingers when deploying their nets. Furthermore, NMFS enforcement officials met with the United States Coast Guard to train boarding personnel on the requirements of the plan and requested their assistance for at-sea enforcement. The known average annual human-caused mortality or serious injury, including ship strikes (0.38 animals per year) and incidental to commercial fishing (0.75 animals per year) for 1998-2005 is 1.13 sperm whales, or 62.5 percent of the PBR for the CA/OR/WA sperm whale stock. The minimum population estimate for this stock is considered to be variable, with no obvious trend (Carretta *et al.* , 2006). However, the overall population of sperm whales has increased worldwide since it was listed under the ESA in 1973, and although it is difficult to determine a trend for the CA/OR/WA stock of sperm whales, this stock does not appear to be declining. The average annual fisheries-related mortality and serious injury for this stock is below PBR. There has not been a take of sperm whales in the CA/OR DGN fishery since 1998 and the likelihood that a sperm whale would be taken by the CA/OR DGN fishery is very low, especially given compliance with the POCTRP. Based on the trend of this stock of marine mammals, the existing management measures on the fishery, and that the estimated mortality and serious injury caused by all Category I and II commercial fisheries, including the CA/OR DGN fishery, would not cause more than a 10 percent increase in the time to recovery, a negligible determination can be made under Criterion 3 for purposes of issuing a permit under MMPA section 101(a)(5)(E). Proposed Actions and Information Solicited Negligible Impact As required by the MMPA and as summarized above, NMFS has made a preliminary determination that incidental mortality and serious injury incidental to commercial fishing will have a negligible impact on the CA/OR/WA stock of fin whales, the Eastern North Pacific stock of humpback whales, and the CA/OR/WA stock of sperm whales. A draft of the determination is available for public review (see ADDRESSES ), and NMFS solicits public comments on this draft determination. Recovery Plans A recovery plan for humpback whales was completed and issued in 1991. This plan is available on the Internet (see ADDRESSES ). NMFS had previously solicited public comments on a draft recovery plan for fin whales and sei whales ( *Balaenoptera borealis* ) (63 FR 41802, August 5, 1998); however, the plan was not completed. Subsequently, the information related to fin whales was separated from that of sei whales, and more recent information has been included in a draft recovery plan for fin whales. The draft recovery plan for fin whales is available for public review and comment (71 FR 38385, July 6, 2006). Also, NMFS has prepared a draft recovery plan for sperm whales, and this draft plan is available for public review and comment (71 FR 38385, July 6, 2006). These draft plans are available on the Internet (see ADDRESSES ). Accordingly, NMFS determines that recovery plans for the affected endangered species of marine mammals have been or are being developed. MMPA Section 118 Requirements As noted in Carretta *et al.* (2006, see Appendix 1. Descriptions of U.S. Commercial Fisheries) an observer program has been in place in the CA/OR DGN fishery since 1990. The fishery has been included in the LOF since the list was initiated under MMPA section 118. The proposed 2006 LOF (71 FR 20941, April 24, 2006) estimates 85 vessels in the fishery, 57 vessels were registered in 2005, and 49 vessels are currently registered as required by MMPA section 118(c). NMFS anticipates additional vessels will be registered prior to the start of the fishing season. NMFS promulgated final regulations to implement the POCTRP on October 3, 1997 (62 FR 51805). The plan was subsequently revised to modify specifications for deploying pingers, which allowed safer deployment (64 FR 3431, January 22, 1999). These regulations are available on the Internet (see ADDRESSES ). Accordingly, NMFS determines that the requirements of MMPA section 118 have been satisfied for the CA/OR DGN fishery. Proposed Action The impacts of implementing the HMS FMP, including the taking of threatened and endangered species of marine mammals, were analyzed in an Environmental Impact Statement for the HMS FMP and in a biological opinion prepared in February 2004 on the proposed adoption of the HMS FMP. The proposed permit would have no additional impact to the human environment beyond those analyzed in February 2004; therefore, additional environmental analyses were not conducted. Based on requirements of section 101(a)(5)(E) of the MMPA, NMFS proposes to issue a permit to allow the incidental, but not intentional, taking of three stocks of endangered or threatened marine mammals to the CA/OR DGN fishery, fin whale, CA/OR/WA stock; humpback whale, Eastern North Pacific stock; and sperm whale, CA/OR/WA stock. This permit may be suspended or revoked if the level of take is likely to result in an impact that is more than negligible. As required by the MMPA, NMFS has determined that a recovery plan has been developed or is being developed for each of these species and that a monitoring program has been established, vessels engaged in the subject fishery are registered, and a take reduction plan has been developed. NMFS solicits public comments on this proposed permit. References Barlow, J., S. Swartz, T. Eagle and P. Wade. 1995. U.S. Marine Mammal Stock Assessments: Guidelines for Preparation, Background, and a Summary of the 1995 Assessments. U.S. Department of Commerce, NOAA-TM-NMFS-SWFSC-219. 162 p. Carretta, J.V., K.A. Forney, M.M. Muto, J. Barlow, J. Baker, B. Hanson, and M.S. Lowry. 2006. U.S. Pacific Marine Mammal Stock Assessments: 2005. U.S. Department of Commerce, NOAA-TM-NMFS-SWFSC-388. Pacific Fishery Management Council. 2003. Final Environmental Impact Statement for U.S. West Coast Fisheries for Highly Migratory Species. Dated: July 25, 2006. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-12127 Filed 7-27-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE Notice of Intent To Conduct Restoration Planning AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. SUMMARY: The natural resource trustees (the Trustees) hereby notify the public of their intent to conduct restoration planning activities for injuries to natural resources caused by the Bouchard B-120 Oil Spill that occurred on or about April 27, 2003. On that date, the Bouchard B-120, owned and operated by the Bouchard Transportation Company, grounded on a shoal in Buzzards Bay, which is located off the coasts of Massachusetts and Rhode Island, and released between 22,000 and 98,000 gallons of No. 6 fuel oil into the environment. The Trustees include the: National Oceanic and Atmospheric Administration, U.S. Department of Commerce; U.S. Fish and Wildlife Service, U.S. Department of the Interior; Executive Office of Environmental Affairs, Commonwealth of Massachusetts; State of Rhode Island and Providence Plantations, Department of Environmental Management. The purpose of restoration planning is to evaluate potential injuries to natural resources and services resulting from the spill and utilize that information to determine the need for, and scale of, restoration actions. The public is invited to participate in the restoration planning process by reviewing and commenting on documents contained in the Administrative Record, attending public meetings as scheduled, and reviewing and commenting on the Draft and Final Restoration Plans when such documents have been completed. FOR FURTHER INFORMATION CONTACT: For further information regarding this document, documents contained in the Administrative Record, or the restoration planning process, contact: Frank Csulak, Injury Assessment Coordinator, National Oceanic and Atmospheric Administration, Office of Response and Restoration, HAZMAT Division, 74 Magruder Road Highlands, NJ 07732, 732-872-3005, *Frank.Csulak@NOAA.gov* . SUPPLEMENTARY INFORMATION: *Oil Spill Incident:* On the afternoon of April 27, 2003, the Bouchard B-120, owned and operated by the Bouchard Transportation Company, Inc. (Bouchard), grounded on a shoal soon after entering the western approach to Buzzards Bay from the south. The tugboat Evening Tide was towing the barge that was laden with No. 6 fuel oil from Philadelphia to the Mirant Power Generating Facility in Sandwich, Massachusetts. Bouchard notified the United States Coast Guard
(USCG)of a release of oil at approximately 5:30 p.m. and anchored in Buzzards Bay per order of the USCG. That evening, divers discovered a 12 foot by 2 foot hole in the No. 2 starboard holding tank of the barge. After the remaining cargo and oily water was transferred to Bouchard B-10 and both barges proceeded to the Mirant facility. Between 22,000 and 98,000 gallons of the No. 6 fuel oil cargo was released into Buzzards Bay on April 27, 2003. The actual amount of the release is unknown, but has been estimated by various investigators who have taken into account such factors as the time of impact, water mixing, temperature, wind, current conditions, etc. In the days following the release, the oil was driven ashore by winds and currents. Under the direction of the Unified Command, Bouchard and the response agencies undertook various on-water recovery efforts. Once oil came ashore, the responsible party, response agencies, and others implemented shoreline clean-up activities and emergency restoration efforts. Ultimately, oil impacted approximately 100 miles of shoreline in Massachusetts and Rhode Island to varying degrees. Immediately following the spill, the Massachusetts Division of Marine Fisheries closed approximately 177,000 acres of state shellfish beds and the closures remained in effect for varying amounts of time. Coordinated wildlife collection and reconnaissance efforts, the primary purpose of which was to collect live and dead oiled birds, began on April 30, 2003 and continued daily through May 16, 2003. In the weeks following the spill, a total of 499 birds were collected (all 499 collected birds were not necessarily spill related), including 184 live oiled birds. Of the 184 live oiled birds, 20 were rehabilitated and returned to the wild. Since the spill, the Trustees have initiated a number of pre-assessment data collection activities and studies. Findings demonstrate or suggest that the spill impacted the following categories of natural resources:
(1)Birds and wildlife;
(2)recreational use;
(3)shorelines; and
(4)aquatic resources. The Trustees (cited above) are designated pursuant to the National Contingency Plan, 40 CFR 300.600 and 300.605. The Responsible Party
(RP)for this incident is Bouchard Transportation Company, Inc. (Bouchard), the owner and operator of the Bouchard B-120 barge. To date, the RP has cooperated with the Trustees in the performance and funding of response, cleanup and pre-assessment data collection activities. The RP has committed to participate in a cooperative natural resource damage assessment. *Administrative Record:* The Trustees have established an Administrative Record
(AR)in compliance with 15 CFR 990.45. The AR will include documents relied upon by the Trustees during the assessment and restoration planning activities for this incident. To date, the AR contains:
(1)A copy of this notice;
(2)A letter from the Trustees to Bouchard inviting the company to participate in a cooperative natural resource damage assessment;
(3)A letter from Bouchard to the Trustees accepting the invitation to participate in a cooperative natural resource damage assessment; and
(4)The “ *Pre-Assessment Screen Data Report: Bouchard Barge No.120 Oil Spill in Buzzards Bay, Massachusetts, dated June 2005* ”. The AR is on file at the NOAA Damage Assessment Center in Silver Spring, MD and may be viewed electronically by accessing the following Web site address: *http://www.darrp.noaa.gov/northeast/buzzard/index.html.* Additionally, duplicate copies will be maintained for public review at the following locations: Jonathan Bourne Library, 19 Sandwich Road, Bourne, MA 02532, for assistance please contact Diane Ranney, Assistant Library Director at 508-759-0644; and New Bedford Public Library, 613 Pleasant Street, New Bedford, MA 2740-6203, for assistance please contact Teresa Coish, Library Director at 508-991-6279. Trustees' Determination of Jurisdiction Following notice of the spill, the Trustees initiated pre-assessment data collection activities, as described in the “ *Pre-Assessment Screen Data Report: Bouchard Barge No. 120 Oil Spill in Buzzards Bay, Massachusetts, dated June 2005”* . The following determinations were made as required by 15 CFR 990.41:
(1)The spill of between 22,000 and 98,000 gallons of No. 6 fuel oil from the Bouchard B-120 into Buzzards Bay that occurred on April 27, 2003 was an incident as defined at 15 CFR 990.30.
(2)The incident was not permitted under Federal, state, or local law; it did not occur from a public vessel; and it did not occur from an offshore facility subject to the Trans-Alaska Pipeline Authority Act, 43 U.S.C. 1651, *et seq.*
(3)The Trustees have reviewed information gathered during the response and pre-assessment phases of this incident and determined that natural resources under the trusteeship of NOAA, DOI, MA EOEA and RIDEM have been injured as a result of the incident. The discharged oil contained components that are toxic at certain exposure levels to aquatic organisms, birds, wildlife, and vegetation. In addition, the physical characteristics of the oil adversely impacted certain natural resources. The Trustees observed birds, shoreline and aquatic organisms that were exposed to oil from the discharge. Significant portions of shellfish beds in the Commonwealth of Massachusetts were closed immediately following the spill and remained closed for varying amounts of time. Some shoreline recreational areas in Massachusetts and Rhode Island were also closed to public access following the spill. Additional recreational resources were degraded and/or displaced following the incident. Based upon the above findings, the Trustees have determined that they have jurisdiction to pursue restoration planning activities pursuant to the Oil Pollution Act of 1990, 33 U.S.C. 2702 and 2706(b)-(c). *Trustees' Determination to Conduct Restoration Activities:* For the reasons discussed below, the Trustees have made the determination required by 15 CFR 990.42(a) and are proceeding with restoration planning to develop restoration alternatives that will restore, replace, rehabilitate, or acquire the equivalent of, the natural resources and/or natural resource services lost as a result of this incident.
(1)Injuries have resulted from the incident. The Trustees base this determination upon data collected and analyzed pursuant to 15 CFR 990.43 demonstrating that injuries are likely to have resulted from the incident, and include but are not limited to, the following natural resource categories: Birds and Wildlife; Shoreline; Recreational Use; and, Aquatic.
(2)Response actions have not adequately addressed the injuries resulting from the incident. Although response actions and innovative emergency restoration actions were initiated promptly, the nature of the discharge, weather and tide conditions, and the sensitivity of the environment precluded the prevention of injuries to some natural resources. It is anticipated that injured natural resources will eventually return to baseline levels, but there is a potential for significant interim losses to have occurred and to continue to occur, until return to baseline is achieved.
(3)Feasible primary and compensatory restoration alternatives exist to address injuries from this incident. Components of the restoration plan may include, but are not limited to, projects involving land acquisition, shoreline stabilization, wetland/marsh enhancement, predator control activities, protection or enhancement of bird nesting areas, and recreational area enhancements. *Public Involvement:* Pursuant to 15 CFR 990.44, the Trustees will seek public involvement in restoration planning by establishing public review and comment opportunities. Dated: July 21, 2006. Ken Barton, Acting Director, Office of Response and Restoration, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. E6-12117 Filed 7-27-06; 8:45 am] BILLING CODE 3510-JE-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 071406G] Fisheries in the Western Pacific; American Samoa Longline Limited Entry Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; availability of permit upgrades. SUMMARY: NMFS is soliciting applications for permit upgrades in the American Samoa longline limited entry program. Eight upgrade permits will be available in 2006 for holders of Class A vessel permits (i.e., less than or equal to 40 ft or 12.2 m in length) to upgrade to permits for larger vessels (Class B-1, C-1, or D-1). The upgrade permits are available only to Class A permit holders who participated in the fishery before March 22, 2002. The highest priority for receiving an upgrade permit will be given to the person with the earliest date of documented participation. DATES: Completed applications for permit upgrades must be received by NMFS by September 26, 2006. ADDRESSES: Completed applications should be sent to NMFS Pacific Islands Region, Attn: ASLE Permit Upgrade, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700. Application forms may be obtained from NMFS Pacific Islands Region, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700, or the NMFS Pacific Islands Region website: *http://swr.nmfs.noaa.gov/pir/* . FOR FURTHER INFORMATION CONTACT: Walter Ikehara, NMFS Pacific Islands Region,
(808)944-2275. SUPPLEMENTARY INFORMATION: On May 25, 2005, NMFS published a final rule (70 FR 29646) that established a limited entry program for the pelagic longline fishery based in American Samoa, under Amendment 11 to the Fishery Management Plan for Pelagic Fisheries in the Western Pacific Region. American Samoa longline limited entry permits were established for four vessel size classes, based on length, as follows: 1. Class A - less than or equal to 40 ft (12.2 m); 2. Class B (and B-1) - over 40 ft (12.2 m) to 50 ft (15.2 m) inclusive; 3. Class C (and C-1) - over 50 ft (15.2 m) to 70 ft (21.3 m) inclusive; and 4. Class D (and D-1) - over 70 ft (21.3 m). A total of 60 initial American Samoa longline limited entry permits were issued, 22 in Class A, five in Class B, 12 in Class C, and 21 in Class D. These numbers are the limits on the number of allowed American Samoa longline limited entry permits for each size class, as defined by the regulations setting the maximum limit on permits under the limited entry program (50 CFR 665.36(f)). The limited entry program allows for 26 upgrade permits to be made available for the exclusive use of permit holders in Class A, distributed over a four-year period following the issuance of initial limited entry permits. In 2006, eight upgrade permits will be available (four in Class B-1, two in Class C-1, and two in Class D-1). The Regional Administrator may initially issue Class B-1, C-1, and D-1 upgrade permits only to holders of Class A permits who participated in the American Samoa pelagic longline fishery before March 22, 2002 (50 CFR 665.36h)). The highest priority will be given to those with the earliest date of documented participation. Those receiving upgrade permits must surrender their Class A permits, and the surrendered permits are deducted from the allowed Class A permit total. This notice is intended to announce the availability of permit upgrades and to solicit applications for the upgrades. Complete applications must include the completed and signed application form (available from NMFS, see ADDRESSES ), legible copies of documents supporting historical participation in the American Samoa pelagic longline fishery, and payment for the non-refundable application processing fee. Documents supporting participation should show that fishing was conducted using longline gear. Properly completed applications must be received by NMFS (see ADDRESSES ) by September 26, 2006 to be considered for eligibility for the 2006 permit upgrades. Authoritative information on the American Samoa limited entry program may be found in the 50 CFR Part 665. Authority: 16 U.S.C. 1801 *et seq.* Dated: July 25, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service [FR Doc. E6-12130 Filed 7-27-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 070306C] Vessel Monitoring Systems; Amendment to the Announcement of Mobile Transmitter Unit and Enhanced Mobile Transmitter Unit Reimbursement Program; Additional Eligibility Criteria AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Amendment to the notice of vessel monitoring systems reimbursement program. SUMMARY: On July 21, 2006, NMFS announced the availability of approximately $4.5 million in grant funds for fiscal year
(FY)2006 for vessel owners and/or operators who have purchased a Mobile Transmitter Unit
(MTU)or Enhanced-Mobile Transmitter Unit (E-MTU) for the purpose of complying with fishery regulations requiring the use of Vessel Monitoring Systems
(VMS)which became effective during FY 2006. The funds will be used to reimburse vessel owners and/or operators for the purchase price of the MTU or E-MTU. These amendments are intended to correct the contact information for the Pacific States Marine Fisheries Commission (PSMFC) located under FOR FURTHER INFORMATION CONTACT and ADDRESSES and to declare an additional reimbursement eligibility criteria. ADDRESSES: The correct contact information for a reimbursement application is Pacific States Marine Fisheries Commission (PSMFC), 205 SE Spokane Street, Suite 100, Portland, OR 97202, phone 503-595-3100, fax 503-595-3232. To obtain copies of the list of NOAA-approved VMS mobile transmitting units and NOAA-approved VMS communications service providers write to the VMS Support Center, NOAA Fisheries Office for Law Enforcement (OLE), 8484 Georgia Avenue, Suite 415, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: The correct contact information for questions regarding reimbursement applications is Randy Fisher, Executive Director, Pacific States Marine Fisheries Commission (PSMFC), 205 SE Spokane Street, Suite 100, Portland, OR 97202, phone 503-595-3100, fax 503-595-3232. For questions regarding MTU or E-MTU type approval or information regarding the status of VMS systems being evaluated by NOAA for approval, contact Jonathan Pinkerton, National VMS Program Manager, phone 301-427-2300; fax 301-427-0049. For questions regarding VMS installation or activation checklists, contact the VMS Support Center, NOAA Fisheries Office for Law Enforcement (OLE), 8484 Georgia Avenue, Suite 415, Silver Spring, MD 20910, phone 888-219-9228, fax 301-427-0049. SUPPLEMENTARY INFORMATION: In addition to the eligibility requirements detailed in the July 21, 2006 (71 FR 41425) notice, the following requirement regarding vessel owners and/or operators with outstanding unpaid civil monetary penalties shall also apply. Additional Eligibility Criteria To be eligible to receive reimbursement vessel owners and/or operators must not be in arrears with a payment owed to the Agency for a civil monetary penalty. Affected vessel owners and/or operators may become eligible for the reimbursement if the outstanding penalty is paid in full within 30 days of the denial of the reimbursement. After payment, vessel owners and/or operators must contact the VMS Support Center and provide documentation to support the defrayment of the penalty to receive a confirmation code for reimbursement purposes. Dated: July 25, 2006. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fishery Service. [FR Doc. E6-12125 Filed 7-27-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 053106C] Notice of Availability of Draft Stock Assessment Reports AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. SUMMARY: NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports
(SARs)in accordance with the Marine Mammal Protection Act (MMPA). SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on draft 2006 SARs. DATES: Comments must be received by October 26, 2006. ADDRESSES: The 2006 draft stock assessment reports are available in electronic form via the Internet at *http://www.nmfs.noaa.gov/pr/sars/* . Copies of the Alaska Regional SARs may be requested from Robyn Angliss, Alaska Fisheries Science Center, NMFS, 7600 Sand Point Way, NE BIN 15700, Seattle, WA 98115-0070. Copies of the Atlantic and Gulf of Mexico Regional SARs may be requested from Gordon Waring, Northeast Fisheries Science Center, 166 Water St., Woods Hole, MA 02543. Copies of the Pacific Regional SARs may be requested from Tina Fahy, Southwest Regional Office, NMFS, 501 West Ocean Boulevard, Long Beach, CA 90802-4213. Send comments or requests for copies of reports to: Chief, Marine Mammal Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3226, Attn: Stock Assessments. Comments may also be sent via facsimile
(fax)to 301-427-2516 or via e-mail to *mmsar.2006@noaa.gov* . FOR FURTHER INFORMATION CONTACT: Tom Eagle, Office of Protected Resources, 301-713-2322, ext. 105, e-mail *Tom.Eagle@noaa.gov* ; Robyn Angliss 206- 526-4032, e-mail *Robyn.Angliss@noaa.gov* , regarding Alaska regional stock assessments; Gordon Waring, 508-495-2311, e-mail *Gordon.Waring@noaa.gov* , regarding Atlantic regional stock assessments; or Tina Fahy, 562-280-4060, e-mail *Christina.Fahy@noaa.gov* , regarding Pacific regional stock assessments. SUPPLEMENTARY INFORMATION: Background Section 117 of the Marine Mammal Protection Act
(MMPA)(16 U.S.C. 1361 *et seq.* ) requires NMFS and the U.S. Fish and Wildlife Service
(FWS)to prepare stock assessments for each stock of marine mammals occurring in waters under the jurisdiction of the United States. These reports must contain information regarding the distribution and abundance of the stock, population growth rates and trends, estimates of annual human-caused mortality and serious injury from all sources, descriptions of the fisheries with which the stock interacts, and the status of the stock. Initial reports were completed in 1995. The MMPA requires NMFS and FWS to review the SARs at least annually for strategic stocks and stocks for which significant new information is available, and at least once every 3 years for non-strategic stocks. NMFS and the FWS are required to revise a SAR if the status of the stock has changed or can be more accurately determined. NMFS, in conjunction with the Alaska, Atlantic, and Pacific Scientific Review Groups (SRGs), reviewed the status of marine mammal stocks as required and revised reports in the Alaska, Atlantic, and Pacific regions to incorporate new information. NMFS solicits public comments on the draft 2006 SARs. Alaska Reports In the Alaska region, 18 reports were revised, and 18 were not revised. Most changes were updates of abundance or mortality estimates and did not change the status of the stock. SARs for the Alaska harbor seals (Southeast Alaska, Gulf of Alaska, and Bering Sea stocks) were updated to include recent information on abundance, trends in abundance, fishery-related serious injury and mortality, and subsistence harvest levels. Although the abundance estimates now reflected in the Alaska harbor seal SARs are higher than the estimates in the past, this apparent increase is due to changes in analytical procedures and does not necessarily reflect changes in abundance. The best available information on Alaska harbor seal stock structure suggests that there are more than the current three stocks identified in the stock assessment reports; NMFS, in cooperation with appropriate Alaska Native organizations, is evaluating the new genetic information and anticipates making a joint recommendation regarding stock structure in 2006. Abundance estimates and Potential Biological Removal
(PBR)levels increased for northern fur seals and Steller sea lions. The increase in the northern fur seal abundance was due to a recent survey of one rookery on Bogoslof Island, which was last assessed in 1998 and has grown appreciably since that time. The western Steller sea lion stock assessment report acknowledges that genetics differences between animals in western Alaska and Russia may be sufficient to support a designation of an Asian stock of Steller sea lions. The PBR level for Dall's porpoise is no longer calculated because the abundance estimate is more than 8 years old and, according to NMFS' guidelines for preparing SARs, is considered unreliable for use in conservation decisions. The fisheries with which this stock overlaps are observed regularly and have had low levels of Dall's porpoise serious injury or mortality over at least the past 10 years. Because the best available information indicates that human-related serious injury and mortality is likely not a major concern, the stock remains classified as “not strategic”. The PBR level for the Cook Inlet stock of beluga whales is no longer calculated. The abundance is well below the maximum estimate in the late 1970s, and the population may be declining due to unidentified causes. Therefore, underlying assumption (that reducing or eliminating human-caused mortality would allow the population to increase) of the PBR approach does not appear to be valid, and NMFS cannot estimate a maximum number of animals that may be removed from the population while allowing the population to recover to its optimum sustainable population levels. The three stocks of harbor porpoise in the Alaska region (Southeast Alaska, Gulf of Alaska, and Bering Sea stocks) were changed from “not strategic” to “strategic”. For each stock, abundance estimates are old. A number of fisheries in Alaska overlap harbor porpoise distribution and may take porpoise; however, few fisheries have observer data for estimating mortality. Furthermore, harbor porpoise sightings on surveys for killer whales in Southeast Alaska indicate fewer porpoise sightings per unit effort in recent years than in earlier surveys. NMFS has, therefore, labeled these three stocks of harbor porpoise as “strategic” stocks as a precautionary approach. The status of Pacific white-sided dolphin, North Pacific stock, was changed from “strategic” to “not strategic”. There are no recent, reliable estimates of abundance and mortality/serious injury for this stock; however, white-sided dolphins have been seen during historical surveys in portions of the stock's range at densities that suggest sufficient numbers of dolphins to sustain the low levels of mortality that were previously estimated since the termination of high-seas driftnet fishing in 1991. Atlantic Reports Sixteen reports (four strategic and 12 non-strategic) were revised in the Atlantic region, and 39 reports, including all reports for marine mammals in the Gulf of Mexico, were not revised. Most updates were to include new abundance and mortality estimates and did not change the status of the affected stocks. Estimates of incidental mortality and serious injury for the northeast and mid-Atlantic bottom trawl fisheries were not completed in time for this draft release. SRG review of the estimates will be completed prior to the commencement of the Atlantic trawl take reduction team meeting in September 2006. Therefore, mortality estimates and strategic status determinations are pending for long-finned and short-finned pilot whales, common dolphin, Risso's dolphin and Atlantic white-sided dolphin and will be included in the draft 2007 reports. Pacific Reports Of the 61 reports in the Pacific region, nine were revised for 2006. All revisions were updates to abundance and PBR or mortality estimates, and none resulted in a change of the MMPA status (strategic or not strategic). The SAR for killer whales, Eastern North Pacific southern resident stock, was revised to indicate its listing as endangered under the ESA; however, the stock was already “strategic” under the MMPA due to its earlier designation as depleted. Dated: July 25, 2006. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-12126 Filed 7-27-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Publication of North American Datum of 1983 State Plane Coordinates in Feet in New Jersey AGENCY: National Geodetic Survey (NGS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration. ACTION: Notice. SUMMARY: The National Geodetic Survey
(NGS)will publish North American Datum of 1983 (NAD 83) State Plane Coordinate
(SPC)grid values, in both meters, and U.S. Survey Feet (1 ft = 1200/3937 m) in New Jersey, for all well defined geodetic survey control monuments maintained by NGS in the National Spatial Reference System
(NSRS)and computed from various geodetic positioning utilities. The adoption of this standard is implemented in accordance with NGS policy and a request from the New Jersey Department of Transportation, the New Jersey Society of Professional Land Surveyors, and the New Jersey Bureau Office of Information Technology. DATES: Individuals or organizations wishing to submit comments on the Publication of North American Datum of 1983 State Plane Coordinates in feet in New Jersey, should do by August 28, 2006. ADDRESSES: Written comments should be sent to the attention of David Doyle, Chief Geodetic Surveyor, Office of the National Geodetic Survey, National Ocean Service (N/NGS2), 1315 East-West Highway, Silver Spring, Maryland 20910, fax 301-713-4324, or via e-mail *Dave.Doyle@noaa.gov.* FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to David Doyle, Chief Geodetic Surveyor, National Geodetic Survey (N/NGS2), 1315 East-West Highway, Silver Spring, MD 20910; Phone: (301-713-3178). SUPPLEMENTARY INFORMATION: Abstract In 1991, NGS adopted a policy that defines the conditions under which NAD 83 State Plane Coordinates
(SPCs)would be published in feet in addition to meters. As outlined in that policy, each state or territory must adopt NAD 83 legislation (typically referenced as Codes, Laws or Statutes), which specifically defines a conversion to either U.S. Survey or International Feet as defined by the U.S. Bureau of Standards in **Federal Register** Notice 59-5442. To date, 48 states have adopted the NAD 83 legislation however, for various reasons, only 33 included a specific definition of the relationship between meters and feet. This lack of uniformity has led to confusion and misuse of SPCs as provided in various NGS products, services and tools, and created errors in mapping, charting and surveying programs in numerous states due to inconsistent coordinate conversions. Dated: July 20, 2006. David B. Zilkoski, Director, Office of National Geodetic Survey, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 06-6523 Filed 7-27-06; 8:45 am]
Connectionstraces to 26
Traces to 26 documents
CFR
- Sunset reviews under section 751(c) of the Act.§ 351.218
- Administrative review of orders and suspension agreements under section 751(a)(1) of the Act.§ 351.213
- Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments.§ 351.212
- De minimis net countervailable subsidies and weighted-average dumping margins disregarded.§ 351.106
- Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties.§ 351.402
- Access to business proprietary information.§ 351.305
- Revocation of orders; termination of suspended investigations.§ 351.222
- Submitting reports.§ 325.14
- Modifying or revoking a certificate.§ 325.10
- Judicial review.§ 325.11
- Scope rulings.§ 351.225
- Administrative record.§ 990.45
- Determination of jurisdiction.§ 990.41
- Definitions.§ 990.30
- Determination to conduct restoration planning.§ 990.42
- Data collection.§ 990.43
- Notice of Intent to Conduct Restoration Planning.§ 990.44
U.S. Code
- Normal value§ 1677b
- Annual reports§ 4018
- Moratorium on taking and importing marine mammals and marine mammal products§ 1371
- Congressional findings and declaration of purposes and policy§ 1531
- Definitions§ 1362
- Congressional findings and declaration§ 1651
- Elements of liability§ 2702
- Findings, purposes and policy§ 1801
- Congressional findings and declaration of policy§ 1361
14 references not yet in our index
- 41 USC 46-48c
- 41 CFR 51
- 41 USC 47(a)
- 19 USC 81a-81u
- 15 CFR 400
- Pub. L. 97-290
- 15 USC 4011-21
- 15 CFR 325
- 50 CFR 660.713
- 50 CFR 216.103
- 40 CFR 300.600
- 50 CFR 665.36(f)
- 50 CFR 665.36
- 50 CFR 665
Citation graph
cites case law
Notices
Additions to and deletion from Procurement List
Cite41 USC 46-48c
Cite41 CFR 51
Cite41 USC 47(a)
Cites 40 · showing 12Cited by 0 across 0 sources