Endangered and Threatened Species; Recovery Plans; Final Recovery Plan for Southern Resident Killer Whales, 4176-4177 [E8-1206]
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4176
Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Notices
Analysis of Comments Received
All issues raised in the postpreliminary comments by parties in this
review are addressed in the
memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, Issues and Decision
Memorandum for the Final Results of
Certain Helical Spring Lock Washers
from the People’s Republic of China
(January 15, 2008) (‘‘Issues and Decision
Memorandum’’), which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum is attached to
this notice as an appendix. The Issues
and Decision Memorandum is a public
document and is on file in the Central
Records Unit (‘‘CRU’’) in room B–099 in
the main Commerce Department
building, and is also accessible on the
Web at https://ia.ita.doc.gov/frn. The
paper copy and electronic version of the
memorandum are identical in content.
jlentini on PROD1PC65 with NOTICES
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made changes in the
margin calculations for HSW. See Issues
and Decision Memorandum at
Comments 1–3 and Comment 6.
We revised the calculation of the
adverse facts available rate we have
applied to packing usage rates for sales
we did not verify. Specifically, we
calculated a simple average exclusive of
sales for which HSW over-stated that
actual packing material usage, and used
this rate to inflate the packing usage
rates of all the sales that were not
verified. See Comment 1.
We changed our surrogate value for
steel wire rod (‘‘SWR’’) and are using
Indian imports from Harmonized Tariff
Schedule (‘‘HTS’’) numbers 7213.91 and
7213.99 to value SWR for the final
results. We will weight-average HTS
numbers 7213.91 and 7213.99 based on
the March 2006 inventory-out quantities
obtained at verification. See Comment 2.
We have included Indian imports
from Germany in our SWR surrogate
value calculation. We have excluded
Indian imports from South Africa and
Brazil in our SWR surrogate value
calculation. See Comment 3.
We have excluded imports from North
Korea and Belgium stainless SWR
surrogate value calculation. See
Comment 3.
We have revised our calculations of
Suchi’s financial ratios in two ways.
First, we have not included octroi,
insurance, and freight forwarding
expenses in the calculations of Suchi’s
VerDate Aug<31>2005
20:35 Jan 23, 2008
Jkt 214001
financial ratios. Second, we have
excluded traded goods from the
overhead ratio, but included traded
goods in the SG&A and profit ratios. See
Comment 6.
Final Results of Review
We determined that the following
dumping margin exists for the period
October 1, 2005, through September 30,
2006:
Exporter/manufacturer
Hangzhou Spring Washer Co.,
Ltd. (also known as Zhejiang
Wanxin Group, Ltd.) ..............
Weightedaverage
margin
percentage
0.00
Assessment Rates
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (‘‘CBP’’) 15 days
after the date of publication of these
final results of review. In accordance
with 19 CFR 351.212(b)(1), we have
calculated importer-specific assessment
rates for merchandise subject to this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by HSW, the cash
deposit rate will be zero; (2) for
previously reviewed or investigated PRC
and non-PRC exporters not listed above
that have separate rates, the cashdeposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash-deposit rate will
continue to be the PRC-wide rate of
128.63 percent; and (4) for all non-PRC
exporters of subject merchandise that
have not received their own rate, the
cash-deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements shall remain in
effect until further notice.
Notification of Interested Parties
This notice also 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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties. This notice also serves as a
reminder to parties subject to
administrative protective orders
(‘‘APOs’’) 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 that is subject to
sanction.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a) and 777(i) of the
Act.
Dated: January 15, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix—List of Comments and
Issues in the Issues and Decision
Memorandum
Comment 1: Appropriate Adverse Facts
Available
Comment 2: Surrogate Value for Steel Wire
Rod: Source
Comment 3: Surrogate Value for Steel Wire
Rod: Adjustments to Calculation
Comment 4: Surrogate Value for
Hydrochloric Acid
Comment 5: Surrogate Financial Statements:
Source
Comment 6: Surrogate Financial Statements:
Adjustments to Calculation
Comment 7: Whether To Adjust Overhead
Ratio for Environmental Compliance
[FR Doc. E8–1228 Filed 1–23–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE29
Endangered and Threatened Species;
Recovery Plans; Final Recovery Plan
for Southern Resident Killer Whales
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability.
AGENCY:
E:\FR\FM\24JAN1.SGM
24JAN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Notices
SUMMARY: We, the National Marine
Fisheries Service (NMFS), announce the
adoption of our final Endangered
Species Act (ESA) Recovery Plan for the
Southern Resident killer whale DPS
(Orcinus orca). The Final Recovery Plan
for Southern Resident Killer Whales
(Final Recovery Plan) and the NMFS
summary of and responses to public
comments are now available.
ADDRESSES: The Recovery Plan, public
comment summary and responses, and
other supporting documents are
available on-line on the NMFS web site
www.nwr.noaa.gov. Copies of the Plan
may be reviewed and/or copied at
NMFS, Protected Resources Division,
7600 Sand Point Way NE, Seattle, WA,
98115.
FOR FURTHER INFORMATION CONTACT:
Lynne Barre, NOAA/NMFS, Northwest
Region, (206) 526–4745.
SUPPLEMENTARY INFORMATION: The
Endangered Species Act (ESA) of 1973,
as amended (15 U.S.C. 1531 et seq.)
requires that NMFS develop and
implement recovery plans for the
conservation and survival of threatened
and endangered species under its
jurisdiction, unless it is determined that
such plans would not result in the
conservation of the species. NMFSWe
announced the endangered listing of the
Southern Resident killer whale distinct
population segment (DPS) on November
18, 2005 (70 FR 69903). Prior to the ESA
listing, NMFS designated the Southern
Resident killer whale population as a
depleted stock under the Marine
Mammal Protection Act (MMPA; 16
U.S.C. 1361 et seq.) on May 29, 2003 (68
FR 31980). At the time of the
designation, we announced our
intention to develop a conservation
plan.
We held a series of public meetings
and technical workshops to gather input
from Federal government agency
representatives, state and tribal comanagers, Canadian officials, orca
advocacy groups, non-governmental
organizations, researchers, whale watch
industry and concerned citizens. We
circulated a preliminary draft
conservation plan for public review on
March 14, 2005. We received comments
on the preliminary draft, and made
revisions in response to the comments.
We subsequently published a Notice of
Availability of a Proposed Conservation
Plan for Southern Resident Killer
Whales in the Federal Register on
October 3, 2005 (70 FR 57565) opening
a public comment period. We received
comments on the proposed conservation
plan. Before the conservation plan was
finalized, we listed the Southern
Resident DPS as an endangered species.
VerDate Aug<31>2005
20:35 Jan 23, 2008
Jkt 214001
In developing a proposed recovery plan
for the whales, we addressed the
comments we had received on the
proposed conservation plan and
incorporated ESA elements into the
plan, including discussions of the ESA
section 4(a)(1) listing factors, critical
habitat, section 7, and ESA recovery
criteria. We published a Notice of
Availability of the Proposed Recovery
Plan for Southern Resident Killer
Whales in the Federal Register on
November 29, 2006 (71 FR 69101)
opening another public comment
period. We received 50 comment letters
by mail, fax or e-mail and prepared a
summary of the comments and provided
information on our responses, including
descriptions of edits made to the Final
Recovery Plan to incorporate the
comments. We also included new
information, research results, and
references that have become available
since the proposed recovery plan was
released.
The Final Recovery Plan
The ESA requires that recovery plans
incorporate (1) objective, measurable
criteria which, when met, would result
in a determination that the species is no
longer threatened or endangered; (2)
site-specific management actions
necessary to achieve the plan’s goals;
and (3) estimates of time required and
costs to implement recovery actions.
NMFS’s goal is to restore the
endangered Southern Resident DPS
killer whales to the point where they are
again secure, self-sustaining members of
their ecosystems and no longer need the
protections of the ESA.
The Final Recovery Plan provides
background on the natural history of
killer whales, population trends and the
potential threats to their viability. The
Plan lays out a recovery strategy to
address the potential threats based on
the best available science and includes
recovery goals and criteria. The Plan is
not regulatory, but presents guidance for
use by agencies and interested parties to
assist in the recovery of Southern
Resident killer whales. The Plan
identifies substantive actions needed to
achieve recovery by addressing the
threats to the species. The strategy for
recovery includes linking management
actions to an active research program to
fill data gaps, and monitor activities to
assess effectiveness. The Plan
incorporates an adaptive management
framework by which management
actions and other elements will evolve
and adapt as we gain information
through research and monitoring and it
describes the agency guidance on time
lines for reviews of the status of species
and recovery plans. To address threats
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
4177
related to prey availability and
contaminants, the Plan references many
of the significant efforts already
underway to restore salmon runs and
clean up Puget Sound, such as the
Shared Strategy Puget Sound Salmon
Recovery Plan and the Puget Sound
Partnership.
We expect the Final Recovery Plan to
help us and other Federal agencies take
a consistent approach to section 7
consultations under the ESA and to
other ESA decisions. For example, the
plan will provide information on the
biological context for the effects that a
proposed action may have on the listed
DPS. The best available information in
the plan on the natural history, threats,
and potential limiting factors, and
priorities for recovery can be used to
help assess risks. Consistent with the
adoption of this Final Recovery Plan for
Southern Resident killer whales, we
will implement actions in the plan for
which we have authority, work
cooperatively on implementation of
other actions, and encourage other
Federal and state agencies to implement
recovery actions for which they have
responsibility and authority. Recovery
of Southern Resident killer whales is a
long-term effort and will require
cooperation and coordination of
Federal, state, tribal and local
government agencies, and the
community.
We conclude that the Final Recovery
Plan meets the requirements of the ESA
section 4(f) and are thus adopting it as
the Final Recovery Plan for Southern
Resident killer whales.
Authority: 16 U.S.C. 1531 et seq.
Dated: January 17, 2008.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E8–1206 Filed 1–23–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\24JAN1.SGM
24JAN1
]]>Agencies
[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Notices]
[Pages 4176-4177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1206]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE29
Endangered and Threatened Species; Recovery Plans; Final Recovery
Plan for Southern Resident Killer Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability.
-----------------------------------------------------------------------
[[Page 4177]]
SUMMARY: We, the National Marine Fisheries Service (NMFS), announce the
adoption of our final Endangered Species Act (ESA) Recovery Plan for
the Southern Resident killer whale DPS (Orcinus orca). The Final
Recovery Plan for Southern Resident Killer Whales (Final Recovery Plan)
and the NMFS summary of and responses to public comments are now
available.
ADDRESSES: The Recovery Plan, public comment summary and responses, and
other supporting documents are available on-line on the NMFS web site
www.nwr.noaa.gov. Copies of the Plan may be reviewed and/or copied at
NMFS, Protected Resources Division, 7600 Sand Point Way NE, Seattle,
WA, 98115.
FOR FURTHER INFORMATION CONTACT: Lynne Barre, NOAA/NMFS, Northwest
Region, (206) 526-4745.
SUPPLEMENTARY INFORMATION: The Endangered Species Act (ESA) of 1973, as
amended (15 U.S.C. 1531 et seq.) requires that NMFS develop and
implement recovery plans for the conservation and survival of
threatened and endangered species under its jurisdiction, unless it is
determined that such plans would not result in the conservation of the
species. NMFSWe announced the endangered listing of the Southern
Resident killer whale distinct population segment (DPS) on November 18,
2005 (70 FR 69903). Prior to the ESA listing, NMFS designated the
Southern Resident killer whale population as a depleted stock under the
Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) on May 29,
2003 (68 FR 31980). At the time of the designation, we announced our
intention to develop a conservation plan.
We held a series of public meetings and technical workshops to
gather input from Federal government agency representatives, state and
tribal co-managers, Canadian officials, orca advocacy groups, non-
governmental organizations, researchers, whale watch industry and
concerned citizens. We circulated a preliminary draft conservation plan
for public review on March 14, 2005. We received comments on the
preliminary draft, and made revisions in response to the comments. We
subsequently published a Notice of Availability of a Proposed
Conservation Plan for Southern Resident Killer Whales in the Federal
Register on October 3, 2005 (70 FR 57565) opening a public comment
period. We received comments on the proposed conservation plan. Before
the conservation plan was finalized, we listed the Southern Resident
DPS as an endangered species. In developing a proposed recovery plan
for the whales, we addressed the comments we had received on the
proposed conservation plan and incorporated ESA elements into the plan,
including discussions of the ESA section 4(a)(1) listing factors,
critical habitat, section 7, and ESA recovery criteria. We published a
Notice of Availability of the Proposed Recovery Plan for Southern
Resident Killer Whales in the Federal Register on November 29, 2006 (71
FR 69101) opening another public comment period. We received 50 comment
letters by mail, fax or e-mail and prepared a summary of the comments
and provided information on our responses, including descriptions of
edits made to the Final Recovery Plan to incorporate the comments. We
also included new information, research results, and references that
have become available since the proposed recovery plan was released.
The Final Recovery Plan
The ESA requires that recovery plans incorporate (1) objective,
measurable criteria which, when met, would result in a determination
that the species is no longer threatened or endangered; (2) site-
specific management actions necessary to achieve the plan's goals; and
(3) estimates of time required and costs to implement recovery actions.
NMFS's goal is to restore the endangered Southern Resident DPS killer
whales to the point where they are again secure, self-sustaining
members of their ecosystems and no longer need the protections of the
ESA.
The Final Recovery Plan provides background on the natural history
of killer whales, population trends and the potential threats to their
viability. The Plan lays out a recovery strategy to address the
potential threats based on the best available science and includes
recovery goals and criteria. The Plan is not regulatory, but presents
guidance for use by agencies and interested parties to assist in the
recovery of Southern Resident killer whales. The Plan identifies
substantive actions needed to achieve recovery by addressing the
threats to the species. The strategy for recovery includes linking
management actions to an active research program to fill data gaps, and
monitor activities to assess effectiveness. The Plan incorporates an
adaptive management framework by which management actions and other
elements will evolve and adapt as we gain information through research
and monitoring and it describes the agency guidance on time lines for
reviews of the status of species and recovery plans. To address threats
related to prey availability and contaminants, the Plan references many
of the significant efforts already underway to restore salmon runs and
clean up Puget Sound, such as the Shared Strategy Puget Sound Salmon
Recovery Plan and the Puget Sound Partnership.
We expect the Final Recovery Plan to help us and other Federal
agencies take a consistent approach to section 7 consultations under
the ESA and to other ESA decisions. For example, the plan will provide
information on the biological context for the effects that a proposed
action may have on the listed DPS. The best available information in
the plan on the natural history, threats, and potential limiting
factors, and priorities for recovery can be used to help assess risks.
Consistent with the adoption of this Final Recovery Plan for Southern
Resident killer whales, we will implement actions in the plan for which
we have authority, work cooperatively on implementation of other
actions, and encourage other Federal and state agencies to implement
recovery actions for which they have responsibility and authority.
Recovery of Southern Resident killer whales is a long-term effort and
will require cooperation and coordination of Federal, state, tribal and
local government agencies, and the community.
We conclude that the Final Recovery Plan meets the requirements of
the ESA section 4(f) and are thus adopting it as the Final Recovery
Plan for Southern Resident killer whales.
Authority: 16 U.S.C. 1531 et seq.
Dated: January 17, 2008.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8-1206 Filed 1-23-08; 8:45 am]
BILLING CODE 3510-22-S
