Atlantic Highly Migratory Species; Advisory Panel, 62482-62484 [E8-25078]
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62482
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
agree with the petitioner that the
merchandise Caye Furnishings
described in its request is not within the
scope of the investigations. Therefore,
we have not modified the scope
language as suggested by any of the
parties.
mstockstill on PROD1PC66 with NOTICES
Adverse Facts Available
For the final determination, we
continue to find that, by failing to
provide information we requested,
Bedding Component Manufacturers
(Pty) Ltd. (BCM), the mandatory
respondent in this investigation, did not
act to the best of its ability. Thus, the
Department continues to find that the
use of adverse facts available is
warranted for this company under
sections 776(a)(2) and (b) of the Act. See
Preliminary Determination, 73 FR at
45743.
As we explained in the Preliminary
Determination, the rate of 121.39
percent we selected as the adverse
facts–available rate for BCM is the single
margin alleged in the petition (see
Petitions on Uncovered Innerspring
Units from China, South Africa, and
Vietnam, dated December 31, 2007
(Petition), and January 11, 2008,
supplement to the Petition filed on
behalf of Leggett and Platt, Incorporated,
(the petitioner)), as recalculated in the
January 22, 2008, Antidumping
Investigation Initiation Checklist:
Uncovered Innerspring Units from
South Africa, on file in Import
Administration’s Central Records Unit,
Room 1117, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
See, also, Uncovered Innerspring Units
From the People’s Republic of China,
South Africa, and the Socialist Republic
of Vietnam: Initiation of Antidumping
Duty Investigations, 73 FR 4822 (January
28, 2008). Further, as discussed in the
Preliminary Determination, we
corroborated the adverse facts–available
rate pursuant to section 776(c) of the
Act. See Preliminary Determination, 73
FR at 45743, 45744.
All–Others Rate
Section 735(c)(5)(B) of the Act
provides that, where the estimated
weighted–average dumping margins
established for all exporters and
producers individually investigated are
zero or de minimis margins or are
determined entirely under section 776
of the Act, the Department may use any
reasonable method to establish the
estimated all–others rate for exporters
and producers not individually
investigated. This provision
contemplates that, if the data do not
permit weight–averaging margins other
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17:06 Oct 20, 2008
Jkt 217001
than the zero, de minimis, or total facts–
available margins, the Department may
use any other reasonable method. See
also Statement of Administrative Action
accompanying the Uruguay Round
Agreements Act, H. Doc. No. 103–316,
at 873 (1994).
As discussed above, BCM is the sole
respondent in this investigation and has
been assigned a margin based on total
adverse facts available. Because the
petition contained only one estimated
dumping margin and because there are
no other respondents in this
investigation, there are no additional
estimated margins available for
purposes of establishing an all–others
rate. See Notice of Final Determination
of Sales at Less Than Fair Value:
Ferrovandium from the Republic of
South Africa, 67 FR 71136 (November
29, 2002). Therefore, with this final
determination we are establishing
121.39 percent as the all–others rate.
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding APO
This notice also serves as a reminder
to parties subject to administrative
Final Determination of Investigation
protective order (APO) of their
We determine that the following
responsibility concerning the
weighted–average dumping margins
disposition of proprietary information
exist for the period October 1, 2006,
disclosed under APO in accordance
through September 30, 2007:
with 19 CFR 351.305. Timely
notification of return/destruction of
Manufacturer or Exporter
Margin (percent) APO materials or conversion to judicial
protective order is hereby requested.
Bedding Component ManFailure to comply with the regulations
ufacturers (Pty) Ltd. ......
121.39
All Others ..........................
121.39 and the terms of an APO is a
sanctionable violation.
This determination is issued and
Continuation of Suspension of
published pursuant to sections 735(d)
Liquidation
and 777(i)(1) of the Act.
Pursuant to section 735(c)(1)(B) of the
Dated: October 14, 2008.
Act and 19 CFR 351.211(b)(1), we will
David M. Spooner,
instruct CBP to continue to suspend
Assistant Secretary for Import
liquidation of all entries of subject
merchandise from South Africa entered, Administration.
[FR Doc. E8–25028 Filed 10–20–08; 8:45 am]
or withdrawn from warehouse, for
consumption on or after August 6, 2008, BILLING CODE 3510–DS–S
the date of publication of the
Preliminary Determination. We will
instruct CBP to require a cash deposit or DEPARTMENT OF COMMERCE
the posting of a bond equal to the
National Oceanic and Atmospheric
weighted–average margin as follows: (1) Administration
the rate for BCM will be 121.39 percent;
(2) if the exporter is not a firm identified RIN 0648–XK73
in this investigation but the producer is,
Atlantic Highly Migratory Species;
the rate will be the rate established for
Advisory Panel
the producer of the subject
merchandise; (3) the rate for all other
AGENCY: National Marine Fisheries
producers or exporters will be 121.39
Service (NMFS), National Oceanic and
percent. These suspension–ofAtmospheric Administration (NOAA),
liquidation instructions will remain in
Commerce.
effect until further notice.
ACTION: Notice.
International Trade Commission
SUMMARY: NMFS solicits nominations
Notification
for the Atlantic Highly Migratory
In accordance with section 735(d) of
Species (HMS) Advisory Panel (AP).
the Act, we have notified the
NMFS consults with and considers the
International Trade Commission (ITC) of comments and views of the AP when
our final determination. As our final
preparing and implementing Fishery
determination is affirmative and in
Management Plans (FMPs) or FMP
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Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
amendments for Atlantic tunas,
swordfish, sharks, and billfish.
Nominations are being sought to fill
one–third (10) of the seats on the HMS
AP for a 3-year appointment.
Individuals with definable interests in
the recreational and commercial fishing
and related industries, environmental
community, academia, and non–
governmental organizations will be
considered for membership in the AP.
DATES: Nominations must be received
on or before November 20, 2008.
ADDRESSES: You may submit
nominations and requests for the
Advisory Panel Statement of
Organization, Practices, and Procedures
by any of the following methods:
• Email:
HMSAP.Nominations@noaa.gov.
Include in the subject line the following
identifier: ‘‘HMS AP Nominations.’’
• Mail: Margo Schulze–Haugen, Chief,
Highly Migratory Species Management
Division, NMFS, 1315 East–West
Highway, Silver Spring, MD 20910.
• Fax: 301–713–1917.
FOR FURTHER INFORMATION CONTACT:
Chris Rilling at (301) 713–2347 x109.
SUPPLEMENTARY INFORMATION:
Introduction
The Magnuson–Stevens Fishery
Conservation and Management Act
(Magnuson–Stevens Act), 16 U.S.C.
1801 et seq., as amended by the
Sustainable Fisheries Act, Public Law
104–297, provided for the establishment
of Advisory Panels to assist in the
collection and evaluation of information
relevant to the development of any
Fishery Management Plan (FMP) or
FMP amendment. The HMS AP has
consulted with NMFS on the HMS FMP
(April 1999), Amendment 1 to the
Billfish FMP (April 1999), Amendment
1 to the HMS FMP (November 2003), the
Consolidated HMS FMP (July 2006), and
Amendments 1 and 2 to the
Consolidated HMS FMP (April 2008 and
September 2008, respectively).
Procedures and Guidelines
A. Nomination Procedures for
Appointments to the Advisory Panel
Nomination packages should include:
1. The name of the applicant or
nominee and a description of his/her
interest in HMS or in particular species
of sharks, swordfish, tunas, or billfish;
2. A statement of background and/or
qualifications;
3. A written commitment that the
applicant or nominee shall actively
participate in good faith in the tasks of
the AP; and
4. A list of outreach resources that the
applicant has at his/her disposal to
communicate HMS issues to various
interest groups.
Tenure for the HMS AP
Member tenure will be for 3 years (36
months), with approximately one–third
of the members’ terms expiring on
December 31 of each year. Nominations
are sought for terms beginning January
2009 and expiring December 2011.
B. Participants
Nominations for the AP will be
accepted to allow representation from
commercial and recreational fishing
interests, the scientific community, and
the conservation community who are
knowledgeable about Atlantic HMS
and/or Atlantic HMS fisheries. Current
representation on the HMS AP, as
shown in Table 1, consists of 12
members representing commercial
interests, 12 members representing
recreational interests, 4 members
representing environmental interests, 4
academic representatives, and 1
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
Advisory Committee Chairperson. Each
AP member serves a three-year term
with approximately one–third (11) of
the total number of seats (33) expiring
on December 31 of each year. NMFS
seeks to fill 1 academic, 4 commercial,
3 recreational, and 2 environmental
vacancies by December 31, 2008. NMFS
will seek to fill vacancies based
primarily on maintaining the current
representation from each of the sectors,
and secondarily by species expertise
and/or representation from the regions
(Northeast, Mid–Atlantic, South
Atlantic, Gulf of Mexico, and
Caribbean). Table 1 includes the current
representation on the HMS AP by sector
and species. It does not necessarily
indicate that NMFS will only consider
persons who have expertise in the
species that are listed.
TABLE 1. CURRENT REPRESENTATION ON THE HMS AP BY SECTOR AND SPECIES.
Terms that are expiring or vacant are in bold.
Sector
Species
Date Appointed
Date Term Expires
Tuna
1/1/2007
12/31/2009
Academic
Shark
1/1/2007
12/31/2009
Academic
Billfish
1/1/2006
12/31/2008
Academic
Tuna/Shark
1/1/2007
12/31/2009
Commercial
HMS
1/1/2006
12/31/2008
Commercial
Swordfish/Tuna
1/1/2007
12/31/2009
Commercial
Swordfish/Tuna
1/1/2008
12/31/2010
Commercial
HMS
1/1/2003
12/31/2008
Commercial
Tuna
1/1/2008
12/31/2010
Commercial
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Academic
Shark
1/1/2007
12/31/2009
Commercial
HMS
1/1/2007
12/31/2009
Commercial
HMS
1/1/2006
12/31/2008
Commercial
HMS
1/1/2008
12/31/2010
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E:\FR\FM\21OCN1.SGM
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62484
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
TABLE 1. CURRENT REPRESENTATION ON THE HMS AP BY SECTOR AND SPECIES.—Continued
Terms that are expiring or vacant are in bold.
Sector
Species
Date Appointed
Date Term Expires
Swordfish
1/1/2008
Commercial
Tuna
VACANT
Commercial
HMS
1/1/2008
12/31/2010
Environmental
Shark
1/1/2006
12/31/2008
Environmental
HMS
1/1/2008
12/31/2010
Environmental
HMS
1/1/2008
12/31/2010
Environmental
HMS
VACANT
Recreational
HMS
1/1/2008
12/31/2010
Recreational
Swordfish
1/1/2007
12/31/2009
Recreational
HMS
1/1/2007
12/31/2009
Recreational
HMS
1/1/2007
12/31/2009
Recreational
Billfish
1/1/2007
12/31/2009
Recreational
Tuna
1/1/2006
12/31/2008
Recreational
HMS
1/1/2008
12/31/2010
Recreational
HMS
1/1/2006
12/31/2008
Recreational
HMS
1/1/2008
12/31/2010
Recreational
HMS
1/1/2006
12/31/2008
Recreational
HMS
1/1/2007
12/31/2009
Recreational
Billfish
1/1/2008
12/31/2010
ICCAT Chair
mstockstill on PROD1PC66 with NOTICES
Commercial
HMS
Each sector must be adequately
represented, and the intent is to have a
group that, as a whole, reflects an
appropriate and equitable balance and
mix of interests given the
responsibilities of the AP. Criteria for
membership include one or more of the
following: (1) experience in the HMS
recreational fishing industry; (2)
experience in the HMS commercial
fishing industry; (3) experience in
fishery–related industries (e.g., marinas,
bait and tackle shops); (4) experience in
the scientific community working with
HMS; and/or (5) representation of a
private; non–governmental; regional,
national, or international organization
representing marine fisheries,
environmental, governmental, or
academic interests dealing with HMS.
Five additional members on the AP
include one member representing each
of the following Councils: New England
Fishery Management Council, the Mid–
Atlantic Fishery Management Council,
the South Atlantic Fishery Management
Council, the Gulf of Mexico Fishery
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12/31/2010
Management Council, and the Caribbean
Fishery Management Council. The AP
also includes 22 ex–officio participants:
20 representatives of the coastal states
and two representatives of the interstate
commissions (the Atlantic States Marine
Fisheries Commission and the Gulf
States Marine Fisheries Commission).
NMFS will provide the necessary
administrative support, including
technical assistance, for the AP.
However, NMFS will not compensate
participants with monetary support of
any kind. Depending on availability of
funds, members may be reimbursed for
travel costs related to the AP meetings.
C. Meeting Schedule
Meetings of the AP will be held as
frequently as necessary but are routinely
held twice each year in the spring and
fall. The meetings may be held in
conjunction with public hearings.
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Dated: October 9, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–25078 Filed 10–20–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XL37
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice of a joint meeting of the
South Atlantic Fishery Management
Council’s Habitat and Environmental
ACTION:
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62482-62484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25078]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XK73
Atlantic Highly Migratory Species; Advisory Panel
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: NMFS solicits nominations for the Atlantic Highly Migratory
Species (HMS) Advisory Panel (AP). NMFS consults with and considers the
comments and views of the AP when preparing and implementing Fishery
Management Plans (FMPs) or FMP
[[Page 62483]]
amendments for Atlantic tunas, swordfish, sharks, and billfish.
Nominations are being sought to fill one-third (10) of the seats on the
HMS AP for a 3-year appointment. Individuals with definable interests
in the recreational and commercial fishing and related industries,
environmental community, academia, and non-governmental organizations
will be considered for membership in the AP.
DATES: Nominations must be received on or before November 20, 2008.
ADDRESSES: You may submit nominations and requests for the Advisory
Panel Statement of Organization, Practices, and Procedures by any of
the following methods:
Email: HMSAP.Nominations@noaa.gov. Include in the subject
line the following identifier: ``HMS AP Nominations.''
Mail: Margo Schulze-Haugen, Chief, Highly Migratory
Species Management Division, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
Fax: 301-713-1917.
FOR FURTHER INFORMATION CONTACT: Chris Rilling at (301) 713-2347 x109.
SUPPLEMENTARY INFORMATION:
Introduction
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., as amended by the
Sustainable Fisheries Act, Public Law 104-297, provided for the
establishment of Advisory Panels to assist in the collection and
evaluation of information relevant to the development of any Fishery
Management Plan (FMP) or FMP amendment. The HMS AP has consulted with
NMFS on the HMS FMP (April 1999), Amendment 1 to the Billfish FMP
(April 1999), Amendment 1 to the HMS FMP (November 2003), the
Consolidated HMS FMP (July 2006), and Amendments 1 and 2 to the
Consolidated HMS FMP (April 2008 and September 2008, respectively).
Procedures and Guidelines
A. Nomination Procedures for Appointments to the Advisory Panel
Nomination packages should include:
1. The name of the applicant or nominee and a description of his/
her interest in HMS or in particular species of sharks, swordfish,
tunas, or billfish;
2. A statement of background and/or qualifications;
3. A written commitment that the applicant or nominee shall
actively participate in good faith in the tasks of the AP; and
4. A list of outreach resources that the applicant has at his/her
disposal to communicate HMS issues to various interest groups.
Tenure for the HMS AP
Member tenure will be for 3 years (36 months), with approximately
one-third of the members' terms expiring on December 31 of each year.
Nominations are sought for terms beginning January 2009 and expiring
December 2011.
B. Participants
Nominations for the AP will be accepted to allow representation
from commercial and recreational fishing interests, the scientific
community, and the conservation community who are knowledgeable about
Atlantic HMS and/or Atlantic HMS fisheries. Current representation on
the HMS AP, as shown in Table 1, consists of 12 members representing
commercial interests, 12 members representing recreational interests, 4
members representing environmental interests, 4 academic
representatives, and 1 International Commission for the Conservation of
Atlantic Tunas (ICCAT) Advisory Committee Chairperson. Each AP member
serves a three-year term with approximately one-third (11) of the total
number of seats (33) expiring on December 31 of each year. NMFS seeks
to fill 1 academic, 4 commercial, 3 recreational, and 2 environmental
vacancies by December 31, 2008. NMFS will seek to fill vacancies based
primarily on maintaining the current representation from each of the
sectors, and secondarily by species expertise and/or representation
from the regions (Northeast, Mid-Atlantic, South Atlantic, Gulf of
Mexico, and Caribbean). Table 1 includes the current representation on
the HMS AP by sector and species. It does not necessarily indicate that
NMFS will only consider persons who have expertise in the species that
are listed.
Table 1. Current representation on the HMS AP by sector and species.
Terms that are expiring or vacant are in bold.
------------------------------------------------------------------------
Date Term
Sector Species Date Appointed Expires
------------------------------------------------------------------------
Academic Tuna 1/1/2007 12/31/2009
------------------------------------------------------------------------
Academic Shark 1/1/2007 12/31/2009
------------------------------------------------------------------------
Academic Billfish 1/1/2006 12/31/2008
------------------------------------------------------------------------
Academic Tuna/Shark 1/1/2007 12/31/2009
------------------------------------------------------------------------
Commercial HMS 1/1/2006 12/31/2008
------------------------------------------------------------------------
Commercial Swordfish/Tuna 1/1/2007 12/31/2009
------------------------------------------------------------------------
Commercial Swordfish/Tuna 1/1/2008 12/31/2010
------------------------------------------------------------------------
Commercial HMS 1/1/2003 12/31/2008
------------------------------------------------------------------------
Commercial Tuna 1/1/2008 12/31/2010
------------------------------------------------------------------------
Commercial Shark 1/1/2007 12/31/2009
------------------------------------------------------------------------
Commercial HMS 1/1/2007 12/31/2009
------------------------------------------------------------------------
Commercial HMS 1/1/2006 12/31/2008
------------------------------------------------------------------------
Commercial HMS 1/1/2008 12/31/2010
------------------------------------------------------------------------
[[Page 62484]]
Commercial Swordfish 1/1/2008 12/31/2010
------------------------------------------------------------------------
Commercial Tuna VACANT ................
------------------------------------------------------------------------
Commercial HMS 1/1/2008 12/31/2010
------------------------------------------------------------------------
Environmental Shark 1/1/2006 12/31/2008
------------------------------------------------------------------------
Environmental HMS 1/1/2008 12/31/2010
------------------------------------------------------------------------
Environmental HMS 1/1/2008 12/31/2010
------------------------------------------------------------------------
Environmental HMS VACANT ................
------------------------------------------------------------------------
Recreational HMS 1/1/2008 12/31/2010
------------------------------------------------------------------------
Recreational Swordfish 1/1/2007 12/31/2009
------------------------------------------------------------------------
Recreational HMS 1/1/2007 12/31/2009
------------------------------------------------------------------------
Recreational HMS 1/1/2007 12/31/2009
------------------------------------------------------------------------
Recreational Billfish 1/1/2007 12/31/2009
------------------------------------------------------------------------
Recreational Tuna 1/1/2006 12/31/2008
------------------------------------------------------------------------
Recreational HMS 1/1/2008 12/31/2010
------------------------------------------------------------------------
Recreational HMS 1/1/2006 12/31/2008
------------------------------------------------------------------------
Recreational HMS 1/1/2008 12/31/2010
------------------------------------------------------------------------
Recreational HMS 1/1/2006 12/31/2008
------------------------------------------------------------------------
Recreational HMS 1/1/2007 12/31/2009
------------------------------------------------------------------------
Recreational Billfish 1/1/2008 12/31/2010
------------------------------------------------------------------------
ICCAT Chair HMS ................ ................
------------------------------------------------------------------------
Each sector must be adequately represented, and the intent is to
have a group that, as a whole, reflects an appropriate and equitable
balance and mix of interests given the responsibilities of the AP.
Criteria for membership include one or more of the following: (1)
experience in the HMS recreational fishing industry; (2) experience in
the HMS commercial fishing industry; (3) experience in fishery-related
industries (e.g., marinas, bait and tackle shops); (4) experience in
the scientific community working with HMS; and/or (5) representation of
a private; non-governmental; regional, national, or international
organization representing marine fisheries, environmental,
governmental, or academic interests dealing with HMS.
Five additional members on the AP include one member representing
each of the following Councils: New England Fishery Management Council,
the Mid-Atlantic Fishery Management Council, the South Atlantic Fishery
Management Council, the Gulf of Mexico Fishery Management Council, and
the Caribbean Fishery Management Council. The AP also includes 22 ex-
officio participants: 20 representatives of the coastal states and two
representatives of the interstate commissions (the Atlantic States
Marine Fisheries Commission and the Gulf States Marine Fisheries
Commission).
NMFS will provide the necessary administrative support, including
technical assistance, for the AP. However, NMFS will not compensate
participants with monetary support of any kind. Depending on
availability of funds, members may be reimbursed for travel costs
related to the AP meetings.
C. Meeting Schedule
Meetings of the AP will be held as frequently as necessary but are
routinely held twice each year in the spring and fall. The meetings may
be held in conjunction with public hearings.
Dated: October 9, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-25078 Filed 10-20-08; 8:45 am]
BILLING CODE 3510-22-S
