Federal Consistency Appeal by Puerto Rico Highway and Transportation Authority From an Objection by the Puerto Rico Planning Board, 61789-61790 [05-21384]
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Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices
for Revocation in Part, 70 FR 51009
(August 29, 2005). On September 29,
2005, Moline e Pastificio Tomasello
S.r.L. withdrew its request for review.
No other party requested a review for
Moline e Pastificio Tomasello S.r.L..
Scope of the Countervailing Duty Order
Imports covered by this order are
shipments of certain non–egg dry pasta
in packages of five pounds (2.27
kilograms) or less, whether or not
enriched or fortified or containing milk
or other optional ingredients such as
chopped vegetables, vegetable purees,
milk, gluten, diastases, vitamins,
coloring and flavorings, and up to two
percent egg white. The pasta covered by
this scope is typically sold in the retail
market, in fiberboard or cardboard
cartons, or polyethylene or
polypropylene bags of varying
dimensions.
Excluded from the scope of this order
are refrigerated, frozen, or canned
pastas, as well as all forms of egg pasta,
with the exception of non–egg dry pasta
containing up to two percent egg white.
Also excluded are imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by the
Instituto Mediterraneo Di Certificazione,
Bioagricoop S.r.l., QC&I International
Services, Ecocert Italia, Consorzio per il
Controllo dei Prodotti Biologici,
Associazione Italiana per l’Agricoltura
Biologica, or Codex S.r.L. In addition,
based on publically available
information, the Department has
determined that, as of August 4, 2004,
imports of organic pasta from Italy that
are accompanied by the appropriate
certificate issued by Bioagricert S.r.l. are
also excluded from this order. See
Memorandum from Eric B. Greynolds to
Melissa G. Skinner, dated August 4,
2004, which is on file in the
Department’s Central Records Unit
(‘‘CRU’’) in Room B–099 of the main
Department building.
The merchandise subject to review is
currently classifiable under item
1902.19.20 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to the order is dispositive.
The Department has issued the
following scope rulings:
1. On August 25, 1997, the
Department issued a scope ruling that
multicolored pasta, imported in kitchen
display bottles of decorative glass that
are sealed with cork or paraffin and
bound with raffia, is excluded from the
scope of the antidumping and
countervailing duty orders. See
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16:26 Oct 25, 2005
Jkt 208001
Memorandum from Edward Easton to
Richard Moreland, dated August 25,
1997, which is on file in the CRU.
2. On July 30, 1998, the Department
issued a scope ruling, finding that
multipacks consisting of six one–pound
packages of pasta that are shrink–
wrapped into a single package are
within the scope of the antidumping
and countervailing duty orders. See
Letter from Susan H. Kuhbach to
Barbara P. Sidari, dated July 30, 1998,
which is available in the CRU.
3. On October 23, 1997, the
petitioners filed an application
requesting that the Department initiate
an anti–circumvention investigation of
Barilla S.r.L. (‘‘Barilla’’), an Italian
producer and exporter of pasta. The
Department initiated the investigation
on December 8, 1997. See Initiation of
Anti–Circumvention Inquiry on
Antidumping Duty Order on Certain
Pasta From Italy, 62 FR 65673
(December 15, 1997). On October 5,
1998, the Department issued its final
determination that, pursuant to section
781(a) of the Tariff Act of 1930, as
amended by the Uruguay Round
Agreements Act effective January 1,
1995 (‘‘the Act’’), circumvention of the
antidumping order on pasta from Italy
was occurring by reason of exports of
bulk pasta from Italy produced by
Barilla which subsequently were
repackaged in the United States into
packages of five pounds or less for sale
in the United States. See Anti–
Circumvention Inquiry of the
Antidumping Duty Order on Certain
Pasta from Italy: Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order, 63 FR 54672
(October 13, 1998).
4. On October 26, 1998, the
Department self–initiated a scope
inquiry to determine whether a package
weighing over five pounds as a result of
allowable industry tolerances is within
the scope of the antidumping and
countervailing duty orders. On May 24,
1999, we issued a final scope ruling
finding that, effective October 26, 1998,
pasta in packages weighing or labeled
up to (and including) five pounds four
ounces is within the scope of the
antidumping and countervailing duty
orders. See Memorandum from John
Brinkmann to Richard Moreland, dated
May 24, 1999, which is available in the
CRU.
5. On April 27, 2000, the Department
self–initiated an anti–circumvention
inquiry to determine whether Pastificio
Fratelli Pagani S.p.A.’s importation of
pasta in bulk and subsequent
repackaging in the United States into
packages of five pounds or less
constitutes circumvention with respect
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61789
to the antidumping and countervailing
duty orders on pasta from Italy pursuant
to section 781(a) of the Act and 19 CFR
351.225(b). See Certain Pasta from Italy:
Notice of Initiation of Anti–
circumvention Inquiry of the
Antidumping and Countervailing Duty
Orders, 65 FR 26179 (May 5, 2000). On
September 19, 2003, we published an
affirmative finding of the anti–
circumvention inquiry. See Anti–
Circumvention Inquiry of the
Antidumping and Countervailing Duty
Orders on Certain Pasta from Italy:
Affirmative Final Determinations of
Circumvention of Antidumping and
Countervailing Duty Orders, 68 FR
54888 (September 19, 2003).
Rescission of Review
The Department’s regulations at
351.213(d)(1) provide that the
Department will rescind an
administrative review, 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. Moline e
Pastificio Tomasello S.r.L. withdrew its
request for an administrative review on
September 15, 2005, which is within the
90–day deadline, and no other party
requested a review with respect to this
company. Therefore, the Department is
rescinding this administrative review, in
part, for Moline e Pastificio Tomasello
S.r.L.
This notice is issued and published in
accordance with 19 CFR 351.213(d)(4).
Dated: October 20, 2005.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5952 Filed 10–25–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Federal Consistency Appeal by Puerto
Rico Highway and Transportation
Authority From an Objection by the
Puerto Rico Planning Board
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of appeal and request for
comments.
AGENCY:
SUMMARY: This announcement provides
notice that the Puerto Rico Highway and
Transportation Authority has filed an
administrative appeal with the
Department of Commerce asking that
the Secretary override the Puerto Rico
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61790
Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices
Planning Board’s objection to a
consistency certification prepared in
conjunction with the proposed
reconstruction of a stone revetment and
replacement of a bridge at Aguadilla
Bay.
DATES: Public and federal agency
comments on the appeal are due within
30 days of the publication of this notice.
ADDRESSES: All e-mail comments on
issues relevant to the Secretary’s
decision in this appeal may be
submitted to
prhighway.comments@noaa.gov.
Comments may also be sent by mail to
Brett Grosko, Attorney-Adviser, Office
of the General Counsel for Ocean
Services, National Oceanic and
Atmospheric Administration, U.S.
Department of Commerce, 1305 EastWest Highway, Room 6111 Silver
Spring, MD 20910. Materials from the
appeal record will be available at the
NOAA Office of the General Counsel for
Oceanic Services. In addition, public
filings made by the parties to the appeal
will be available at the office of the
Puerto Rico Planning Board.
FOR FURTHER INFORMATION CONTACT:
Brett Grosko, Attorney-Adviser, NOAA
Office of the General Counsel, 301–713–
7384.
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
The Puerto Rico Highway and
Transportation Authority (PRHTA) has
filed a notice of appeal with the
Secretary of Commerce pursuant to the
Coastal Zone Management Act of 1972
(CZMA), 16 U.S.C. 1451 et seq., and
implementing regulations found at 15
CFR Part 930, Subpart H. The PRHTA
appealed an objection raised by the
Puerto Rico Planning Board to a
consistency certification contained
within its application to the U.S. Army
Corps of Engineers for a permit
necessary to reconstruct a stone
revetment and replace a bridge at
Aguadilla Bay.
The Appellant requests that the
Secretary override the Puerto Rico
Planning Board’s consistency objection
on the basis that the proposed activity
is ‘‘consistent with the objectives’’ of the
CZMA. To make this determination, the
Secretary must find that: (1) The
proposed activity furthers the national
interest as articulated in section 302 or
303 of the CZMA, in a significant or
substantial manner; (2) the adverse
effects of the proposed activity do not
outweigh its contribution to the national
interest, when those effects are
considered separately or cumulatively;
and (3) no reasonable alternative is
available that would permit the activity
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16:26 Oct 25, 2005
Jkt 208001
to be conducted in a manner consistent
with enforceable policies of Puerto
Rico’s management program. 15 CFR
930.121. The Appellant also requests
that the Secretary override the Puerto
Rico Planning Board’s consistency
objection on the basis that the proposed
activity is necessary in the interest of
national security. To reach this
conclusion, the Secretary must find that
a national defense or other national
security interest would be significantly
impaired were the activity in question
not permitted to go forward as
proposed. 15 CFR 930.122.
II. Public and Federal Agency
Comments
Written public comments are invited
on any of the issues that the Secretary
must consider in deciding this appeal.
Comments must be received within 30
days of the publication of this notice,
and may be submitted by e-mail to
prhighway.comments@noaa.gov.
Comments may also be sent to Brett
Grosko, Attorney-Adviser, NOAA Office
of the General Counsel for Ocean
Services, National Oceanic and
Atmospheric Administration, U.S.
Department of Commerce, 1305 EastWest Highway, Room 6111, Silver
Spring, MD 20910. Comments will be
made available to the PRHTA and the
Puerto Rico Planning Board.
III. Appeal Documents
NOAA intends to provide the public
with access to all materials and related
documents comprising the appeal
record during business hours, at the
NOAA Office of the General Counsel for
Ocean Services. In addition, copies of
public filings by the parties will be
available for review at the offices of the
Puerto Rico Planning Board.
For additional information about this
appeal contact Brett Grosko, 301–713–
7384.
Dated: October 19, 2005.
James R. Walpole,
General Counsel.
[Federal Domestic Assistance Catalog
No. 11.419 Coastal Zone Management
Program Assistance.]
[FR Doc. 05–21384 Filed 10–25–05; 8:45 am]
BILLING CODE 3510–08–M
PO 00000
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 102005A]
North Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
SUMMARY: The North Pacific Fishery
Management Council’s (NPFMC) Gulf of
Alaska (GOA) and Bering Sea/Aleutian
Islands (BS/AI) groundfish plan teams
will meet in Seattle.
DATES: The meetings will be held on
November 14–18, 2005.
ADDRESSES: The meetings will be held at
the Alaska Fisheries Science Center,
7600 Sand Point Way NE., Bldg. 4,
Room 2039 (BS/AI Plan Team) and
Room 2076 (GOA Plan Team), Seattle,
WA.
Council address: North Pacific
Fishery Management Council, 605 W.
4th Ave., Suite 306, Anchorage, AK
99501–2252.
FOR FURTHER INFORMATION CONTACT: Jane
DiCosimo, Diana Stram, NPFMC,
telephone: (907) 271–2809.
SUPPLEMENTARY INFORMATION: The
meetings will begin at 1 p.m. on
Monday, November 14, and continue
through Friday, November 18.
The Teams will prepare the final
Economic Stock Assessment Fishery
Evaluation (SAFE) report, Ecosystem
chapter, GOA and BSAI Groundfish
SAFE reports and recommend Final
acceptable biological catch
Specifications for 2006/07 Groundfish
fisheries.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the NPFMC’s intent to take
final action to address the emergency.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Gail Bendixen,
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]]>Agencies
[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61789-61790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21384]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Puerto Rico Highway and
Transportation Authority From an Objection by the Puerto Rico Planning
Board
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of appeal and request for comments.
-----------------------------------------------------------------------
SUMMARY: This announcement provides notice that the Puerto Rico Highway
and Transportation Authority has filed an administrative appeal with
the Department of Commerce asking that the Secretary override the
Puerto Rico
[[Page 61790]]
Planning Board's objection to a consistency certification prepared in
conjunction with the proposed reconstruction of a stone revetment and
replacement of a bridge at Aguadilla Bay.
DATES: Public and federal agency comments on the appeal are due within
30 days of the publication of this notice.
ADDRESSES: All e-mail comments on issues relevant to the Secretary's
decision in this appeal may be submitted to
prhighway.comments@noaa.gov. Comments may also be sent by mail to Brett
Grosko, Attorney-Adviser, Office of the General Counsel for Ocean
Services, National Oceanic and Atmospheric Administration, U.S.
Department of Commerce, 1305 East-West Highway, Room 6111 Silver
Spring, MD 20910. Materials from the appeal record will be available at
the NOAA Office of the General Counsel for Oceanic Services. In
addition, public filings made by the parties to the appeal will be
available at the office of the Puerto Rico Planning Board.
FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Adviser, NOAA
Office of the General Counsel, 301-713-7384.
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
The Puerto Rico Highway and Transportation Authority (PRHTA) has
filed a notice of appeal with the Secretary of Commerce pursuant to the
Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq., and
implementing regulations found at 15 CFR Part 930, Subpart H. The PRHTA
appealed an objection raised by the Puerto Rico Planning Board to a
consistency certification contained within its application to the U.S.
Army Corps of Engineers for a permit necessary to reconstruct a stone
revetment and replace a bridge at Aguadilla Bay.
The Appellant requests that the Secretary override the Puerto Rico
Planning Board's consistency objection on the basis that the proposed
activity is ``consistent with the objectives'' of the CZMA. To make
this determination, the Secretary must find that: (1) The proposed
activity furthers the national interest as articulated in section 302
or 303 of the CZMA, in a significant or substantial manner; (2) the
adverse effects of the proposed activity do not outweigh its
contribution to the national interest, when those effects are
considered separately or cumulatively; and (3) no reasonable
alternative is available that would permit the activity to be conducted
in a manner consistent with enforceable policies of Puerto Rico's
management program. 15 CFR 930.121. The Appellant also requests that
the Secretary override the Puerto Rico Planning Board's consistency
objection on the basis that the proposed activity is necessary in the
interest of national security. To reach this conclusion, the Secretary
must find that a national defense or other national security interest
would be significantly impaired were the activity in question not
permitted to go forward as proposed. 15 CFR 930.122.
II. Public and Federal Agency Comments
Written public comments are invited on any of the issues that the
Secretary must consider in deciding this appeal. Comments must be
received within 30 days of the publication of this notice, and may be
submitted by e-mail to prhighway.comments@noaa.gov. Comments may also
be sent to Brett Grosko, Attorney-Adviser, NOAA Office of the General
Counsel for Ocean Services, National Oceanic and Atmospheric
Administration, U.S. Department of Commerce, 1305 East-West Highway,
Room 6111, Silver Spring, MD 20910. Comments will be made available to
the PRHTA and the Puerto Rico Planning Board.
III. Appeal Documents
NOAA intends to provide the public with access to all materials and
related documents comprising the appeal record during business hours,
at the NOAA Office of the General Counsel for Ocean Services. In
addition, copies of public filings by the parties will be available for
review at the offices of the Puerto Rico Planning Board.
For additional information about this appeal contact Brett Grosko,
301-713-7384.
Dated: October 19, 2005.
James R. Walpole,
General Counsel.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management
Program Assistance.]
[FR Doc. 05-21384 Filed 10-25-05; 8:45 am]
BILLING CODE 3510-08-M
