Federal Consistency Appeal by Chicago Deer River Properties, LLC, d/b/a Theodore Industrial Port, 68228-68229 [E9-30532]

Download as PDF 68228 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices complete the review within the foregoing time period. We determine that completion of the preliminary results of this review within the 245-day period is not practicable because the Department requires additional time to analyze information pertaining to the respondent’s sales practices, factors of production, and to issue and review responses to supplemental questionnaires. Therefore, we require additional time to complete these preliminary results. As a result, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completion of the preliminary results of this review by 75 days until March 16, 2010. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: December 16, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–30528 Filed 12–22–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Extension of Time Limit for Final Results of the New Shipper and Fifth Antidumping Duty Administrative Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 23, 2009. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2243. srobinson on DSKHWCL6B1PROD with NOTICES Extension of Time Limits for Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.213(h)(1) require the Department to issue the final results in an administrative review of an antidumping duty order 120 days after the date on which the preliminary results are published. The Department may, however, extend the deadline for completion of the final results of an administrative review to 180 days if it determines it is not practicable to complete the review within the foregoing time period. See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). The Department finds that it is not practicable to complete the final results in the aligned new shipper and fifth antidumping duty administrative reviews of certain frozen fish fillets from Vietnam within this time limit. See Memo to the File re: Alignment of 4th New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam with the 5th Administrative Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam (March 20, 2009). The Department is extending the deadline because additional time is needed to review interested parties’ case and rebuttal briefs. For the reasons noted above, we are extending the time for the completion of the final results of this review by 60 days to March 3, 2010. This notice is published in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: December 9, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–30531 Filed 12–22–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Background On September 4, 2009, the Department of Commerce (‘‘Department’’) published the preliminary results of these new shipper and administrative reviews for the period August 1, 2007, through July 31, 2008. See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Preliminary Results of New Shipper Reviews and Fifth Antidumping Duty Administrative Review, 74 FR VerDate Nov<24>2008 45805 (September 4, 2009) (‘‘Preliminary Results’’). The final results are currently due on January 2, 2010. 16:41 Dec 22, 2009 Jkt 220001 National Oceanic and Atmospheric Administration Federal Consistency Appeal by Chicago Deer River Properties, LLC, d/b/a Theodore Industrial Port AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of appeal. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 SUMMARY: This announcement provides notice that Chicago Deer River Properties, LLC, d/b/a Theodore Industrial Port (Theodore Industrial Port), has filed an administrative appeal with the Department of Commerce (Department), asking that the Secretary override an objection by the Alabama Department of Environmental Management (Alabama) to the proposed filling of a tidal pond at Theodore Industrial Port facilities in Theodore, Alabama, near Mobile Bay. DATES: Comments regarding this appeal or requests for a public hearing must be sent in writing to the NOAA, Office of General Counsel for Ocean Services postmarked or e-mailed no later than January 29, 2010. ADDRESSES: Materials from the appeal record will be available at the NOAA, Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 and on the following Web site: http:// www.ogc.doc.gov/czma.htm. FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA, Office of General Counsel, 301– 713–7390, or at gcos.inquiries@noaa.gov. SUPPLEMENTARY INFORMATION: I. Notice of Appeal On November 25, 2009, Theodore Industrial Port filed notice of an appeal with the Secretary of Commerce (Secretary), 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 appeal is taken from an objection by Alabama to Theodore Industrial Port’s consistency certification for a U.S. Army Corps of Engineers permit for a proposed port enhancement project at the Theodore Industrial Port in Theodore, Alabama. The specific activity sought to be permitted involves the filling of a tidal pond. Under the CZMA, the Secretary may override Alabama’s objection on grounds that the project is consistent with the objectives or purposes of the CZMA or otherwise necessary in the interest of national security. To make the determination that the proposed activity is ‘‘consistent with the objectives or purposes of the CZMA,’’ the Department must find that: (1) The proposed activity furthers the national interest as articulated in sections 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 E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices 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 the applicable coastal management program. 15 CFR 930.121. Conversely, to make the determination that the proposed activity is ‘‘necessary in the interest of national security,’’ the Secretary must find that a national defense or other national security interest would be significantly impaired were the activity not permitted to go forward as proposed. 15 CFR 930.122. II. Opportunity for Federal Agency and Public Comment Pursuant to Department of Commerce regulations, the public and interested federal agencies may submit comments on this appeal. Written comments must be sent no later than January 29, 2010 to the attention of Thomas Street, NOAA, Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 or via e-mail to gcos.comments@noaa.gov. III. Opportunity for a Public Hearing Pursuant to Department of Commerce regulations, the Secretary may hold a public hearing on this appeal, either in response to a request for a public hearing or at the Secretary’s own initiative. If a public hearing is held, it shall be noticed in the Federal Register, and the Secretary shall reopen the public and Federal agency comment period for a 10-day period following the hearings. Written requests for a public hearing must be sent no later than January 29, 2010 to the attention of Thomas Street, NOAA, Office of General Counsel for Ocean Services, 1305 East West Highway, Room 6111, Silver Spring, MD 20910 or via e-mail to gcos.comments@noaa.gov. srobinson on DSKHWCL6B1PROD with NOTICES IV. Appeal Documents NOAA intends to provide the public with access to all publicly available materials and related documents comprising the appeal record on the following Web site: http:// www.ogc.doc.gov/czma.htm; and during business hours, at the NOAA, Office of General Counsel for Ocean Services. For additional information concerning this appeal, please contact Thomas Street, NOAA, Office of General Counsel for Ocean Services, 301–713–7390 or gcos.inquiries@noaa.gov. [Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management Program Assistance.] VerDate Nov<24>2008 16:41 Dec 22, 2009 Jkt 220001 Dated: December 18, 2009. Joel La Bissonniere, Assistant General Counsel for Ocean Services, NOAA. [FR Doc. E9–30532 Filed 12–22–09; 8:45 am] BILLING CODE 3510–08–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with November anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part. DATES: Effective Date: December 23, 2009. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–4697. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with November anniversary dates. The Department also received a timely request to revoke in part the antidumping duty order on Fresh Garlic from the People’s Republic of China with respect to one exporter. Notice of No Sales Under 19 CFR 351.213(d)(3), the Department may rescind a review where there are no exports, sales, or entries of subject merchandise during the respective period of review (‘‘POR’’) listed below. If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the POR, it should notify the Department within 30 days of publication of this notice in the Federal Register. The Department will consider rescinding the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 68229 review only if the producer or exporter, as appropriate, submits a properly filed and timely statement certifying that it had no exports, sales, or entries of subject merchandise during the period of review. All submissions must be made in accordance with 19 CFR 351.303 and are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘the Act’’). Six copies of the submission should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on every party on the Department’s service list. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the POR. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within five days of publication of this initiation notice and to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within 10 calendar days of publication of this Federal Register notice. Separate Rates In proceedings involving non-market economy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise under a test arising from the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991), as amplified by Final E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68228-68229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30532]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Chicago Deer River Properties, LLC, 
d/b/a Theodore Industrial Port

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce.

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that Chicago Deer River 
Properties, LLC, d/b/a Theodore Industrial Port (Theodore Industrial 
Port), has filed an administrative appeal with the Department of 
Commerce (Department), asking that the Secretary override an objection 
by the Alabama Department of Environmental Management (Alabama) to the 
proposed filling of a tidal pond at Theodore Industrial Port facilities 
in Theodore, Alabama, near Mobile Bay.

DATES: Comments regarding this appeal or requests for a public hearing 
must be sent in writing to the NOAA, Office of General Counsel for 
Ocean Services postmarked or e-mailed no later than January 29, 2010.

ADDRESSES: Materials from the appeal record will be available at the 
NOAA, Office of General Counsel for Ocean Services, 1305 East-West 
Highway, Room 6111, Silver Spring, MD 20910 and on the following Web 
site: http://www.ogc.doc.gov/czma.htm.

FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA, 
Office of General Counsel, 301-713-7390, or at gcos.inquiries@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    On November 25, 2009, Theodore Industrial Port filed notice of an 
appeal with the Secretary of Commerce (Secretary), 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 
appeal is taken from an objection by Alabama to Theodore Industrial 
Port's consistency certification for a U.S. Army Corps of Engineers 
permit for a proposed port enhancement project at the Theodore 
Industrial Port in Theodore, Alabama. The specific activity sought to 
be permitted involves the filling of a tidal pond.
    Under the CZMA, the Secretary may override Alabama's objection on 
grounds that the project is consistent with the objectives or purposes 
of the CZMA or otherwise necessary in the interest of national 
security. To make the determination that the proposed activity is 
``consistent with the objectives or purposes of the CZMA,'' the 
Department must find that: (1) The proposed activity furthers the 
national interest as articulated in sections 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

[[Page 68229]]

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 the applicable 
coastal management program. 15 CFR 930.121. Conversely, to make the 
determination that the proposed activity is ``necessary in the interest 
of national security,'' the Secretary must find that a national defense 
or other national security interest would be significantly impaired 
were the activity not permitted to go forward as proposed. 15 CFR 
930.122.

II. Opportunity for Federal Agency and Public Comment

    Pursuant to Department of Commerce regulations, the public and 
interested federal agencies may submit comments on this appeal. Written 
comments must be sent no later than January 29, 2010 to the attention 
of Thomas Street, NOAA, Office of General Counsel for Ocean Services, 
1305 East-West Highway, Room 6111, Silver Spring, MD 20910 or via e-
mail to gcos.comments@noaa.gov.

III. Opportunity for a Public Hearing

    Pursuant to Department of Commerce regulations, the Secretary may 
hold a public hearing on this appeal, either in response to a request 
for a public hearing or at the Secretary's own initiative. If a public 
hearing is held, it shall be noticed in the Federal Register, and the 
Secretary shall reopen the public and Federal agency comment period for 
a 10-day period following the hearings. Written requests for a public 
hearing must be sent no later than January 29, 2010 to the attention of 
Thomas Street, NOAA, Office of General Counsel for Ocean Services, 1305 
East West Highway, Room 6111, Silver Spring, MD 20910 or via e-mail to 
gcos.comments@noaa.gov.

IV. Appeal Documents

    NOAA intends to provide the public with access to all publicly 
available materials and related documents comprising the appeal record 
on the following Web site: http://www.ogc.doc.gov/czma.htm; and during 
business hours, at the NOAA, Office of General Counsel for Ocean 
Services. For additional information concerning this appeal, please 
contact Thomas Street, NOAA, Office of General Counsel for Ocean 
Services, 301-713-7390 or gcos.inquiries@noaa.gov.

[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]

    Dated: December 18, 2009.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services, NOAA.
[FR Doc. E9-30532 Filed 12-22-09; 8:45 am]
BILLING CODE 3510-08-P