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Code · REGISTER · 2007-03-20 · Import Administration, International Trade Administration, Department of Commerce · Notices

Notices. Notice of public teleconference meeting

7,487 words·~34 min read·/register/2007/03/20/07-1364

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BILLING CODE 3510-DT-M DEPARTMENT OF COMMERCE International Trade Administration [A-580-816] Notice of Final Results of the Twelfth Administrative Review of the Antidumping Duty Order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 11, 2006, the Department of Commerce (the Department) published the preliminary results of the antidumping duty administrative review for certain corrosion-resistant carbon steel flat products
(CORE)from the Republic of Korea (Korea). *See Certain Corrosion-Resistant Carbon Steel Flat Products from Korea: Notice of Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review* , 71 FR 53370 (September 11, 2006) ( *Preliminary Results* ). This review covers four manufacturers/exporters of the subject merchandise: Union Steel Manufacturing Co., Ltd. (Union); Pohang Iron & Steel Company, Ltd. (POSCO) and Pohang Coated Steel Co., Ltd. (POCOS) (collectively, the POSCO Group); Hyundai HYSCO (HYSCO); and Dongbu Steel Co., Ltd. (Dongbu) (collectively, respondents). The period of review
(POR)is August 1, 2004, through July 31, 2005. As a result of our analysis of the comments received, these final results differ from the preliminary results. For our final results, we have found that during the POR, Union and Dongbu sold subject merchandise at less than normal value (NV). We have also found that HYSCO and the POSCO Group did not make sales of the subject merchandise at less than NV ( *i.e.* , they have a zero or *de minimis* dumping margin). EFFECTIVE DATE: March 20, 2007. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska (Union), Preeti Tolani (Dongbu), Victoria Cho (the POSCO Group), and Joy Zhang (HYSCO), AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-8362,
(202)482-0395,
(202)482-5075, and
(202)482-1168, respectively. SUPPLEMENTARY INFORMATION: Background On September 11, 2006, the Department published the *Preliminary Results* . On January 3, 2007, the Department published the notice of extension of final results of the antidumping administrative review of CORE from Korea, extending the date for these final results to March 12, 2007. *See Corrosion-Resistant Carbon Steel Flat Products from Korea: Extension of Time Limits for the Final Results of Antidumping Administrative Review* , 72 FR 102 (January 3, 2007). Comments from Interested Parties We invited parties to comment on our *Preliminary Results* . On October 20, 2006, Mittal Steel USA ISG, Inc. (Mittal) and United States Steel Corporation (US Steel) filed case briefs concerning all respondents and all respondents filed a case brief. 1 On October 31, 2006, Mittal filed a rebuttal brief concerning all respondents and U.S. Steel filed rebuttal briefs concerning Union, Dongbu, and POSCO. On October 31, 2006, all respondents filed a rebuttal brief. 1 The Nucor Corporation, a domestic interested party, did not submit a case brief or a rebuttal brief. Scope of the Order This order covers cold-rolled (cold-reduced) carbon steel flat-rolled carbon steel products, of rectangular shape, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating, in coils (whether or not in successively superimposed layers) and of a width of 0.5 inch or greater, or in straight lengths which, if of a thickness less than 4.75 millimeters, are of a width of 0.5 inch or greater and which measures at least 10 times the thickness or if of a thickness of 4.75 millimeters or more are of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090. Included in this order are corrosion-resistant flat-rolled products of non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process ( *i.e.* , products which have been “worked after rolling”) for example, products which have been beveled or rounded at the edges. Excluded from this order are flat-rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (terne plate), or both chromium and chromium oxides (tin-free steel), whether or not painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating. Also excluded from this order are clad products in straight lengths of 0.1875 inch or more in composite thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness. Also excluded from this order are certain clad stainless flat-rolled products, which are three-layered corrosion-resistant carbon steel flat-rolled products less than 4.75 millimeters in composite thickness that consist of a carbon steel flat-rolled product clad on both sides with stainless steel in a 20%-60%-20% ratio. These HTSUS item numbers are provided for convenience and customs purposes. The written descriptions remain dispositive. Analysis of Comments Received All issues raised in the case and rebuttal brief by parties to this administrative review are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties have raised, and to which we have responded in the Issues and Decision Memorandum, is attached to this notice as an Appendix. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at *http://ia.ita.doc.gov/frn.* The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Review We determine that the following weighted-average margins exist: Producer/Manufacturer Weighted-Average Margin Dongbu 2.07 % Union 1.45 % The POSCO Group 0.35 % (de minimis) HYSCO 0.09 % (de minimis) Assessment The Department will determine, and Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The Department calculated importer-specific duty assessment rates on the basis of the ratio of the total antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above *de minimis* , we will instruct CBP to assess duties on all entries of subject merchandise by that importer. The Department will issue appropriate assessment instructions directly to CBP 15 days after publication of these final results. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of CORE from Korea entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Tariff Act of 1930, as amended (the Act):
(1)for companies covered by this review, the cash deposit rate will be the rate listed above;
(2)for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company-specific rate established for the most recent period;
(3)if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and
(4)if neither the exporter nor the producer is a firm covered in this review, a prior review, or the investigation, the cash deposit rate will be 17.70 percent, the “All Others” rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. Administrative Protective Order This notice also is the only reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 12, 2007. David M. Spooner, Assistant Secretary for Import Administration. APPENDIX I List of Comments in the Accompanying Issues and Decision Memorandum A. General Issues *Comment 1* : Model-Match Methodology and Laminated Products *Comment 2:* Treatment of CEP Offset *Comment 3:* Adjustments to U.S. Prices for Duty Drawback Paid in Korea *Comment 4:* Treatment of Indirect Selling Expenses incurred in Korea *Comment 5:* Treatment of Production Yields B. Company-Specific Issues Dongbu Steel Co., Ltd. *Comment 6:* Treatment of All Sales Entered During the POR in Dongbu's Margin Calculation Hyundai HYSCO *Comment 7:* Cash Deposit Rate for HYSCO Union Steel Manufacturing Co., Ltd. *Comment 8:* DINDIRSU Calculation *Comment 9:* Treatment of Union's Indirect Selling Expense Ratio *Comment 10:* Treatment of Union's Calculation of DKA's Short Term Interest Rate *Comment 11:* Treatment of Union's Overrun Sales in the Home Market *Comment 12:* Treatment of Union's Home Market Sales of Non-Prime Merchandise in the Calculation of Normal Value *Comment 13:* Ministerial Error with respect to QTYCVNU Field *Comment 14:* Ministerial Error Regarding Union's Home Market Credit Expenses Pohang Iron & Steel Company, Ltd. and Pohang Coated Steel Co., Ltd. *Comment 15:* Treatment of the POSCO's Group Home Market Credit Expenses on Freight billed to its Customers *Comment 16:* The Department's Calculation of the POSCO Group's Sales Database Affecting Certain Conversion Factors *Comment 17:* Treatment of the POSCO Group's Short-Term Interest Rate Used for U.S. Credit Expenses *Comment 18:* Treatment of the POSCO Group's of Overun Sales in the Home Market *Comment 19:* The Department's Calculation of the POSCO Group's Certain Merchandise Sales in the Home Market *Comment 20:* Treatment of the POSCO Group's Cash Deposit Instructions *Comment 21:* Treatment of POSAM's (Pohang Steel America Corp.) Indirect Selling Expenses [FR Doc. E7-5041 Filed 3-19-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-533-808] Stainless Steel Wire Rod from India: Notice of Initiation of Antidumping Duty New-Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 20, 2007. SUMMARY: On December 29, 2006, the Department of Commerce received a request to conduct a new-shipper review of the antidumping duty order on stainless steel wire rod from India. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating a new-shipper review of Sunflag Iron & Steel Co., Ltd., the exporter and producer that requested the new-shipper review. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten at
(202)482-1757 or
(202)482-1690, respectively, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background The notice announcing the antidumping duty order on stainless steel wire rod from India was published on December 1, 1993. See *Antidumping Duty Order: Certain Stainless Steel Wire Rods from India* , 58 FR 63335 (December 1, 1993). On December 29, 2006, the Department of Commerce (the Department) received a timely request for a new-shipper review of the order from Sunflag Iron & Steel Co., Ltd. (Sunflag). See section 751(a)(2)(B) of the Act and 19 CFR 351.214(c). Sunflag is both the Indian producer and exporter of the subject merchandise to the United States on which its request for a new-shipper review is based. As required by 19 CFR 351.214(b)(2)(i) and (iii)(A), Sunflag certified that it is a producer and exporter of the subject merchandise, that it did not export stainless steel wire rod to the United States during the period of investigation
(POI)(July 1, 1992, through December 31, 1992), and that, since the initiation of the investigation, it has never been affiliated with any exporter or producer that exported stainless steel wire rod to the United States during the POI. 1 1 See Sunflag's Request for New Shipper Review, dated December 29, 2006. In addition, pursuant to 19 CFR 351.214(b)(2)(iv), the company submitted documentation establishing the following:
(1)the date on which it first shipped the subject merchandise for export to the United States;
(2)the volume of its first shipment and its subsequent shipment; 2 and
(3)the date of its first sale to an unaffiliated customer in the United States. 2 In its December 29, 2006, Request for New Shipper Review, Sunflag provided information on its subsequent shipment. On January 31, 2007, the Department postponed its decision regarding whether to initiate the new-shipper review because, based upon its routine examination of Customs and Border Protection entry data, it was not clear whether the merchandise exported by Sunflag to the United States qualified as subject merchandise. See Memorandum from Catherine Cartsos through Minoo Hatten to the File, New-Shipper Review of Stainless Steel Wire Rod from India: Customs and Border Protection Entry Data, dated January 31, 2007. Under 19 CFR 351.302(b), the Department may extend any time limit established by its regulations for good cause unless expressly precluded by the statute. See Letter from Laurie Parkhill to Mr. M.D. Ghumare, General Manager of Exports for Sunflag, dated January 31, 2007. The status of the Sunflag entries is no longer at issue because the Department has determined that the merchandise exported by Sunflag to the United States qualifies as subject merchandise. See Memorandum from Catherine Cartsos through Minoo Hatten to the File, New-Shipper Review of Stainless Steel Wire Rod from India: Customs and Border Protection Entry Data and Documents, dated March 13, 2007. Initiation of New-Shipper Review In accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(b)(2) and (d)(1), we find that Sunflag's request meets the threshold requirements for initiation of a new-shipper review. See March 13, 2007, Memorandum to the File through Laurie Parkhill, Director, AD/CVD Operations, Office 5, from the team regarding the new-shipper review initiation checklist. Accordingly, we are initiating a new-shipper review of the antidumping duty order on stainless steel wire rod from India for shipments produced and exported by Sunflag. The period of review is December 1, 2005, through November 30, 2006. See 19 CFR 351.214(g)(1)(i)(A). We intend to issue the preliminary results of this new-shipper review no later than 180 days after initiation of this review. See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). We intend to issue the final results of this review no later than 90 days after the date on which the preliminary results are issued. See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct Customs and Border Protection to collect a bond or other security in lieu of a cash deposit in new-shipper reviews. Therefore, the posting of a bond under section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e) in lieu of a cash deposit is not available in this case. Importers of subject merchandise manufactured and exported by Sunflag must continue to pay a cash deposit of estimated antidumping duties on each entry of subject merchandise at the current all-others rate of 48.80 percent. Interested parties that need access to proprietary information in this new-shipper review should submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214(d), and 19 CFR 351.221(c)(1)(i). Dated: March 13, 2007. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E7-5040 Filed 3-19-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Minority Business Development Agency White House Initiative on Asian Americans and Pacific Islanders, President's Advisory Commission on Asian Americans and Pacific Islanders AGENCY: Minority Business Development Agency, Department of Commerce. ACTION: Notice of public teleconference meeting. SUMMARY: The President's Advisory Commission on Asian Americans and Pacific Islanders (Commission) will convene a teleconference meeting on April 5, 2007 to deliberate the draft Commission report to the President. This meeting is open to the public and interested persons may listen to the teleconference by using the call-in number and pass code provided below (see ADDRESSES ). DATES: Thursday, April 5, 2007, beginning at 1:15 p.m. (EST). ADDRESSES: By telephone: Beginning at 1 p.m.
(EST)on Thursday, April 5, 2007, members of the public may call 1-800-619-6733 and dial pass code 4656049 to access the teleconference. Advance registration is not required. FOR FURTHER INFORMATION CONTACT: For information regarding the Commission, please contact Ms. Cianna Ferrer, Executive Assistant, Office of the White House Initiative on Asian Americans and Pacific Islanders, Minority Business Development Agency, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Room 5612, Washington DC 20230; telephone
(202)482-3949; facsimile
(202)482-501-6239; e-mail: *info@aapi.gov.* Note that any correspondence sent by regular mail may be substantially delayed or suspended in delivery, since all regular mail sent to the Department of Commerce is subject to extensive security screening. SUPPLEMENTARY INFORMATION: In accordance with Section 10(a)(2) of the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2), public announcement is made of the Commission's intent to convene a teleconference meeting on April 5, 2007. This meeting is open to the public and interested persons may listen to the teleconference by using the call-in number and pass code set forth above (see ADDRESSES ). Advance registration is not required to access the teleconference. Prospective agenda items for the meeting include a deliberation of the draft Commission report to the President, administrative tasks and such other Commission business as may arise during the course of the meeting. In addition, the Commission welcomes interested persons to submit written comments to the Office of the White House Initiative on Asian Americans and Pacific Islanders (see FOR FURTHER INFORMATION CONTACT ) at any time before or after the meeting. To facilitate distribution of written comments to Commission members prior to the meeting, the Commission suggests that comments be submitted by facsimile or by e-mail no later than April 2, 2007. The Commission will not be receiving public comment during the meeting. Dated: March 15, 2007. Ronald Marin, Financial Management Officer, Minority Business Development Agency. [FR Doc. E7-5054 Filed 3-19-07; 8:45 am] BILLING CODE 3510-21-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 022007E] Antarctic Marine Living Resources Convention Act of 1984; Conservation and Management Measures AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS issues this notice to notify the public that the United States has accepted conservation and management measures and resolutions pertaining to fishing in Antarctic waters managed by the Commission for the Conservation of Antarctic Marine Living Resources (Commission or CCAMLR). The Commission adopted these measures at its twenty-fifth meeting in Hobart, Tasmania, October 23 to November 3, 2006. The measures have been agreed upon by the Member countries of CCAMLR, including the United States, in accordance with Article IX of the Convention for the Conservation of Antarctic Marine Living Resources (the Convention). The measures: include measures previously adopted by the Commission and remaining in force; measures adopted for the 2006/2007 fishing season to restrict overall catches, research catch and bycatch of certain species of fish, krill and crab; limit participation in several exploratory fisheries; restrict fishing in certain areas and to certain gear types; and set forth: fishing seasons fishery-by-fishery, revisions to previously adopted measures; new measures, and new resolutions. The Commission also adopted a list of vessels suspected to be engaged in illegal, unregulated or unreported fishing in the Convention Area. ADDRESSES: Copies of the CCAMLR conservation and management measures may be obtained from the Assistant Administrator for Fisheries, NOAA, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Robin Tuttle, 301-713-2282. SUPPLEMENTARY INFORMATION: Background The full text of the conservation and management measures and resolutions agreed to by consensus by CCAMLR at its 2006 meeting were published by the U.S. Department of State in a formal notice in the **Federal Register** on January 29, 2007 (72 FR 4068). Public comments were invited on the notice; one comment was received. The commenter suggested that the use of gillnets and longlines be banned in the Convention Area. As indicated in the Department of State notice, CCAMLR has adopted an interim prohibition on the use of deep-sea gillnets. The prohibition will remain in force until the CCAMLR Scientific Committee has investigated and reported on the potential impacts of gillnets in the Convention Area. Regarding longline fishing, CCAMLR first adopted measures requiring fishers to employ techniques minimizing the incidental mortality of seabirds in the course of longline fishing in 1991. At its 2006 meeting, CCAMLR's Ad Hoc Working Group on Incidental Mortality Associated with Fishing noted the resulting continuing low levels of incidental mortality of seabirds in regulated longline fisheries in most parts of the Convention Area. There were no reports of incidental mortality of marine mammals in longline gear in the 2005/2006 fishing season. Through this action, NMFS notifies the public that the United States has accepted the measures and resolutions adopted at CCAMLR's twenty-fifth meeting. NMFS provides the following summary of these measures and resolutions as a courtesy. Prohibitions on Directed Fishing The Commission retained the continuing prohibitions for directed fishing for finfish in Statistical Subareas 48.1 and 48.2; for *Notothenia rossii* in Statistical Subareas 48.1, 48.2 and 48.3; for *Gobionotothen gibberifrons* , *Chaenocephalus aceratus* , *Pseudochaenicthys georgianus* , *Lepidonotothen squamifrons* and *Patagonotothen guntheri* in Statistical Subareas 48.3; for *Lepidonotothen squamifrons* in Statistical Division 58.4.4; for *Dissostichus* species in Statistical Division 58.4.4 outside areas of national jurisdiction; for *Dissostichus eleginoides* in Statistical Subarea 58.6; for *Dissostichus eleginoides* in Statistical Subarea 58.7; for *Dissostichus eleginoides* in Statistical Division 58.5.1 outside areas of national jurisdiction; for Dissostichus eleginoides in Statistical Division 58.5.2 east of 79°20′E and outside of the EEZ to the west of 79°20′E; for Dissostichus species in Statistical Subarea 88.2 north of 65° S; for Dissostichus species in Statistical Subarea 88.3; and for *Electrona carlsbergi* in Statistical Subarea 48.3. The Commission prohibited directed fishing for *Dissostichus* species in Subarea 48.5 during the 2006/2007 fishing season. The Commission adopted a new measure that prohibits directed fishing on shark species in the Convention Area, other than for research purposes. Shark fishing will be prohibited at least until the status of shark populations and the effects of fishing are assessed. Bycatch The Commission agreed to extend the existing bycatch limits in Division 58.5.2 into the 2006/2007 season. The Commission also agreed to extend the existing bycatch limits and move-on rules for exploratory fisheries into the 2006/2007 season, taking account of the revised catch limit for *Dissostichus* species in Subareas 88.1 and 88.2 and the consequential change to the bycatch limits in those subareas. The Commission adopted a measure requiring that bycatch of sharks, especially juveniles and gravid females, taken accidentally in other fisheries will, as far as possible, be released alive. The Commission revised its resolution promoting international actions to reduce the incidental mortality of seabirds to further address fishing outside the CCAMLR Convention Area. The Commission requested that Contracting Parties engage with other Regional Fisheries Management Organizations (RFMO), strengthen input into RFMO meetings by including seabird experts on delegations and become involved in the development and implementation of seabird resolutions and other measures to reduce bycatch of albatrosses and petrels within RFMO jurisdictions. Such resolutions and measures might include mitigation measures, sharing information, exchanging observer-collected data on seabird mortalities, establishing of bycatch working groups, and evaluating fishery impacts on seabird populations. The Commission urged Contracting Parties to implement measures to reduce or eliminate seabird incidental mortality in fisheries outside the CCAMLR Convention Area; require their flagged vessels fishing in these areas to collect and report rates of incidental mortality of seabirds associated with each fishery, details of the seabird species involved, and estimate of total seabird mortality; and report to the CCAMLR Secretariat annually on the implementation of mitigation measures, including their effectiveness in reducing seabird incidental mortality. New and Exploratory Fishing Twelve Members submitted notifications for longline exploratory fisheries for toothfish in 2006/2007 in Subareas 48.6, 88.1, 88.2 and Divisions 58.4.1, 58.4.2, 58.4.3a and 58.4.3b. There were no notifications for new fisheries or for fisheries in closed areas. The Commission revised the general measures for exploratory fisheries for *Dissostichus* species in the Convention Area for the 2006/2007 season by requiring the Flag State of the vessel fishing for *Dissostichus* species to assume the responsibility for tagging, tag recovery and correct reporting. The Commission clarified that the fishing vessel must cooperate with the CCAMLR scientific observer in undertaking the tagging program and further elaborated the requirements of the tagging program. The Commission amended its measures on new and exploratory fisheries to clarify that the use of bottom trawls in high seas areas of the Convention Area is considered a new or exploratory fishery. The Commission now requires that information on the known and anticipated impacts of bottom trawls on vulnerable marine ecosystems, including on the benthos and benthic communities, must be included in the notifications of new or exploratory fisheries. Icefish The Commission adopted area specific conservation measures for *Champsocephalus gunnari* for the 2006/2007 season. The Commission set the overall catch limit for the *C. gunnari* trawl fishery in Subarea 48.3 for the November 15, 2006 to November 14, 2007 season at 4,337 tons, limited the catch of this total to 1,084 tons during the spawning period (March 1, 2007 through May 31, 2007) and continued previously adopted restrictions on the fishery. The Commission endorsed the Scientific Committee's recommendation that vessels in this fishery be encouraged to use net binding as a means to reduce seabird interaction and potential incidental mortality. The Commission set the catch limit for the *C. gunnari* trawl fishery within defined areas of Division 58.5.2 for the 2006/2007 season at 42 tons and retained previously adopted restrictions on, and reporting requirements for, the fishery. Crab The Commission set the total allowable catch level for the pot fishery for crab for the 2006/2007 fishing season at 1,600 tons and continued to limit participation to one vessel per member country conducted as an experimental harvest regime. Squid The Commission set the total allowable catch limit for the exploratory jig fishery for *Martialia hyadesi* for the 2006/2007 fishing season at 2,500 tons. Krill The Commission carried forward the precautionary catch limits for krill in Statistical Area 48 at 4.0 million tons overall and, as divided by subareas, at 1.008 million tons in Subarea 48.1, 1.104 million tons in Subarea 48.2, 1.056 million tons in Subarea 48.3, and 0.832 million tons in Subarea 48.4. Dissostichus Species The Commission set a combined catch limit of 3,554 tons for the longline and pot fisheries for *D. eleginoides* in the Shag Rocks and South Georgia areas of Subarea 48.3 in the 2006/2007 season. The Commission closed the West Shag Rocks area and set bycatch limits on other species. The Commission set a combined catch limit of 2,427 tons of *D. eleginoides* in Division 58.5.2 west of 79°20′ E from December 1, 2006, to November 30, 2007, for trawl and pot fishing and from May 1, 2007, to August 31, 2007, for longline fishing. The Commission extended the season to September 30 for vessels which complete longline sink rate testing using CCAMLR testing protocols. The Commission designated several *Dissostichus* fisheries as exploratory fisheries for the 2006/2007 fishing season. These fisheries are total allowable catch fisheries and are open only to the flagged vessels of countries that notified CCAMLR of an interest by named vessels to participate in the fisheries. The exploratory fisheries for *Dissostichus* species authorized by the Commission for the 2006/2007 fishing season are:
(1)longline fishing in Statistical Subarea 48.6 by no more than one vessel per country at any time by Japan, Republic of Korea, New Zealand and Norway;
(2)longline fishing in Statistical Division 58.4.1 by Australia (one vessel), Republic of Korea (two vessels), Namibia (one vessel), New Zealand (three vessels), Spain (one vessel) and Uruguay (one vessel);
(3)longline fishing in Statistical Division 58.4.2 by Australia (one vessel), Republic of Korea (three vessels), Namibia (one vessel), New Zealand (two vessels), Spain (one vessel) and Uruguay (one vessel);
(4)longline fishing in Statistical Division 58.4.3a (the Elan Bank) outside areas under national jurisdiction to no more than one vessel per country at any time by Japan, Republic of Korea and Spain;
(5)longline fishing in Statistical Division 58.4.3b (the BANZARE Bank) outside areas of national jurisdiction to no more than one vessel per country at any time by Australia, Republic of Korea, Namibia, Spain and Uruguay;
(6)longline fishing in Statistical Subarea 88.1 by Argentina (two vessels), Republic of Korea (three vessels), New Zealand (four vessels), Norway (one vessel), Russia (two vessels), South Africa (one vessel), Spain (one vessel), United Kingdom (two vessels), and Uruguay (five vessels); and
(7)longline fishing in Statistical Subarea 88.2 by Argentina (two vessels), New Zealand (four vessels), Norway (one vessel), Russia (two vessels), Spain (one vessel), United Kingdom (two vessels), and Uruguay (four vessels). Environmental Protection The Commission consolidated the environmental protection provisions of its annual fishery measures into a single conservation measure of continuing application. The new conservation measure applies to all directed fishing. These measures include provisions:
(1)prohibiting the use on fishing vessels of plastic packaging bands to secure bait boxes;
(2)prohibiting the use of other plastic packaging bands for other purposes on fishing vessels which do not use onboard incinerators (closed systems);
(3)requiring packaging bands once removed from packages to be cut so that they do not form a continuous loop and then incinerated at the earliest opportunity in an onboard incinerator;
(4)requiring that all plastic residue be stored on board the vessel until reaching port and in no case discarded at sea;
(5)prohibiting vessels fishing south of 60° S from dumping or discharging: oil or fuel products or oily residues into the sea (except as permitted under Annex I of MARPOL 73/78), garbage, food wastes not capable of passing through a screen with openings no greater than 25 mm, poultry or parts (including egg shells), sewage within 12 n miles of land or ice shelves, sewage while the ship is traveling at speeds of less than 4 knots, offal or incineration ash. Live poultry or other living birds may not be brought into areas south of 60° S and any dressed poultry not consumed must be removed from those areas. Requirements in previously adopted conservation measures prohibiting or regulating the disharge of offal in areas of the Convention north of 60° S were retained in the measures on incidental mortality of seabirds and marine mammals in longlines and trawls. Interim Prohibitions on the Use of Certain Gear The Commission adopted a measure restricting the use of bottom trawling gear in the high seas areas within the Convention Area through the 2007/08 fishing season. The Scientific Committee will review scientific evidence available by 2007 in order to establish relevant criteria to determine the impacts of bottom trawl fishing on oceanic ecosystems and, in particular, vulnerable bottom marine ecosystems in the Convention Area. The Commission revised existing measures regulating new fisheries and exploratory fisheries to require approval by the Commission of new or exploratory bottom trawling fishing operations before such operations can occur within the Convention Area. The Commission adopted a measure imposing an interim prohibition on the use of gillnets, for purposes other than scientific research, in the Convention Area. Gillnets are defined by the measure as strings of single, double or triple netting walls, vertical, near by the surface, in midwater or on the bottom, in which fish will gill, entangle or enmesh. Gillnets have floats on the upper line (headrope) and, in general, weights on the ground-line (footrope). Gillnets consist of single or less commonly, double or triple netting (known as “trammel net”) mounted together, on the same frame ropes. Several types of nets may be combined in one gear (for example, trammel net combined with gillnet). These nets can be used either alone or, as is more usual, in large numbers placed in line (“fleets” of nets). The gear can be set, anchored to the bottom or left drifting, free or connected with the vessel. The use of gillnets in the Convention Area is prohibited until the Scientific Committee has investigated and reported on the potential impacts of this gear. Fishing Vessel Reporting The Commission revised its measure on the licensing and inspection obligations of Contracting Parties to require that fishing vessels licensed by the Contracting Party report, where possible, sightings of fishing vessels and support vessels in the Convention Area. The report must include as much information as possible on the name and description of the vessel; the vessel call sign; the registration and Lloyd's/IMO number of the vessel; the Flag State of the vessel; photographs of the vessel to support the report; and any other information regarding the observed activities of the sighted vessel. The report must be forwarded by the master of the vessel licensed by the Contracting Party to its Flag State as soon as possible. The Commission revised its measure on automated satellite-linked vessel monitoring systems to require that for vessels intending to enter an area of the Convention Area closed to fishing, or an area of the Convention Area for which it is not licensed to fish, the Flag State shall provide notification to the Secretariat of the vessel's intention. The Flag State may permit or direct that such notifications be provided by the vessel directly to the CCAMLR Secretariat. Contracting Party Data Reporting The Commission adopted a measure requiring that all Contracting Parties intending to fish for krill in the Convention Area notify the Secretariat no later than four months in advance of the regular annual meeting of the Commission, immediately prior to the season in which they intend to fish. The Commission revised its measure on automated satellite-linked vessel monitoring systems to require that when the CCAMLR Secretariat receives VMS data that indicates the presence of a vessel
(1)in an area or subarea for which no license details have been provided by the Flag State to the Secretariat, or
(2)in any area or subarea for which the Flag State or fishing vessel has not provided prior notification, the Secretariat shall notify the Flag State and require an explanation. The explanation will be forwarded to the Secretariat for evaluation by the Commission at its next annual meeting. Catch Documentation Scheme The Commission revised its measure on the Catch Documentation Scheme
(CDS)to include a procedure for cooperation with CCAMLR by non-Contracting Parties involved in the trade of *Dissostichus* species. The Commission also revised the CDS measure to clarify that only government officials may request and examine the documentation of each shipment of *Dissostichus* species imported into or exported from its territory to verify that it includes validated documents. Illegal, Unregulated and Unreported Fishing The Commission approved a combined list of Contracting Party Vessels and non-Contracting Party Vessels suspected of illegal, unregulated or unreported fishing or trading (the IUU Vessel List). A number of vessels on the combined IUU Vessel List have been identified on previous lists by other names and flags. The combined list is posted on the public section of the CCAMLR website ( *www.ccamlr.org* ). A vessel on the IUU Vessel List will not be permitted to participate in exploratory fisheries. Contracting Parties are urged to prohibit trade with the vessels on the CCAMLR IUU Vessel List. The Commission revised the schemes to promote compliance by Contracting Party and non-Contracting Party vessels with CCAMLR conservation measures. As revised the schemes now require that Contracting Parties deny port access to vessels on the IUU Vessel List unless for the purpose of enforcement action or for reasons of force majeure or for rendering assistance to vessels, or persons on those vessels, in danger or distress. Vessels allowed entry to a Contracting Party port are to be inspected in accordance with CCAMLR conservation measures on inspection. Where port access is granted to such vessels Contracting Parties are required to examine documentation and other information, including Dissostichus Catch Documents, with a view to verifying the area in which the catch was taken. Where the origin of the catch cannot be adequately verified, Contracting Parties are required to detain the catch or refuse any landing or transshipment of the catch. When catch is found to be in contravention of CCAMLR conservation measures, Contracting Parties should, where possible, confiscate the catch; and prohibit all support to vessels with such catch, including non-emergency refueling, resupplying and repairs. The Commission adopted a new scheme to promote compliance by Contracting Party nationals with CCAMLR conservation measures. The scheme requires Contracting Parties to take appropriate measures to verify if any natural or legal persons subject to their jurisdiction are engaged in IUU fishing activities and take appropriate actions, including seeking cooperation by industries within their jurisdiction. Contracting Parties are required to submit reports on actions taken with respect to the scheme to the CCAMLR Secretariat and to Contracting Parties and non-Contracting Parties cooperating with CCAMLR for purposes of implementing the CDS. The scheme will be binding on Contracting Parties beginning July 1, 2008. The Commission adopted a resolution urging Contracting Parties to pursue diplomatic and other actions with non- Contracting Parties to combat IUU fishing. Authority: 16 U.S.C. 2431 *et seq.* Dated: March 14, 2007. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E7-5050 Filed 3-19-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 081806E] Marine Mammals and Endangered Species; File No. 1076-1789 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that the Alliance of Marine Mammal Parks and Aquariums (The Alliance), 418 North Pitt Street, Alexandria, Virginia 22314 (Kristi West, Ph.D., Principal Investigator) has been issued a permit to import and export parts from all cetaceans and pinniped species (excluding walrus) for purposes of scientific research. ADDRESSES: The application and related documents are available for review upon written request or by appointment (See SUPPLEMENTARY INFORMATION ). FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Amy Sloan, (301)713-2289. SUPPLEMENTARY INFORMATION: On November 17, 2005, notice was published in the **Federal Register** (70 FR 69743) that a request for a scientific research permit had been submitted by the above-named organization. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 18 and 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226) and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 *et seq.* ). The Alliance has been issued a scientific research permit to receive, import and export a specified number of marine mammal specimens (cetaceans and pinnipeds, except for walrus) under the jurisdiction of NMFS to study and document the health and biology of wild marine mammals as well as those marine mammals maintained in public display, research, or stranding facilities or from samples taken during other permitted research. Only specimens collected legally and in a humane manner would be authorized by the permit. Sources of samples may include animals that have already died and from captive animals during routine husbandry procedures. No animals may be intentionally killed for the purpose of collecting specimens, and no money can be offered for the specimens. Specimens may be taken world-wide at anytime of the year for up to five years. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Issuance of this permit, as required by the ESA, was based on a finding that such permit:
(1)was applied for in good faith;
(2)will not operate to the disadvantage of such endangered species; and
(3)is consistent with the purposes and policies set forth in section 2 of the ESA. Documents may be reviewed in the following locations: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)713-0376; *http://www.nmfs.noaa.gov/pr/permits/review.htm* ; Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426; Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907)586-7221; fax (907)586-7249; Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018; Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814-4700; phone (808)973-2935; fax (808)973-2941; Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298; phone (978)281-9200; fax (978)281-9371; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, Florida 33701; phone (727)824-5312; fax (727)824-5309. Dated: March 14, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-5053 Filed 3-19-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D.#031207C] Marine Mammals; File No. 774-1847-01 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit amendment. SUMMARY: Notice is hereby given that NMFS Southwest Fisheries Science Center, Antarctic Marine Living Resources Program (Rennie Holt, Ph.D., Principal Investigator), 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued an amendment to scientific research Permit No. 774-1847. ADDRESSES: The amendment and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018. FOR FURTHER INFORMATION CONTACT: Kate Swails or Tammy Adams, (301)713-2289. SUPPLEMENTARY INFORMATION: On January 23, 2007 notice was published in the **Federal Register** (72 FR 2868) that an amendment of Permit No. 774-1847, issued September 11, 2006 (71 FR 53423) had been requested by the above-named organization. The requested amendment has been granted under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). Permit No. 774-1847 authorizes the permit holder to continue a long-term ecosystem monitoring program of pinniped species in the South Shetland Islands, Antarctica. The permit holder is authorized to take up to 710 Antarctic fur seals ( *Arctophalus gazell* ) and 20 leopard seals ( *Hydrurga leptonyx* ) annually. The animals are captured, measured, weighed, tagged, blood sampled, and have time-depth recorders, VHF transmitters, and platform terminal transmitters attached. A subset of fur seals are given an enema, have a tooth extracted, milk sampled, and are part of a doubly-labeled water study on energetics. A subset of leopard seals are blubber and muscle sampled. The amendment authorizes the permit holder to increase annual research-related mortality to eight Antarctic fur seals (3 adults and 5 pups) and two leopard seals. Permit conditions are such that research must be stopped when the mortality level is reached. The amendment is intended to allow the continuation of the long-term monitoring studies in the event of greater than anticipated levels of research-related mortality. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: March 14, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-5055 Filed 3-19-07; 8:45 am] BILLING CODE 3510-22-S COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings Time and Date: 11 a.m., Friday, April 6, 2007. Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. Status: Closed. Matters to be Considered: Surveillance Matters. Contact person for More Information: Eileen A. Donovan, 202-418-5100. Eileen A. Donovan, Acting Secretary of the Commission. [FR Doc. 07-1364 Filed 3-15-07; 4:43 pm]
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