Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 45341-45342 [2012-18669]
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45341
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed at 19
CFR 351.103(d)).
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information. See section 782(b)
of the Act. Parties are hereby reminded
that revised certification requirements
are in effect for company/government
officials as well as their representatives
in all segments of any antidumping duty
or countervailing duty proceedings
initiated on or after March 14, 2011. See
Certification of Factual Information to
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR
7491 (February 10, 2011) (‘‘Interim Final
Rule’’), amending 19 CFR 351.303(g)(1)
and (2). The formats for the revised
certifications are provided at the end of
the Interim Final Rule. The Department
intends to reject factual submissions in
any proceeding segments initiated on or
after March 14, 2011 if the submitting
party does not comply with the revised
certification requirements.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: July 26, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–18685 Filed 7–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC127
Incidental Taking of Marine Mammals;
Taking of Marine Mammals Incidental
to the Explosive Removal of Offshore
Structures in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
Company
EOG Resources ..................
VerDate Mar<15>2010
16:48 Jul 30, 2012
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of Letters of
Authorization (LOA).
In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that NMFS
has issued a one-year LOA to take
marine mammals incidental to the
explosive removal of offshore oil and
gas structures (EROS) in the Gulf of
Mexico.
DATES: This authorization is effective
from September 3, 2012 through July 19,
2013.
ADDRESSES: The application and LOA
are available for review by writing to P.
Michael Payne, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910–
3235 or by telephoning the contact
listed here (see FOR FURTHER
INFORMATION CONTACT), or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS,
301–427–8401.
SUPPLEMENTARY INFORMATION: Section
101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the Secretary of
Commerce (who has delegated the
authority to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by United States
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region,
if certain findings are made and
regulations are issued. Under the
MMPA, the term ‘‘take’’ means to
harass, hunt, capture, or kill or to
attempt to harass, hunt, capture, or kill
any marine mammal.
Authorization for incidental taking, in
the form of annual LOAs, may be
granted by NMFS for periods up to five
years if NMFS finds, after notice and
opportunity for public comment, that
the total taking over the five-year period
will have a negligible impact on the
SUMMARY:
Dates
Marine mammals sighted
(individuals)
June 19 to 25, 2011 ...........
July 31 to August 2, 2011 ..
Bottlenose dolphins (88) ..........
Structure
Eugene Island Area,
135, Platform B.
Jkt 226001
PO 00000
species or stock(s) of marine mammals,
and will not have an unmitigable
adverse impact on the availability of the
species or stock(s) for subsistence uses
(where relevant). In addition, NMFS
must prescribe regulations that include
permissible methods of taking and other
means of effecting the least practicable
adverse impact on the species and its
habitat (i.e., mitigation), and on the
availability of the species for
subsistence uses, paying particular
attention to rookeries, mating rounds,
and areas of similar significance. The
regulations also must include
requirements pertaining to the
monitoring and reporting of such taking.
Regulations governing the taking of
marine mammals incidental to EROS
were published on June 19, 2008 (73 FR
34875), and remain in effect through
July 19, 2013. For detailed information
on this action, please refer to that
Federal Register notice. The species
that applicants may take in small
numbers during EROS activities are
bottlenose dolphins (Tursiops
truncatus), Atlantic spotted dolphins
(Stenella frontalis), pantropical spotted
dolphins (Stenella attenuata), Clymene
dolphins (Stenella clymene), striped
dolphins (Stenella coeruleoalba),
spinner dolphins (Stenella longirostris),
rough-toothed dolphins (Steno
bredanensis), Risso’s dolphins
(Grampus griseus), melon-headed
whales (Peponocephala electra), shortfinned pilot whales (Globicephala
macrorhynchus), and sperm whales
(Physeter macrocephalus). NMFS
received requests for a LOA from EOG
Resources, Inc. (EOG Resources) for
activities covered by EROS regulations.
Reporting
NMFS Galveston Laboratory’s
Platform Removal Observer Program
(PROP) has provided reports for EOG
Resources removal of offshore structures
during 2011. NMFS PROP observers and
non-NMFS observers reported the
following during EOG Resource’s EROS
operations in 2011:
Block
Frm 00014
Fmt 4703
Sfmt 4703
E:\FR\FM\31JYN1.SGM
31JYN1
Biological impacts observed
to marine mammals
None.
45342
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
Company
Structure
Dates
Marine mammals sighted
(individuals)
EOG Resources ..................
Mustang Island Area, Block
759, Platform B.
Eugene Island Area, Block
135, Platform A.
July 6 to 9, 2011 .................
Bottlenose dolphins (2) ............
Spotted dolphins (14) ..............
Bottlenose dolphins (33) ..........
EOG Resources ..................
Pursuant to these regulations, NMFS
has issued a LOA to EOG Resources.
Issuance of the LOA is based on a
finding made in the preamble to the
final rule that the total taking over the
five-year period (with monitoring,
mitigation, and reporting measures) will
have a negligible impact on the affected
species or stock(s) of marine mammals
and will not have an unmitigable
adverse impact on subsistence uses.
NMFS will review reports to ensure that
the applicants are in compliance with
meeting the requirements contained in
the implementing regulations and LOA,
including monitoring, mitigation, and
reporting requirements.
Dated: July 25, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2012–18669 Filed 7–30–12; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 12–1]
Maxfield and Oberton Holdings, LLC;
Complaint
Consumer Product Safety
Commisson.
AGENCY:
Publication of a Complaint
under the Consumer Product Safety Act.
ACTION:
Under provisions of its Rules
of Practice for Adjudicative Proceeding
(16 CFR part 1025), the Consumer
Product Safety Commission must
publish in the Federal Register
Complaints which it issues. Published
below is a Complaint in the matter of
Maxfield and Oberton Holdings, LLC.1
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
The text of
the Complaint appears below.
SUPPLEMENTARY INFORMATION:
1 The Commission voted 3–1 to authorize
issuance of this Complaint. Chairman Inez M.
Tenenbaum, Commissioner Anne M. Northup and
Commissioner Robert S. Adler voted to authorize
issuance of the Complaint. Commissioner Nancy A.
Nord voted to not authorize issuance of the
Complaint.
VerDate Mar<15>2010
16:48 Jul 30, 2012
Jkt 226001
July 22 to 31, 2011 .............
Dated: July 26, 2012.
Todd A. Stevenson,
Secretary.
Nature of Proceedings
1. This is an administrative
enforcement proceeding pursuant to
Section 15 of the Consumer Product
Safety Act (‘‘CPSA’’), as amended, 15
U.S.C. 2064, for public notification and
remedial action to protect the public
from the substantial risks of injury
presented by aggregated masses of highpowered, small rare earth magnets
known as Buckyballs® and
BuckycubesTM (collectively, the
‘‘Subject Products’’), imported and
distributed by Maxfield and Oberton
Holdings, LLC (‘‘Maxfield’’ or
‘‘Respondent’’).
2. This proceeding is governed by the
Rules of Practice for Adjudicative
Proceedings before the Consumer
Product Safety Commission (the
‘‘Commission’’), 16 CFR Part 1025.
Jurisdiction
3. This proceeding is instituted
pursuant to the authority contained in
Sections 15(c), (d) and (f) of the CPSA,
15 U.S.C 2064(c), (d) and (f).
Parties
4. Complaint Counsel is the staff of
the Division of Compliance within the
Office of the General Counsel of the
Commission (‘‘Complaint Counsel’’).
The Commission is an independent
federal regulatory agency established
pursuant to Section 4 of the CPSA, 15
U.S.C. 2053.
5. Respondent Maxfield is a domestic
corporation with its principal place of
business located at 180 Varick Street,
Suite 212, New York, New York 20014.
Respondent is an importer and
distributor of the Subject Products
known as Buckyballs® and
BuckycubesTM.
6. As importer and distributor of the
Subject Products, Respondent is a
‘‘manufacturer’’ and ‘‘distributor’’ of a
‘‘consumer product’’ that is ‘‘distributed
in commerce,’’ as those terms are
defined in CPSA sections 3(a)(5), (7), (8)
and (11) of the CPSA, 15 U.S.C.
2052(a)(5), (7), (8) and (11).
Frm 00015
Fmt 4703
None.
None.
The Consumer Product
Complaint
PO 00000
Biological impacts observed
to marine mammals
Sfmt 4703
7. The Subject Products are imported
and distributed in U.S. commerce and
offered for sale to consumers for their
personal use in or around a permanent
or temporary household or residence, a
school, and in recreation or otherwise.
The Subject Products consist of small,
individual magnets that are packaged as
aggregated masses in different sized
containers holding 10, 125, and 216
small magnets, ranging in size from
approximately 4.01 mm to 5.03 mm,
with a variety of coatings, and a flux
index of over 50. Upon information and
belief, the flux of the Subject Products
has reached levels ranging from 204.1 to
556 kg2mm2 Surface Flux Index.
8. Upon information and belief,
Buckyballs,® which are small
spherically shaped magnets, were
introduced in U.S. commerce in March
2009.
9. Upon information and belief,
BuckycubesTM, which are small cube
shaped magnets, were introduced in
U.S. commerce in October 2011.
10. Upon information and belief, the
Subject Products are manufactured by
Ningo Prosperous Imp. & Exp. Co. Ltd.,
of Ningbo City, in China.
11. Upon information and belief,
Respondent initially advertised and
marketed Buckyballs® to appeal to
children, calling it an ‘‘amazing
magnetic toy.’’
12. Upon information and belief,
Respondent advertised and marketed
Buckyballs® by comparing its appeal to
that of other children’s products such as
erector sets, hula hoops, and Silly Putty.
13. Upon information and belief,
despite making no significant design or
physical changes to the product since its
introduction in 2009, Respondent
subsequently rebranded Buckyballs® as
an adult executive desk toy and/or
stress reliever, marketing and
advertising it as such.
14. The Subject Products are sold
with a carrying case and range in retail
price from approximately $19.95 to
$100.00. Upon information and belief,
the Subject Products can also be
purchased in sets of 10 for $3.50
without a carrying case.
E:\FR\FM\31JYN1.SGM
31JYN1
Agencies
[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Notices]
[Pages 45341-45342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18669]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC127
Incidental Taking of Marine Mammals; Taking of Marine Mammals
Incidental to the Explosive Removal of Offshore Structures in the Gulf
of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Letters of Authorization (LOA).
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that NMFS has
issued a one-year LOA to take marine mammals incidental to the
explosive removal of offshore oil and gas structures (EROS) in the Gulf
of Mexico.
DATES: This authorization is effective from September 3, 2012 through
July 19, 2013.
ADDRESSES: The application and LOA are available for review by writing
to P. Michael Payne, Chief, Permits and Conservation Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3235 or by telephoning the
contact listed here (see FOR FURTHER INFORMATION CONTACT), or online
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited
in this notice may be viewed, by appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS, 301-427-8401.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the Secretary of Commerce (who has delegated the
authority to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by United States
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region, if certain findings
are made and regulations are issued. Under the MMPA, the term ``take''
means to harass, hunt, capture, or kill or to attempt to harass, hunt,
capture, or kill any marine mammal.
Authorization for incidental taking, in the form of annual LOAs,
may be granted by NMFS for periods up to five years if NMFS finds,
after notice and opportunity for public comment, that the total taking
over the five-year period will have a negligible impact on the species
or stock(s) of marine mammals, and will not have an unmitigable adverse
impact on the availability of the species or stock(s) for subsistence
uses (where relevant). In addition, NMFS must prescribe regulations
that include permissible methods of taking and other means of effecting
the least practicable adverse impact on the species and its habitat
(i.e., mitigation), and on the availability of the species for
subsistence uses, paying particular attention to rookeries, mating
rounds, and areas of similar significance. The regulations also must
include requirements pertaining to the monitoring and reporting of such
taking.
Regulations governing the taking of marine mammals incidental to
EROS were published on June 19, 2008 (73 FR 34875), and remain in
effect through July 19, 2013. For detailed information on this action,
please refer to that Federal Register notice. The species that
applicants may take in small numbers during EROS activities are
bottlenose dolphins (Tursiops truncatus), Atlantic spotted dolphins
(Stenella frontalis), pantropical spotted dolphins (Stenella
attenuata), Clymene dolphins (Stenella clymene), striped dolphins
(Stenella coeruleoalba), spinner dolphins (Stenella longirostris),
rough-toothed dolphins (Steno bredanensis), Risso's dolphins (Grampus
griseus), melon-headed whales (Peponocephala electra), short-finned
pilot whales (Globicephala macrorhynchus), and sperm whales (Physeter
macrocephalus). NMFS received requests for a LOA from EOG Resources,
Inc. (EOG Resources) for activities covered by EROS regulations.
Reporting
NMFS Galveston Laboratory's Platform Removal Observer Program
(PROP) has provided reports for EOG Resources removal of offshore
structures during 2011. NMFS PROP observers and non-NMFS observers
reported the following during EOG Resource's EROS operations in 2011:
----------------------------------------------------------------------------------------------------------------
Marine mammals Biological impacts
Company Structure Dates sighted observed to marine
(individuals) mammals
----------------------------------------------------------------------------------------------------------------
EOG Resources.................. Eugene Island June 19 to 25, Bottlenose None.
Area, Block 135, 2011. dolphins (88).
Platform B. July 31 to August
2, 2011.
[[Page 45342]]
EOG Resources.................. Mustang Island July 6 to 9, 2011 Bottlenose None.
Area, Block 759, dolphins (2).
Platform B. Spotted dolphins
(14).
EOG Resources.................. Eugene Island July 22 to 31, Bottlenose None.
Area, Block 135, 2011. dolphins (33).
Platform A.
----------------------------------------------------------------------------------------------------------------
Pursuant to these regulations, NMFS has issued a LOA to EOG
Resources. Issuance of the LOA is based on a finding made in the
preamble to the final rule that the total taking over the five-year
period (with monitoring, mitigation, and reporting measures) will have
a negligible impact on the affected species or stock(s) of marine
mammals and will not have an unmitigable adverse impact on subsistence
uses. NMFS will review reports to ensure that the applicants are in
compliance with meeting the requirements contained in the implementing
regulations and LOA, including monitoring, mitigation, and reporting
requirements.
Dated: July 25, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-18669 Filed 7-30-12; 8:45 am]
BILLING CODE 3510-22-P