Proposed Information Collection; Comment Request; Limits on Applications of Take Prohibitions, 41375-41376 [2012-17092]

Download as PDF Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices respect to the weighted-average dumping margin assigned to Essar Steel Limited (Essar). DATES: Effective Date: July 9, 2012. FOR FURTHER INFORMATION CONTACT: Victoria Cho or Christopher Hargett, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5075, and (202) 482–4161, respectively. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with NOTICES Background Subsequent to the completion of the administrative review under the antidumping duty order on certain hotrolled carbon steel flat products from India, U.S. Steel Corporation (U.S. Steel) and Nucor Corporation (Nucor) challenged certain aspects of the Final Results at the Court. On June 14, 2011, the Court remanded the Final Results and instructed the Department (1) to determine whether record evidence proved that Essar’s contingent liability for deferred import duties under the duty-drawback program had been removed or permanently excused, and (2) to reevaluate the record evidence and change, or more fully explain, the selection of date of sale. See U.S. Steel Corp. I, 2011 WL 2421154 at *1, 4. On remand, the Department recalculated Essar’s weighted-average dumping margin using the invoice date as the date of sale, and revised Essar’s weighted-average dumping margin to deny an adjustment for duty drawback for a specific invoice. See, generally, First Remand Results. At that time, the Department declined to make certain changes to Essar’s cost of production to account for exempted duties. See id. at 7–8. On April 11, 2012, the Court sustained in part and remanded in part the Department’s First Remand Results. Specifically, the Court remanded the proceeding for a second time and instructed the Department (1) to correct a ministerial error in computer programming and (2) to adjust normal value by adding exempted duties to Essar’s cost of production or to explain why the Department must depart from its recently-affirmed practice of allowing for such adjustments to the cost of production. See U.S. Steel Corp. II, 2012 WL 1259085 at *4. On remand, the Department corrected the computer programming error. See Second Remand Results at 2–3. Moreover, in accordance with its established practice, the Department adjusted normal value by adding VerDate Mar<15>2010 17:08 Jul 12, 2012 Jkt 226001 exempted duties to Essar’s cost of production. See id. at 3–4. As a result, Essar’s weighted-average dumping margin changed from 5.22 percent to 9.01 percent. See id. at 5. On June 28, 2012, the Court sustained the Department’s Second Remand Results and entered judgment accordingly. See U.S. Steel Corp. III, Slip Op. 12–91 at 1–2. Timken Notice In its decision in Timken,1 as clarified by Diamond Sawblades, the Federal Circuit has 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 not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s June 28, 2012, judgment sustaining the Second Remand Results constitutes a final decision of the Court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirement 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. The cash deposit rate will remain the companyspecific rate established for Essar for the subsequent and most recent period during which the respondent was reviewed.2 Amended Final Determination Because there is now a final court decision, we are amending the Final Results with respect to Essar’s weightedaverage dumping margin for the period December 1, 2005, through November 30, 2006. The revised weighted-average dumping margin is as follows: Exporter Weighted average dumping margin (percent) Essar Steel Limited .............. 9.01 In the event the Court’s ruling is not appealed, or if appealed, upheld by the Federal Circuit, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise Timken, 893 F.2d at 341. Certain Hot-Rolled Carbon Steel Flat Products from India: Notice of Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part, 75 FR 27297, 27298 (May 14, 2010). PO 00000 1 See 2 See Frm 00026 Fmt 4703 Sfmt 4703 41375 exported by Essar using the revised assessment rate calculated by the Department in the Second Remand Results. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: July 3, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–17147 Filed 7–12–12; 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 National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: 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 September 11, 2012. SUMMARY: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@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: ADDRESSES: 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 E:\FR\FM\13JYN1.SGM 13JYN1 41376 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 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 srobinson on DSK4SPTVN1PROD with NOTICES III. Data OMB Control Number: 0648–0399. Form Number: None. Type of Review: Regular submission (extension of a currently approved information collection). 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. 17:08 Jul 12, 2012 Jkt 226001 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: July 10, 2012. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2012–17092 Filed 7–12–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Council to convene public meetings. AGENCY: Submissions may be in paper or electronic format. VerDate Mar<15>2010 IV. Request for Comments The Gulf of Mexico Fishery Management Council will convene three web based meetings of the ABC Control Rule Working Group. DATES: The first webinar meeting will convene on Tuesday, July 31, 2012. The webinar will begin at 9 a.m. and is expected end by 12 noon eastern time. ADDRESSES: The webinars will be accessible via Internet. Please go to the Gulf of Mexico Fishery Management Council’s Web site at www.gulfcouncil.org for instructions. Council address: Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607. SUMMARY: FOR FURTHER INFORMATION CONTACT: Steven Atran, Population Dynamics Statistician; Gulf of Mexico Fishery PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 Management Council; telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: The ABC Control Rule Working Group will meet to review an alternative method of assigning appropriate risk of overfishing levels to stocks based on the status, productivity, susceptibility and resiliency of the stock. The working group will also review its previous recommendations for revisions to the ABC control rule and evaluate other possible revisions. Copies of the agenda and other related materials can be obtained by calling (813) 348–1630. Materials will also be available to download from the ABC Control Rule Working Group folder of the Council’s FTP site, which is accessible from the Quick Links section of the Council Web site (http:// www.gulfcouncil.org). Although other non-emergency issues not on the agenda may come before the ABC Control Rule Working Group for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions of the Working Group will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take action to address the emergency. Special Accommodations This webinar is accessible to people with disabilities. For assistance with any of our webinars contact Kathy Pereira at the Council (see ADDRESSES) at least 5 working days prior to the webinar. Dated: July 10, 2012. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–17083 Filed 7–12–12; 8:45 am] BILLING CODE 3510–22–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Agency Information Collection Activities; Proposed Information Collection; Comment Request; Correction ACTION: E:\FR\FM\13JYN1.SGM Notice of Correction. 13JYN1

Agencies

[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Notices]
[Pages 41375-41376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17092]


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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), 
Commerce.

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 September 11, 
2012.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at JJessup@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

[[Page 41376]]

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 (extension of a currently 
approved information collection).
    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.

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: July 10, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2012-17092 Filed 7-12-12; 8:45 am]
BILLING CODE 3510-22-P