Receipt of Applications for Permit, 14812-14813 [E9-7265]
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14812
Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
through court action. Furthermore,
canceling an existing bond and
replacing it with another bond with a
different limit of liability (either lower
or higher) and with retroactive effect is
contrary to sound administrative
practice. There are approximately
140,000 bonds currently on file with
CBP. The possibility that each and every
one of these bonds may be reconsidered
and liability reassessed anytime after
execution would cause administrative
chaos. Finally, to avoid confusion,
termination will not occur automatically
and importers must request termination
pursuant to 19 CFR 113.27(a).
CBP requires bonds to protect revenue
and assure compliance with any
provision of law, regulation, or
instruction the agency is authorized to
enforce. See 19 U.S.C. 1623. CBP is also
required to collect debts aggressively.
See 31 U.S.C. 3711 and 31 CFR 901.1.
In order to fulfill its mandate and also
facilitate trade, CBP does not
retroactively raise or lower bond
security amounts that cover past
customs transactions. When CBP
determines that an existing bond does
not provide sufficient security, the
principal is only required to terminate
the existing bond and obtain a new
bond with additional security for future
importations. The obligation of the
earlier bond for the earlier time period
remains in place. See 19 CFR 113.3.
It is incorrect to state that if the
United States were to agree to make no
future claims against the EBR-calculated
bonds, then the cancellation of the
bonds would not be retroactive.
Cancelling the bonds would be
retroactive because the bonds secure
customs transactions, which are, in this
case, entries already made into the
United States. As discussed in the
Background section of this notice, even
though the actual amount of AD/CV
duties owed may be determined at a
later date, the obligation is incurred and
security is posted at the time of entry.
Finally, the U.S. Court of International
Trade in National Fisheries did not
order CBP to cancel the bonds at issue
in that case, and therefore does not
support the commenters’ argument that
CBP should cancel the EBR-calculated
bonds. National Fisheries at 1335–1336.
Therefore, on or after the publication
of this notice, an importer with a
current bond that was calculated using
the EBR may request termination
pursuant to 19 CFR 113.27(a), such that
no further obligations would be charged
against that bond. For existing bonds,
CBP will enforce the bonds up to the
date of termination, which will be no
earlier than the effective date of this
notice.
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17:46 Mar 31, 2009
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Comment: Some commenters
recommend that even though the
proposal indicates that it applies to
shrimp imports from all of the countries
subject to an AD order, to avoid
confusion, CBP should specifically state
this in the final notice and list the
individual countries.
Another commenter asserts that the
proposal should only apply to India and
Thailand because the WTO dispute was
initiated by these countries and
therefore, the recommendation only
applies to those countries and not
Brazil, China, and Vietnam. The
commenter states that continuing to
apply the EBR to Brazil, China, and
Vietnam would help to offset any
revenue loss on those cases. The
commenter also states that
discontinuing application to those
countries would be contrary to CBP’s
commitment to Congress to address the
issue of non-collection of AD duties and
is irrational, unwarranted, and a clear
perversion of CBP’s mission to collect
all import duties determined to be due
to the United States.
CBP’s Response: Based on a careful
evaluation of the WTO reports and
available evidence, CBP has decided to
end the designation of shrimp subject to
AD/CV duty orders as a special category
or covered case subject to the
requirement of additional bond amounts
for all countries. For a list of orders
currently covering shrimp, see footnote
1 of this document.
Conclusion
After analysis of the comments and
further review of the matter, CBP has
decided to end the designation of
shrimp covered by antidumping or
countervailing duty orders as a special
category or covered case subject to the
requirement of additional bond
amounts. Shrimp importers may request
termination of existing continuous
bonds pursuant to 19 CFR 113.27(a) and
submit a new continuous bond
application pursuant to 19 CFR
113.12(b). The requirements for
submitting a new bond application
pursuant to 19 CFR 113.12 are available
on the CBP Web site at https://
www.cbp.gov/xp/cgov/trade/
priority_trade/revenue/bonds/
pilot_program/news_develop/ under the
‘‘Policy and Procedures’’ section.
Dated: March 27, 2009.
Jayson P. Ahern,
Acting Commissioner, Customs and Border
Protection.
[FR Doc. E9–7281 Filed 3–31–09; 8:45 am]
BILLING CODE 9110–06–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–IA–2009–N0068; 96300–1671–
0000–P5]
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications
for permit.
SUMMARY: We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
endangered species. The Endangered
Species Act requires that we invite
public comment on these permit
applications.
DATES: Written data, comments or
requests must be received by May 1,
2009.
ADDRESSES: Documents and other
information submitted with these
applications are available for review,
subject to the requirements of the
Privacy Act and Freedom of Information
Act, by any party who submits a written
request for a copy of such documents
within 30 days of the date of publication
of this notice to: U.S. Fish and Wildlife
Service, Division of Management
Authority, 4401 North Fairfax Drive,
Room 212, Arlington, Virginia 22203;
fax 703/358–2281.
FOR FURTHER INFORMATION CONTACT:
Division of Management Authority,
telephone 703/358–2104.
SUPPLEMENTARY INFORMATION:
Endangered Species
The public is invited to comment on
the following applications for a permit
to conduct certain activities with
endangered species. This notice is
provided pursuant to Section 10(c) of
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Written data, comments, or requests for
copies of these complete applications
should be submitted to the Director
(address above).
Applicant: Jonathan Davis, Malibu, CA,
PRT–208563
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
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01APN1
Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
Applicant: Stephen G. Klarr, Bloomfield
Village, MI, PRT–209140
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Applicant: Roberto Garza Sada,
Houston, TX, PRT–209373
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Applicant: Mark D. Brown, Charleston,
AR, PRT–209362
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Applicant: John S. Osborne, Danville,
CA, PRT–209360
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Dated: March 20, 2009.
Lisa J. Lierheimer,
Senior Permit Biologist, Branch of Permits,
Division of Management Authority.
[FR Doc. E9–7265 Filed 3–31–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Alcoholic Beverage Control Ordinance,
Salt River Pima-Maricopa Indian
Community
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Notice.
SUMMARY: This notice publishes an
amendment to the Salt River PimaMaricopa Indian Community’s Code of
Ordinances, Chapter 14, Articles I and
II. This amended Code of Ordinances
was last published on May 8, 1998 (63
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17:46 Mar 31, 2009
Jkt 217001
FR 25516). Chapter 14 of the Code
regulates and controls the possession,
sale and consumption of liquor within
the Salt River Pima-Maricopa Indian
Community’s trust lands specified in
Attachment A of Article II. The Code
allows for the possession and sale of
alcoholic beverages within Salt River
Pima-Maricopa Indian Community trust
lands. This Code will increase the
ability of the tribal government to
control the distribution and possession
of liquor within its reservation and at
the same time will provide an important
source of revenue and strengthening of
the tribal government and the delivery
of tribal services.
DATES: Effective Date: This Code is
effective as of May 1, 2009.
FOR FURTHER INFORMATION CONTACT: Jim
Steele, Tribal Relations Specialist,
Western Regional Office, Bureau of
Indian Affairs, 400 N. 5th Street, Two
Arizona Center, 12th Floor, Phoenix,
Arizona 85001; Telephone (602) 379–
6786; Fax (602) 379–4100; or Elizabeth
Colliflower, Office of Tribal Services,
1849 C Street, NW., Mail Stop 4513–
MIB, Washington, DC 20240; Telephone
(202) 513–7640; Fax (202) 208–5113.
Pursuant
to the Act of August 15, 1953; Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted or amended
liquor ordinances for the purpose of
regulating liquor transactions in Indian
country. The Salt River Pima-Maricopa
Indian Community’s Community
Council adopted this amendment to the
Salt River Pima-Maricopa Indian
Community’s Code of Ordinances,
Chapter 14, Articles 1 and 2, by
Ordinance No. SRO–334–08 on June 4,
2008.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that the Salt River PimaMaricopa Indian Community Council
duly adopted this amendment to the
Alcoholic Beverage Control Ordinance
on June 4, 2008.
SUPPLEMENTARY INFORMATION:
Dated: March 18, 2009.
George T. Skibine,
Deputy Assistant Secretary for Policy and
Economic Development.
The amendment to Salt River PimaMaricopa Indian Community’s Code of
Ordinances, Chapter 14, Articles 1 and
2, reads as follows:
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14813
Salt River Pima-Maricopa
Indian Community
Ordinance Number: SRO–334–08.
To repeal Articles I & II Of Chapter 14
of the Salt River Pima-Maricopa Indian
Community Code Of Ordinaces in its
entirety and adopt revised Articles I &
Ii, to update and provide necessary
clarifications to the regulated
possession, consumption and sales of
alcoholic beverages within the
community.
Be it enacted that:
Chapter 14, Article I and II of the Salt
River Pima-Maricopa Indian
Community Code of Ordinances is
repealed in its entirety and revised
Articles I and II, Chapter 14 are hereby
enacted:
Article I. In General
Sec. 14–1. Violation of chapter.
A person who violates any provision
of Chapter 14 of the Code shall be
deemed guilty of an offense, and, upon
conviction thereof, shall be sentenced to
imprisonment for a period not to exceed
six (6) months or to a fine not to exceed
five thousand dollars ($5,000.00) or both
such imprisonment and fine, with costs.
(Ord. No. SRO–31–74, 5–29–74; Code
1976, § 14–11–14–16.)
Secs. 14–2–14–09. Reserved.
Article II. Alcoholic Beverage Control
Sec. 14–10. Sovereign Immunity.
Nothing in this Article is intended or
shall be construed as a waiver of the
sovereign immunity of the Salt River
Pima-Maricopa Indian Community.
Sec. 14–11. Title; authority; purpose;
etc.
(a) Title. This article shall be known
as the Salt River Pima-Maricopa Indian
Community Alcoholic Beverage Control
Ordinance.
(b)
Authority. This article is enacted pursuant
to the Act of August 15, 1953 (Pub. L. 83–
277, 67 State. 588, 18 U.S.C. 1161) and
Article VII of the Salt River Pima-Maricopa
Indian Community Constitution.
(c) Purpose. The purpose of this
article is to regulate and control the
possession, consumption, and sale of
liquor on the Salt River Pima-Maricopa
Indian Community. The enactment of an
ordinance governing liquor possession
and sale on the reservation will increase
the ability of the Community
government to control reservation liquor
distribution and possession, and at the
same time will provide an important
source of revenue for the continued
operation and strengthening of the
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01APN1
Agencies
[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14812-14813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7265]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-IA-2009-N0068; 96300-1671-0000-P5]
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of applications for permit.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, invite the public to
comment on the following applications to conduct certain activities
with endangered species. The Endangered Species Act requires that we
invite public comment on these permit applications.
DATES: Written data, comments or requests must be received by May 1,
2009.
ADDRESSES: Documents and other information submitted with these
applications are available for review, subject to the requirements of
the Privacy Act and Freedom of Information Act, by any party who
submits a written request for a copy of such documents within 30 days
of the date of publication of this notice to: U.S. Fish and Wildlife
Service, Division of Management Authority, 4401 North Fairfax Drive,
Room 212, Arlington, Virginia 22203; fax 703/358-2281.
FOR FURTHER INFORMATION CONTACT: Division of Management Authority,
telephone 703/358-2104.
SUPPLEMENTARY INFORMATION:
Endangered Species
The public is invited to comment on the following applications for
a permit to conduct certain activities with endangered species. This
notice is provided pursuant to Section 10(c) of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.). Written data,
comments, or requests for copies of these complete applications should
be submitted to the Director (address above).
Applicant: Jonathan Davis, Malibu, CA, PRT-208563
The applicant requests a permit to import the sport-hunted trophy
of one male bontebok (Damaliscus pygargus pygargus) culled from a
captive herd maintained under the management program of the Republic of
South Africa, for the purpose of enhancement of the survival of the
species.
[[Page 14813]]
Applicant: Stephen G. Klarr, Bloomfield Village, MI, PRT-209140
The applicant requests a permit to import the sport-hunted trophy
of one male bontebok (Damaliscus pygargus pygargus) culled from a
captive herd maintained under the management program of the Republic of
South Africa, for the purpose of enhancement of the survival of the
species.
Applicant: Roberto Garza Sada, Houston, TX, PRT-209373
The applicant requests a permit to import the sport-hunted trophy
of one male bontebok (Damaliscus pygargus pygargus) culled from a
captive herd maintained under the management program of the Republic of
South Africa, for the purpose of enhancement of the survival of the
species.
Applicant: Mark D. Brown, Charleston, AR, PRT-209362
The applicant requests a permit to import the sport-hunted trophy
of one male bontebok (Damaliscus pygargus pygargus) culled from a
captive herd maintained under the management program of the Republic of
South Africa, for the purpose of enhancement of the survival of the
species.
Applicant: John S. Osborne, Danville, CA, PRT-209360
The applicant requests a permit to import the sport-hunted trophy
of one male bontebok (Damaliscus pygargus pygargus) culled from a
captive herd maintained under the management program of the Republic of
South Africa, for the purpose of enhancement of the survival of the
species.
Dated: March 20, 2009.
Lisa J. Lierheimer,
Senior Permit Biologist, Branch of Permits, Division of Management
Authority.
[FR Doc. E9-7265 Filed 3-31-09; 8:45 am]
BILLING CODE 4310-55-P