Proposed Information Collection; Comment Request; Limits on Applications of Take Prohibitions, 14961-14962 [E9-7389]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Notices Pursuant to Court Remand to interested parties on January 16, 2009. Corus and ArcelorMittal USA. Inc. (ArcelorMittal), domestic interested party, submitted comments on January 23, 2009. Corus and domestic producer U.S. Steel Corporation (U.S. Steel) submitted rebuttal comments on January 28, 2009. On February 20, 2009, the Department filed its final results of redetermination pursuant to Corus Staal with the CIT. See Final Results of Redetermination Pursuant to Court Remand, Corus Staal BV v. United States Court No. 07–00221, Slip Op. 08–144 (CIT December 29, 2008) (Final Redetermination). In the Final Redetermination, the Department amended the final results of the 2004– 2005 administrative review to rescind our duty absorption finding with respect to Corus Staal BV (Corus), ‘‘consistent with the Federal Circuit’s interpretation of 19 U.S.C. 1675(a)(4) in Agro Dutch Indus. Ltd. v. United States, 508 F.3d 1024, 1028 (Fed. Cir. 2007) (Agro Dutch).’’ See Corus Staal at 26. Specifically, we no longer found that Corus absorbed antidumping duties during the period of review since Corus was, itself, the importer of record. This redetermination did not affect either the weighted-average margin or assessment rate calculated for Corus for the relevant period of review. On March 24, 2009, the Court sustained all aspects of the remand redetermination. The Court reaffirmed the Department’s calculation of Corus Staal’s dumping margin during the administrative review and affirmed the Department’s reversal of its duty absorption finding. Further, the Court also affirmed the Department’s authority to issue instructions to U.S. Customs and Border Protection (CBP) to levy antidumping duties on entries. In Timken, 893 F.2d at 341, the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is ‘‘not in harmony’’ with a Department determination, and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s decision in Corus Staal Judgment on March 24, 2009, constitutes a final decision of the court that is not in harmony with the Department’s Final Results and Amended Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event VerDate Nov<24>2008 17:43 Apr 01, 2009 Jkt 217001 the Court’s ruling is not appealed or, if appealed, upheld by the Federal Circuit the Department will instruct CBP to assess antidumping duties on entries of the subject merchandise during the POR based on the Amended Final Results. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: March 27, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–7445 Filed 4–1–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Limits on Applications of Take Prohibitions AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 1, 2009. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Steve Stone at (503) 231– 2317, or steve.stone@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract Section 4(d) of the Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq.) requires the National Marine Fisheries Service (NMFS) to adopt such regulations as it ‘‘deems necessary and advisable to provide for the conservation of’’ threatened species. Those regulations may include any or all of the prohibitions provided in section 9(a)(1) of the ESA, which specifically prohibits ‘‘take’’ of any PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 14961 endangered species (‘‘take’’ includes actions that harass, harm, pursue, kill, or capture). The first salmonid species listed by NMFS as threatened were protected by virtually blanket application of the section 9 take prohibitions. There are now 22 separate Distinct Population Segments (DPS) of west coast salmonids listed as threatened, covering a large percentage of the land base in California, Oregon, Washington and Idaho. NMFS is obligated to enact necessary and advisable protective regulations. NMFS makes section 9 prohibitions generally applicable to many of those threatened DPS, but also seeks to respond to requests from States and others to both provide more guidance on how to protect threatened salmonids and avoid take, and to limit the application of take prohibitions wherever warranted (See 70 FR 37160, June 28, 2005; 71 FR 834, January 5, 2006; and 73 FR 55451, September 25, 2008). The regulations describe programs or circumstances that contribute to the conservation of, or are being conducted in a way that limits impacts on, listed salmonids. Because we have determined that such programs/circumstances adequately protect listed salmonids, the regulations do not apply the ‘‘take’’ prohibitions to them. Some of these limits on the take prohibitions entail voluntary submission of a plan to NMFS and/or annual or occasional reports by entities wishing to take advantage of these limits, or continue within them. II. Method of Collection Submissions may be in paper or electronic format. III. Data OMB Control Number: 0648–0399. Form Number: None. Type of Review: Regular submission. Affected Public: State, local, or tribal government; business or other for-profit organizations. Estimated Number of Respondents: 301. Estimated Time per Response: 20 hours for a road maintenance agreement; 5 hours for a diversion screening limit project; 30 hours for an urban development package; 10 hours for an urban development report; 20 hours for a tribal plan; and 5 hours for a report of aided, salvaged, or disposed of salmonids. Estimated Total Annual Burden Hours: 1,705. Estimated Total Annual Cost to Public: $1,000. E:\FR\FM\02APN1.SGM 02APN1 14962 Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Notices IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Sunshine Act Meetings Closed. MATTERS TO BE CONSIDERED: CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, 202–418–5084. Sauntia S. Warfield, Staff Assistant. [FR Doc. E9–7534 Filed 3–31–09; 4:15 pm] BILLING CODE 6351–01–P COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings Commodity Futures Trading Commission. 11 a.m., Friday April 3, PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. Office of the Secretary Closed. Surveillance matters. COMMODITY FUTURES TRADING COMMISSION Sauntia S. Warfield, 202–418–5084. AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission. TIME AND DATE: 11 a.m., Friday April 17, 2009. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Surveillance matters. CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, 202–418–5084. Sauntia S. Warfield, Staff Assistant. [FR Doc. E9–7531 Filed 3–31–09; 4:15 pm] BILLING CODE 6351–01–P Sauntia S. Warfield, Staff Assistant. [FR Doc. E9–7537 Filed 3–31–09; 4:15 pm] BILLING CODE 6351–01–P COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission. TIME AND DATE: 11 a.m., Friday, April 24, 2009. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: COMMODITY FUTURES TRADING COMMISSION Closed. MATTERS TO BE CONSIDERED: Surveillance matters. Sunshine Act Meetings CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, 202–418–5084. AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission. TIME AND DATE: 11 a.m., Friday April 10, 2009. Sauntia S. Warfield, Staff Assistant. [FR Doc. E9–7540 Filed 3–31–09; 4:15 pm] BILLING CODE 6351–01–P PO 00000 [Docket No. DoD–2008–OS–0110] Submission for OMB Review; Comment Request ACTION: FOR FURTHER INFORMATION CONTACT: Sunshine Act Meetings mstockstill on PROD1PC66 with NOTICES BILLING CODE 6351–01–P DEPARTMENT OF DEFENSE STATUS: Jkt 217001 Commodity Futures Trading Commission. TIME AND DATE: 2 p.m., Wednesday April 15, 2009. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Enforcement matters. CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, 202–418–5084. Sauntia S. Warfield, Staff Assistant. [FR Doc. E9–7541 Filed 3–31–09; 4:15 pm] AGENCY HOLDING THE MEETING: MATTERS TO BE CONSIDERED: 17:43 Apr 01, 2009 AGENCY HOLDING THE MEETING: 2009. BILLING CODE 3510–22–P VerDate Nov<24>2008 Surveillance matters. TIME AND DATE: Dated: March 30, 2009. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–7389 Filed 4–1–09; 8:45 am] COMMODITY FUTURES TRADING COMMISSION Frm 00011 Fmt 4703 Sfmt 4703 Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by May 4, 2009. Title and OMB Number: Request for approval for Procurement Technical Assistance Center Cooperative Agreement Performance Report; DLA Form 1806; OMB Control Number 0704– 0320. Type of Request: Extension. Number of Respondents: 95. Responses Per Respondent: 4. Annual Responses: 380. Average Burden per Response: 7 hours. Annual Burden Hours: 2,660. Needs and Uses: The Defense Logistics Agency uses the report as the principal instrument for measuring the performance of Cooperative Agreement awards made under 10 U.S.C. Chapter 142. Affected Public: Not-for-profit institutions; state, local or tribal governments. Frequency: Quarterly. Respondent’s Obligation: Required to obtain or retain benefits. E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 14961-14962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7389]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Limits on 
Applications of Take Prohibitions

AGENCY: National Oceanic and Atmospheric Administration (NOAA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before June 1, 2009.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at dHynek@doc.gov).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Steve Stone at (503) 231-2317, or steve.stone@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

    Section 4(d) of the Endangered Species Act of 1973 (ESA; 16 U.S.C. 
1531 et seq.) requires the National Marine Fisheries Service (NMFS) to 
adopt such regulations as it ``deems necessary and advisable to provide 
for the conservation of'' threatened species. Those regulations may 
include any or all of the prohibitions provided in section 9(a)(1) of 
the ESA, which specifically prohibits ``take'' of any endangered 
species (``take'' includes actions that harass, harm, pursue, kill, or 
capture). The first salmonid species listed by NMFS as threatened were 
protected by virtually blanket application of the section 9 take 
prohibitions. There are now 22 separate Distinct Population Segments 
(DPS) of west coast salmonids listed as threatened, covering a large 
percentage of the land base in California, Oregon, Washington and 
Idaho. NMFS is obligated to enact necessary and advisable protective 
regulations. NMFS makes section 9 prohibitions generally applicable to 
many of those threatened DPS, but also seeks to respond to requests 
from States and others to both provide more guidance on how to protect 
threatened salmonids and avoid take, and to limit the application of 
take prohibitions wherever warranted (See 70 FR 37160, June 28, 2005; 
71 FR 834, January 5, 2006; and 73 FR 55451, September 25, 2008). The 
regulations describe programs or circumstances that contribute to the 
conservation of, or are being conducted in a way that limits impacts 
on, listed salmonids. Because we have determined that such programs/
circumstances adequately protect listed salmonids, the regulations do 
not apply the ``take'' prohibitions to them. Some of these limits on 
the take prohibitions entail voluntary submission of a plan to NMFS 
and/or annual or occasional reports by entities wishing to take 
advantage of these limits, or continue within them.

II. Method of Collection

    Submissions may be in paper or electronic format.

III. Data

    OMB Control Number: 0648-0399.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: State, local, or tribal government; business or 
other for-profit organizations.
    Estimated Number of Respondents: 301.
    Estimated Time per Response: 20 hours for a road maintenance 
agreement; 5 hours for a diversion screening limit project; 30 hours 
for an urban development package; 10 hours for an urban development 
report; 20 hours for a tribal plan; and 5 hours for a report of aided, 
salvaged, or disposed of salmonids.
    Estimated Total Annual Burden Hours: 1,705.
    Estimated Total Annual Cost to Public: $1,000.

[[Page 14962]]

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: March 30, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
 [FR Doc. E9-7389 Filed 4-1-09; 8:45 am]
BILLING CODE 3510-22-P