Marine Mammals; File No. 15537, 28239-28240 [2010-12123]

Download as PDF Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices Department shall, subject to section 782(d) of the Act, use the facts otherwise available in reaching the applicable determination under this title. Furthermore, section 776(b) of the Act provides that, if a party has failed to act to the best of its ability, the Department may apply an adverse inference. Thus, for the purposes of critical circumstances, we have applied adverse facts available (‘‘AFA’’) to Mayerton in accordance with sections 776(a) and (b) of the Act. Accordingly, as AFA we preliminarily find that there were massive imports of merchandise from Mayerton. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 C. Separate Rate Applicants As noted above, we requested seven months of shipment information from RHI, a mandatory respondent in this investigation, and determined that RHI’s imports were massive. Because it has been the Department’s practice to conduct its massive imports analysis of separate rate companies based on the experience of investigated companies,10 we did not request monthly shipment information from the separate rate applicants. The Department has relied upon RHI’s import data in determining whether there have been massive imports for the separate rate companies. Accordingly, based on RHI’s import data, we find that imports in the postpetition period were massive for those companies because RHI’s import volume is greater than 15 percent when comparing the base period to the comparison period. See Critical Circumstances Memo. Thus, pursuant to 19 CFR 351.206(h), we determine that this increase, being greater than 15 percent, shows that imports in the comparison period were massive for the separate rate companies. D. PRC-Wide Entity Because the PRC-wide entity did not cooperate with the Department by not responding to the Department’s antidumping questionnaire, we were unable to obtain shipment data from the PRC-wide entity for purposes of our critical circumstances analysis, and thus there is no verifiable information on the record with respect to its export volumes. Section 776(a)(2) of the Act provides that, if an interested party or any other person (A) withholds information that has been requested by the administering authority or the Commission under this title, (B) fails to provide such information by the deadlines for submission of the information or in the 10 See, e.g., OCTG, 74 FR at 59121. VerDate Mar<15>2010 15:45 May 19, 2010 form and manner requested, subject to subsections (c)(1) and (e) of section 782 of the Act, (C) significantly impedes a proceeding under the Act, or (D) provides such information but the information cannot be verified as provided in section 782(i) of the Act, the Department shall, subject to section 782(d) of the Act, use the facts otherwise available in reaching the applicable determination under this title. Furthermore, section 776(b) of the Act provides that, if a party has failed to act to the best of its ability, the Department may apply an adverse inference. The PRC-wide entity did not respond to the Department’s request for information. Thus, we are using facts available, in accordance with section 776(a) of the Act, and, pursuant to section 776(b) of the Act, we also find that AFA is warranted because the PRC-wide entity has not acted to the best of its ability in not responding to the request for information. Accordingly, as AFA we preliminarily find that there were massive imports of merchandise from the PRC-wide entity.11 after the deadline date for case briefs. See 19 CFR 351.309(c)(i) and (d). A list of authorities used and an executive summary of issues should accompany any briefs submitted to the Department. This summary should be limited to five pages total, including footnotes. Critical Circumstances Record evidence indicates that importers of the merchandise under consideration knew, or should have known, that exporters were selling the merchandise at LTFV, and that there was likely to be material injury by reason of such sales. In addition, record evidence indicates that RHI, Mayerton, the separate rate applicants and the PRC-wide entity had massive imports during a relatively short period. Therefore, in accordance with section 733(e)(1) of the Act, we preliminarily find that there is reason to believe or suspect that critical circumstances exist for imports of subject merchandise from RHI, Mayerton, the separate rate applicants and the PRC-wide entity in this antidumping duty investigation. [FR Doc. 2010–12144 Filed 5–19–10; 8:45 am] ITC Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary determination. Public Comment As noted in the Preliminary Determination, case briefs or other written comments may be submitted to the Assistant Secretary for Import Administration no later than seven business days after the date on which the final verification report is issued in this proceeding. Rebuttal briefs limited to issues raised in case briefs must be received no later than five business days 11 See Jkt 220001 28239 PO 00000 OCTG, 74 FR at 59121. Frm 00010 Fmt 4703 Sfmt 4703 Suspension of Liquidation With respect to the RHI, Mayerton, the separate rate applicants and the PRC-wide entity, in accordance with section 733(e)(2)(A) of the Act, we will direct CBP to suspend liquidation of all unliquidated entries of bricks from the PRC that were entered, or withdrawn from warehouse, for consumption on or after December 14, 2010, which is 90 days prior to March 12, 2010, the date of publication in the Federal Register of our Preliminary Determination in this investigation. This determination is published pursuant to section 733(f) of the Act and 19 CFR 351.206(c)(2)(ii). Dated: May 13, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XW51 Marine Mammals; File No. 15537 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that Institute for Marine Mammal Studies (IMMS), P.O. Box 207, Gulfport, MS 39502 (Dr. Moby Solangi, Responsible Party), has applied in due form for a permit to obtain stranded, releasable California sea lions (Zalophus californianus) from the National Marine Mammal Stranding Response Program for the purposes of public display. DATES: Written or telefaxed comments must be received on or before June 21, 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 E:\FR\FM\20MYN1.SGM 20MYN1 wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 28240 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 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. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Amy Sloan, (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 is requesting a permit to take releasable stranded California sea lions (two males and six females) from west coast stranding facilities for public display purposes. IMMS is the only marine mammal public display facility in the states of Mississippi and Alabama. The receiving facility, IMMS 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 that is consistent with professional recognized standards of informal education in aquaria and zoos across America, including the Association of Zoos and Aquariums; and (3) holds an Exhibitor’s License, number 65–C–0540, issued by the U.S. Department of Agriculture under the Animal Welfare Act (7 U.S.C. §§ 2131-59). IMMS will also consider non-releasable sea lions and each animal will be evaluated on a case by case basis. The permit is requested for five years. 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. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this VerDate Mar<15>2010 15:45 May 19, 2010 Jkt 220001 application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: May 14, 2010. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814 (301) 504–7923. [FR Doc. 2010–12123 Filed 5–19–10; 8:45 am] Dated: May 14, 2010. Todd A. Stevenson, Secretary. BILLING CODE 3510–22–S [FR Doc. 2010–12279 Filed 5–18–10; 4:15 pm] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION DEPARTMENT OF DEFENSE Sunshine Act Meetings Office of the Secretary Wednesday, May 26, 2010, 9 a.m.–11 a.m. PLACE: Hearing Room 420, Bethesda Towers, 4330 East West Highway, Bethesda, Maryland. STATUS: Commission Meeting—Open to the Public. MATTERS TO BE CONSIDERED: 1. Pending Decisional Matters: (a) Baby Walkers Final Rule; and (b) Revocation of the Ban of Certain Baby Walkers. A live webcast of the Meeting can be viewed at https://www.cpsc.gov/webcast. For a recorded message containing the latest agenda information, call (301) 504–7948. CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504–7923. [Docket ID: DOD–2010–OS–0065] TIME AND DATE: Dated: May 14, 2010. Todd A. Stevenson, Secretary. [FR Doc. 2010–12278 Filed 5–18–10; 4:15 pm] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION Sunshine Act Meetings TIME AND DATE: Wednesday, May 26, 2010; 2 p.m.–4 p.m. PLACE: Hearing Room 420, Bethesda Towers, 4330 East West Highway, Bethesda, Maryland. STATUS: Closed to the public. MATTERS TO BE CONSIDERED: Compliance Status Report The Commission staff will brief the Commission on the status of compliance matters. For a recorded message containing the latest agenda information, call (301) 504–7948. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Privacy Act of 1974; System of Records Office of the Secretary, DoD. Notice to alter a system of AGENCY: ACTION: records. SUMMARY: The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action would be effective without further notice on June 21, 2010, unless comments are received which result in a contrary determination. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: * Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. * Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588–6830. SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the Chief, OSD/JS Privacy Office, Freedom of Information Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington DC 20301–1155. E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Pages 28239-28240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW51


Marine Mammals; File No. 15537

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

ACTION:  Notice; receipt of application.

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

SUMMARY:  Notice is hereby given that Institute for Marine Mammal 
Studies (IMMS), P.O. Box 207, Gulfport, MS 39502 (Dr. Moby Solangi, 
Responsible Party), has applied in due form for a permit to obtain 
stranded, releasable California sea lions (Zalophus californianus) from 
the National Marine Mammal Stranding Response Program for the purposes 
of public display.

DATES:  Written or telefaxed comments must be received on or before 
June 21, 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

[[Page 28240]]

    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.

FOR FURTHER INFORMATION CONTACT:  Jennifer Skidmore or Amy Sloan, (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 is requesting a permit to take releasable stranded 
California sea lions (two males and six females) from west coast 
stranding facilities for public display purposes. IMMS is the only 
marine mammal public display facility in the states of Mississippi and 
Alabama. The receiving facility, IMMS 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 that is consistent with professional recognized standards of 
informal education in aquaria and zoos across America, including the 
Association of Zoos and Aquariums; and (3) holds an Exhibitor's 
License, number 65-C-0540, issued by the U.S. Department of Agriculture 
under the Animal Welfare Act (7 U.S.C. Sec. Sec.  2131-59). IMMS will 
also consider non-releasable sea lions and each animal will be 
evaluated on a case by case basis. The permit is requested for five 
years.
    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.
    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: May 14, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-12123 Filed 5-19-10; 8:45 am]
BILLING CODE 3510-22-S
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