North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 49567-49568 [05-16769]
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Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar from India:
Extension of Time Limit for the Final
Results of the Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is extending the time limit for the final
results of the administrative review of
the antidumping duty order on stainless
steel bar from India. The period of
review is February 1, 2003, through
January 31, 2004. This extension is
made pursuant to section 751(a)(3)(A) of
the Tariff Act of 1930, as amended by
the Uruguay Round Agreements Act.
EFFECTIVE DATE: August 24, 2005.
FOR FURTHER INFORMATION CONTACT:
Scott Holland, 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)
482–1279.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2005, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of the
administrative review of the
antidumping duty order on stainless
steel bar from India covering the period
February 1, 2003, through January 31,
2004. See Notice of Preliminary Results
and Partial Rescission of Antidumping
Duty Administrative Review: Stainless
Steel Bar from India, 70 FR 10977
(March 7, 2005). On June 1, 2005, the
Department published in the Federal
Register an extension of the time limit
for the final results in the antidumping
duty review to no later than August 25,
2005, in accordance with the Tariff Act
of 1930, as amended (‘‘the Act’’). See
Stainless Steel Bar from India:
Extension of Time Limit for the Final
Results of the Antidumping Duty
Administrative Review, 70 FR 31425
(June 1, 2005).
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Act
requires the Department to issue the
preliminary results of an administrative
review within 245 days after the last day
of the anniversary month of an
antidumping duty order for which a
review is requested and issue the final
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15:23 Aug 23, 2005
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results within 120 days after the date on
which the preliminary results are
published. However, if it is not
practicable to complete the review
within the time period, section
751(a)(3)(A) of the Act allows the
Department to extend these deadlines to
a maximum of 365 days and 180 days,
respectively.
On July 29, 2005, Carpenter
Technology Corp., Crucible Specialty
Metals Division of Crucible Materials
Corp., Electralloy Corp., Slater Steels
Corp., Empire Specialty Steel and the
United Steelworkers of America (AFL–
CIO/CLC) (collectively, the
‘‘petitioners’’), timely filed a case brief
for the Department’s final results of the
administrative review. In order to allow
sufficient time for the Department to
analyze the complex arguments
contained in the petitioners’ case brief,
we find that it is not practicable to
complete this review within the
originally anticipated time limit (i.e., by
August 25, 2005). Accordingly, the
Department is extending the time limit
for completion of the final results to no
later than September 6, 2005, in
accordance with section 751(a)(3)(A) of
the Act.
This notice is issued and published in
accordance with section 751(a)(3)(A) of
the Act.
Dated: August 18, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–4631 Filed 8–23–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade
Agreement, Article 1904 NAFTA Panel
Reviews; Request for Panel Review
AGENCY: NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of First Request for Panel
Review.
SUMMARY: On August 18, 2005,
ThyssenKrupp Mexinox S.A. de C.V.
and Mexinox USA, Inc. (collectively
‘‘Mexinox’’) filed a First Request for
Panel Review with the United States
Section of the NAFTA Secretariat
pursuant to Article 1904 of the North
American Free Trade Agreement. Panel
review was requested of the Five Year
Review of the AD and CVD Order made
by the International Trade Commission,
respecting Stainless Steel Sheet and
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49567
Strip in Coils from France, Germany,
Italy, Japan, Korea, Mexico, Taiwan and
the United Kingdom. The determination
was published in the Federal Register
(70 Fed. Reg. 41236) on July 18, 2005
The NAFTA Secretariat has assigned
Case Number USA–MEX–2005–1904–06
to this request.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686).
A first Request for Panel Review was
filed with the United States Section of
the NAFTA Secretariat, pursuant to
Article 1904 of the Agreement, on
August 18, 2005, requesting panel
review of the determination and order
described above.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is September 16, 2005);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
October 3, 2005); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including the jurisdiction of the
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49568
Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices
investigating authority, that are set out
in the Complaints filed in the panel
review and the procedural and
substantive defenses raised in the panel
review.
Dated: August 18, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05–16769 Filed 8–23–05; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 030905A]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of
Offshore Structures in the Gulf of
Mexico
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of application
for an incidental take authorization;
request for comments and information.
SUMMARY: NMFS has received a request
from the Minerals Management Service
(MMS), for authorization to harass small
numbers of marine mammals incidental
to explosive severance activities at
offshore oil and gas structures in the
Gulf of Mexico (GOM) outer continental
shelf (OCS). As a result of this request,
NMFS is considering whether to
promulgate rulemaking, that if
implemented, would govern the
incidental taking of marine mammals
under individual Letters of
Authorization (LOAs) issued to
participants in this industry to take
marine mammals by Level A and Level
B harassment. In order to promulgate
regulations and issue LOAs thereunder,
NMFS must determine that these
takings will have a negligible impact on
the affected species and stocks of
marine mammals. NMFS invites
comment on MMS’ application, and
suggestions on the content of the
regulations.
DATES: Comments and information must
be received no later than September 23,
2005.
ADDRESSES: Comments on the
application should be addressed to
Steve Leathery, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
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15:23 Aug 23, 2005
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contact listed here. The mailbox address
for providing email comments is
PR1.030905A@noaa.gov. Comments
sent via e-mail, including all
attachments, must not exceed a 10–
megabyte file size. A copy of the
application containing a list of the
references used in this document may
be obtained by writing to this address or
by telephoning the contact listed here
and is also available at: https://
www.nmfs.noaa.gov/protlres/PR2/
SmalllTake/
smalltakelinfo.htm#applications.
A copy of MMS’ Programmatic
Environmental Assessment (PEA) is
available on-line at:https://
www.gomr.mms.gov/homepg/regulate/
environ/nepa/2005–013.pdf
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Hollingshead, NMFS, 301–
713–2055, ext 128.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(D)
of the Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.)(MMPA) direct
the Secretary of Commerce (Secretary)
to allow, upon request, the incidental,
but not intentional taking of small
numbers of marine mammals by U.S.
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and
regulations are issued.
An authorization may be granted if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses, and if the permissible
methods of taking and requirements
pertaining to the monitoring and
reporting of such takings are set forth.
NMFS has defined ‘‘negligible impact’’
in 50 CFR 216.103 as ’’...an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.’’
Except for certain categories of activities
not pertinent here, the MMPA defines
‘‘harassment’’ as: any act of pursuit,
torment, or annoyance which
(i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
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Summary of Request
On February 28, 2005, NMFS received
an application from MMS (MMS, 2005a)
requesting, on behalf of the offshore oil
and gas industry, authorization under
section 101(a)(5)(A) of the Marine
Mammal Protection Act (MMPA) to
harass marine mammals incidental to
explosive severance activities at
offshore oil and gas structures in the
GOM OCS.
Description of the Activity
During exploration, development, and
production operations for mineral
extraction in the GOM OCS, the seafloor
around activity areas becomes the
repository of temporary and permanent
equipment and structures. In
compliance with OCS Lands Act
(OCSLA) regulations and MMS
guidelines, operators are required to
remove or ‘‘decommission’’ seafloor
obstructions from their leases within
one year of lease termination or after a
structure has been deemed obsolete or
unusable. To accomplish these
removals, a host of activities is required
to (1) mobilize necessary equipment and
service vessels, (2) prepare the
decommissioning targets (e.g., piles,
jackets, conductors, bracings, wells,
pipelines, etc.), (3) sever the target from
the seabed and/or sever it into
manageable components, (4) salvage the
severed portion(s), and (5) conduct final
site-clearance verification work.
There are two primary methodologies
used in the GOM for cutting
decommissioning targets; nonexplosive
and explosive severance. Nonexplosive
methods include abrasive cutters (sand
and abrasive-water jets), mechanical
cutters (e.g., carbide or rotary), diamond
wire cutting devices, and cutting
facilitated by commercial divers using
arc/gas torches. Though relatively timeconsuming and potentially harmful to
human health and safety (primarily for
diver severances), nonexplosiveseverance activities have little or no
impact on the marine environment and
would not result in an incidental take of
marine mammals (MMS, 2005bProgrammatic Environmental
Assessment (PEA)). A description of
non-explosive severing tools and
methods can be found in MMS’
application and the PEA (section
1.4.7.1)(see ADDRESSES).
Explosive-severance activities use
specialized charges to achieve target
severance. Severance charges can be
deployed on multiple targets and
detonated nearly-simultaneously (i.e.,
staggered at an interval of 900 msec)
effecting rapid severances. Coupled
with safe-handling practices, the
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]]>Agencies
[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Notices]
[Pages 49567-49568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16769]
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DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade Agreement, Article 1904 NAFTA Panel
Reviews; Request for Panel Review
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of First Request for Panel Review.
-----------------------------------------------------------------------
SUMMARY: On August 18, 2005, ThyssenKrupp Mexinox S.A. de C.V. and
Mexinox USA, Inc. (collectively ``Mexinox'') filed a First Request for
Panel Review with the United States Section of the NAFTA Secretariat
pursuant to Article 1904 of the North American Free Trade Agreement.
Panel review was requested of the Five Year Review of the AD and CVD
Order made by the International Trade Commission, respecting Stainless
Steel Sheet and Strip in Coils from France, Germany, Italy, Japan,
Korea, Mexico, Taiwan and the United Kingdom. The determination was
published in the Federal Register (70 Fed. Reg. 41236) on July 18, 2005
The NAFTA Secretariat has assigned Case Number USA-MEX-2005-1904-06 to
this request.
FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482-5438.
SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade
Agreement (``Agreement'') establishes a mechanism to replace domestic
judicial review of final determinations in antidumping and
countervailing duty cases involving imports from a NAFTA country with
review by independent binational panels. When a Request for Panel
Review is filed, a panel is established to act in place of national
courts to review expeditiously the final determination to determine
whether it conforms with the antidumping or countervailing duty law of
the country that made the determination.
Under Article 1904 of the Agreement, which came into force on
January 1, 1994, the Government of the United States, the Government of
Canada and the Government of Mexico established Rules of Procedure for
Article 1904 Binational Panel Reviews (``Rules''). These Rules were
published in the Federal Register on February 23, 1994 (59 FR 8686).
A first Request for Panel Review was filed with the United States
Section of the NAFTA Secretariat, pursuant to Article 1904 of the
Agreement, on August 18, 2005, requesting panel review of the
determination and order described above.
The Rules provide that:
(a) A Party or interested person may challenge the final
determination in whole or in part by filing a Complaint in accordance
with Rule 39 within 30 days after the filing of the first Request for
Panel Review (the deadline for filing a Complaint is September 16,
2005);
(b) A Party, investigating authority or interested person that does
not file a Complaint but that intends to appear in support of any
reviewable portion of the final determination may participate in the
panel review by filing a Notice of Appearance in accordance with Rule
40 within 45 days after the filing of the first Request for Panel
Review (the deadline for filing a Notice of Appearance is October 3,
2005); and
(c) The panel review shall be limited to the allegations of error
of fact or law, including the jurisdiction of the
[[Page 49568]]
investigating authority, that are set out in the Complaints filed in
the panel review and the procedural and substantive defenses raised in
the panel review.
Dated: August 18, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-16769 Filed 8-23-05; 8:45 am]
BILLING CODE 3510-GT-P
