Marine Mammals; File No. 15206, 16076-16077 [2010-7260]

Download as PDF 16076 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES subject merchandise. The Department determined that both requests contained certain deficiencies and requested that both respondents correct their submissions. See March 11, 2010 and March 17, 2009 letters from Robert James, Program Manager, to Tongfa and Fengyu, respectively. In accordance with the Department’s requests, Tongfa and Fengyu corrected the problems in their initial submissions in revised submissions dated March 18, 2010 and March 23, 2010, respectively. For the purpose of initiating these new shipper reviews, the Department determines that Tongfa and Fengyu’s original submissions were timely filed. Pursuant to the requirements set forth in section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2), Tongfa and Fengyu certified that (1) they did not export subject merchandise to the United States during the POI (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i); (2) since the initiation of the investigation they have never been affiliated with any company that exported subject merchandise to the United States during the POI, including those companies not individually examined during the investigation (see section 751(a)(2)(B)(i)(II) and19 CFR 351.214(b)(2)(iii)(A)); and (3) their export activities were not controlled by the central government of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). Additionally, in accordance with 19 CFR 351.214(b)(2)(iv), Tongfa and Fengyu submitted documentation establishing the following: (1) The date on which they first shipped subject merchandise to the United States; (2) the volume of their first shipments; and (3) the date of their first sales to unaffiliated customers in the United States. They also certified they had no shipments to the United States during the period subsequent to their first shipments. Initiation of Reviews Based on information on the record and in accordance with section 751(a)(2)(B) of the Act and section 351.214(d) of the Department’s regulations, we find that the requests Tongfa and Fengyu submitted meet the statutory and regulatory requirements for initiation of new shipper reviews. See Memoranda to the File through Richard Weible, ‘‘Initiation of AD New Shipper Review: Certain Preserved Mushrooms from the People’s Republic of China (A–570–851),’’ dated March 31, 2010. Accordingly, we are initiating new shipper reviews of the antidumping duty order on certain preserved mushrooms from the PRC manufactured and exported by Tongfa and Fengyu. VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 These reviews cover the period February 1, 2009 through January 31, 2010. We intend to issue the preliminary results of these reviews no later than 180 days after the date on which these reviews are initiated, and the final results within 90 days after the date on which we issue the preliminary results. See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(h)(i). In cases involving non-market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. See, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 75 FR 10214, 10215 (March 5, 2010). Accordingly, we will issue questionnaires to Tongfa and Fengyu that will include a separate rates section. These reviews will proceed if the response provides sufficient indication that Tongfa and Fengyu are not subject to either de jure or de facto government control with respect to their exports of preserved mushrooms. However, if Tongfa and Fengyu do not demonstrate eligibility for separate rates, they will be deemed not to have met the requirements of section 751(2)(B)(i) of the Act and 19 CFR 351.214(b)(2)(i), and therefore not separate from the PRC-wide entity. We will therefore rescind the new shipper reviews. See, e.g., Certain Preserved Mushrooms from the People’s Republic of China: Notice of Initiation of Antidumping Duty New Shipper Review, 74 FR 15698 (April 7, 2009). We will instruct the CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for certain entries of the subject merchandise produced and exported by Tongfa and produced and exported by Fengyu in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Tongfa and Fengyu certified that they both produce and export the subject merchandise, the sales of which form the basis for their new shipper review requests, we will instruct CBP to permit the use of a bond only for entries of subject merchandise which Tongfa and Fengyu both produced and exported. Interested parties may submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. These initiations and this notice are issued and published in accordance PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: March 26, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–7355 Filed 3–30–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV57 Marine Mammals; File No. 15206 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that Sea World LLC, 9205 South Park Center Loop, Suite 400, Orlando, FL 32819, has applied in due form for a permit to import one beluga whale (Delphinapterus leucas) for the purposes of public display. DATES: Written or telefaxed comments must be received on or before April 30, 2010. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 713–2289; fax (301) 713–0376; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone (727) 824–5312; fax (727) 824–5309. Written comments on this application should be submitted to the Chief, Permits, Conservation and Education Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits, Conservation and Education Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kristy Beard, (301) 713–2289. E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant requests authorization to import one male adult beluga whale from the Vancouver Aquarium Marine Science Center, British Columbia, Canada to Sea World of Texas. The applicant requests this import for the purpose of public display. The receiving facility, Sea World of Texas, 10500 SeaWorld Drive, San Antonio, TX 78251 is: (1) open to the public on regularly scheduled basis with access that is not limited or restricted other than by charging for an admission fee; (2) offers an educational program based on professionally accepted standards of the Association of Zoos and Aquariums and the Alliance for Marine Mammal Parks and Aquariums; and (3) holds an Exhibitor’s License, number 58–C–0077, issued by the U.S. Department of Agriculture under the Animal Welfare Act (7 U.S.C. §§ 2131 - 59). In addition to determining whether the applicant meets the three public display criteria, NMFS must determine whether the applicant has demonstrated that the proposed activity is humane and does not represent any unnecessary risks to the health and welfare of marine mammals; that the proposed activity by itself, or in combination with other activities, will not likely have a significant adverse impact on the species or stock; and that the applicant’s expertise, facilities and resources are adequate to accomplish successfully the objectives and activities stated in the application. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. jlentini on DSKJ8SOYB1PROD with NOTICES SUPPLEMENTARY INFORMATION: Dated: March 26, 2010. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–7260 Filed 3–30–10; 8:45 am] BILLING CODE 3510–22–S VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV58 Marine Mammals; File No. 15430 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that the Louisville Zoological Garden, 1100 Trevilian Way, P.O. Box 37250, Louisville, KY 40233, has applied in due form for a permit to import one South African fur seal (Arctocephalis pusillus) for the purposes of public display. DATES: Written or telefaxed comments must be received on or before April 30, 2010 ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 713–2289; fax (301) 713–0376; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone (727) 824–5312; fax (727) 824–5309. Written comments on this application should be submitted to the Chief, Permits, Conservation and Education Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email toNMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits, Conservation and Education Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kristy Beard, (301) 713–2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant requests authorization to import one female adult South African fur seal from the Toronto Zoo, Ontario, Canada to the Louisville PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 16077 Zoological Garden. The applicant requests this import for the purpose of public display. The receiving facility, the Louisville Zoological Garden is: (1) open to the public on regularly scheduled basis with access that is not limited or restricted other than by charging for an admission fee; (2) offers an educational program based on professionally accepted standards of the Association of Zoos and Aquariums; and (3) holds an Exhibitor’s License, number 61–C–0106, issued by the U.S. Department of Agriculture under the Animal Welfare Act (7 U.S.C. §§ 2131 59). In addition to determining whether the applicant meets the three public display criteria, NMFS must determine whether the applicant has demonstrated that the proposed activity is humane and does not represent any unnecessary risks to the health and welfare of marine mammals; that the proposed activity by itself, or in combination with other activities, will not likely have a significant adverse impact on the species or stock; and that the applicant’s expertise, facilities and resources are adequate to accomplish successfully the objectives and activities stated in the application. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: March 26, 2010. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–7257 Filed 3–30–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee Public Meeting AGENCY: International Trade Administration, DOC. ACTION: Notice of Federal advisory committee meeting. SUMMARY: This notice sets forth the schedule and proposed agenda of the E:\FR\FM\31MRN1.SGM 31MRN1

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[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16076-16077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7260]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV57


Marine Mammals; File No. 15206

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; receipt of application.

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

SUMMARY:  Notice is hereby given that Sea World LLC, 9205 South Park 
Center Loop, Suite 400, Orlando, FL 32819, has applied in due form for 
a permit to import one beluga whale (Delphinapterus leucas) for the 
purposes of public display.

DATES: Written or telefaxed comments must be received on or before 
April 30, 2010.

ADDRESSES:  The application and related documents are available for 
review upon written request or by appointment in the following offices:
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301) 713-2289; fax (301) 713-0376; and
    Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 
33701; phone (727) 824-5312; fax (727) 824-5309.
    Written comments on this application should be submitted to the 
Chief, Permits, Conservation and Education Division, at the address 
listed above. Comments may also be submitted by facsimile to (301) 713-
0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File 
No. in the subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits, Conservation and Education 
Division at the address listed above. The request should set forth the 
specific reasons why a hearing on this application would be 
appropriate.

FOR FURTHER INFORMATION CONTACT:  Jennifer Skidmore or Kristy Beard, 
(301) 713-2289.

[[Page 16077]]


SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of the Marine Mammal Protection Act of 1972, as amended (16 
U.S.C. 1361 et seq.), and the regulations governing the taking and 
importing of marine mammals (50 CFR part 216).
    The applicant requests authorization to import one male adult 
beluga whale from the Vancouver Aquarium Marine Science Center, British 
Columbia, Canada to Sea World of Texas. The applicant requests this 
import for the purpose of public display. The receiving facility, Sea 
World of Texas, 10500 SeaWorld Drive, San Antonio, TX 78251 is: (1) 
open to the public on regularly scheduled basis with access that is not 
limited or restricted other than by charging for an admission fee; (2) 
offers an educational program based on professionally accepted 
standards of the Association of Zoos and Aquariums and the Alliance for 
Marine Mammal Parks and Aquariums; and (3) holds an Exhibitor's 
License, number 58-C-0077, issued by the U.S. Department of Agriculture 
under the Animal Welfare Act (7 U.S.C. Sec. Sec.  2131 - 59).
    In addition to determining whether the applicant meets the three 
public display criteria, NMFS must determine whether the applicant has 
demonstrated that the proposed activity is humane and does not 
represent any unnecessary risks to the health and welfare of marine 
mammals; that the proposed activity by itself, or in combination with 
other activities, will not likely have a significant adverse impact on 
the species or stock; and that the applicant's expertise, facilities 
and resources are adequate to accomplish successfully the objectives 
and activities stated in the application.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an initial determination has been made that 
the activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: March 26, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-7260 Filed 3-30-10; 8:45 am]
BILLING CODE 3510-22-S
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