Reorganization of Foreign-Trade Zone 93 Under Alternative Site Framework, Raleigh/Durham, NC, 73978-73979 [2012-29883]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
existing Road 233 to a trail or
completely decommissioning the road;
or (3) Use/improve an existing
alternative road (Road 522 and 1803,
from State Highway 14 at the mouth of
Red River up to the intersection of Road
233 at the mouth of Relief Creek). The
Forest may consider converting the
existing Road 233 to a trail or
completely decommissioning the road.
Lead and Cooperating Agencies
The Nez Perce-Clearwater National
Forests of the USDA-Forest Service is
the lead agency. Cooperating agencies
include: the Nez Perce Tribe and
Bonneville Power Agency.
Responsible Official
Rick Brazell, Forest Supervisor, Nez
Perce-Clearwater National Forests, 104
Airport Road, Grangeville, ID 83530 is
the responsible official for this proposal.
Nature of Decision To Be Made
The Nez Perce National Forest will
decide whether or not to complete the
Crooked River Meanders project and the
extent of location of stream
rehabilitation. The Forest will also
decide whether or not to re-align the
Crooked River Narrows Road and the
extent and location of road
reconstruction. The forest will decide
what design and mitigation measures
and monitoring would be included.
Preliminary Issues identified include
the effects to cultural resources, public
access, and future road maintenance
costs.
mstockstill on DSK4VPTVN1PROD with
Permits or Licenses Required
Permits that may be needed for this
project are related to Clean Water Act
(CWA) and the Endangered Species Act.
If necessary, permits may include:
CWA—Section 404 permits from the
Corp or Engineers, Stream Alteration
Act Permit from Idaho Department of
Water Resources, CWA—Section 401
Certification from Idaho Department of
Environmental Quality, Incidental Take
Permits included as part of the
Biological Opinions from NOAA
Fisheries and U.S. Fish and Wildlife
Service, or CWA—Section 402 NPDES
permits from the Environmental
Protection Agency.
Scoping Process
This notice of intent initiates the
scoping process, which guides the
development of the environmental
impact statement. The U.S. Forest
Service uses the process required by the
National Environmental Policy Act
(NEPA). NEPA requires a systematic,
interdisciplinary approach to ensure
integrated application of the natural and
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social sciences and the environmental
design arts in any planning and decision
making that affects the human
environment (42 U.S.C. 4332(2)(A)).
Comments are accepted for 45 days after
notification in the Federal Register.
These comments help identify
significant issues and/or eliminate nonsignificant issues from detailed study in
the environmental impact statement.
Comments are most useful if they are
specific. It is important that reviewers
provide their comments at such times
and in such manner that they are useful
to the agency’s preparation of the
environmental impact statement.
Therefore, comments should be
provided prior to the close of the
comment period and should clearly
articulate the reviewer’s concerns and
contentions. Comments received in
response to this solicitation, including
names and addresses of those who
comment, will be part of the public
record for this proposed action.
Comments submitted anonymously will
be accepted and considered, however.
The Forest Service is seeking
information and comments from other
Federal, State, and local agencies; Tribal
Governments, and organizations and
individuals who may be interested in or
affected by the proposed action
presented in this notice of intent. A
draft envronmenal impact statement
will be prepared for comment in the
future. The second major opportunity
for public input will be when the Draft
EIS is published. The comment period
for the Draft EIS will be 45-days from
the date the Envirnmental Protectoin
Agency published the notice of
availability in the Federal Register. The
Draft EIS is anticipated to be available
for public review in October 2014.
Dated: November 30, 2012.
Rick Brazell,
Nez Perce-Clearwater Forests, Forest
Supervisor.
(TTA), located in Rockwood, Tennessee,
with authority to manufacture carbon
fiber for export and oxidized
polyacrylonitrile fiber (Board Order
1868, 77 FR 69435, 11/19/2012). Board
Order 1868 did not include authority to
manufacture carbon fiber for the U.S.
market; the request for such authority
will continue to be reviewed by the FTZ
Board’s staff before the staff makes any
recommendation to the FTZ Board for a
final decision.
On November 16, 2012, the Industrial
Development Board of Blount County,
grantee of FTZ 148, made a submission
to the FTZ Board (incorporating
information from TTA) that included
new evidence in response to the FTZ
staff’s preliminary recommendation not
to authorize TTA to manufacture carbon
fiber for the U.S. market at this time.
Public comment is invited on the
applicant’s new submission through
January 11, 2013. Rebuttal comments
may be submitted during the subsequent
15-day period, until January 28, 2013.
Submissions shall be addressed to the
Board’s Executive Secretary at: ForeignTrade Zones Board, U.S. Department of
Commerce, Room 21013, 1401
Constitution Ave. NW., Washington, DC
20230.
A copy of the applicant’s November
16, 2012, submission will be available
for public inspection at the address
above, and in the ‘‘Reading Room’’
section of the Board’s Web site, which
is accessible via www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: December 6, 2012.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012–29974 Filed 12–11–12; 8:45 am]
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DEPARTMENT OF COMMERCE
[FR Doc. 2012–29836 Filed 12–11–12; 8:45 am]
Foreign-Trade Zones Board
BILLING CODE 3410–11–M
[Order No. 1872]
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket 57–2010]
Foreign-Trade Zone 148—Knoxville,
TN, Toho Tenax America, Inc. (Carbon
Fiber Manufacturing Authority),
Opening of Comment Period on New
Evidence
On November 7, 2012, the ForeignTrade Zones (FTZ) Board approved
Subzone 148C at the manufacturing
facilities of Toho Tenax America, Inc.
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Reorganization of Foreign-Trade Zone
93 Under Alternative Site Framework,
Raleigh/Durham, NC
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (74 FR
1170, 01/12/2009; correction 74 FR
3987, 01/22/2009; 75 FR 71069–71070,
11/22/2010) as an option for the
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with
establishment or reorganization of
general-purpose zones;
Whereas, the Triangle J Council of
Governments, grantee of Foreign-Trade
Zone 93, submitted an application to the
Board (FTZ Docket 13, 2012, filed
03/07/2012) for authority to reorganize
under the ASF with a service area of
Chatham, Durham, Franklin, Granville,
Harnett, Johnston, Lee, Moore, Orange,
Person, Vance, Wake and Warren
Counties, North Carolina, within and
adjacent to the Raleigh-Durham
Customs and Border Protection port of
entry. Sites 1 and 1A would be
renumbered as Sites 4 and 1,
respectively. FTZ 93’s Sites 1, 3, and 4
would be categorized as magnet sites,
and FTZ 93’s existing Site 2 would be
categorized as a usage-driven site.
Whereas, notice inviting public
comment was given in the Federal
Register (77 FR 16536–16537, 03/21/12)
and the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to reorganize FTZ 93
under the alternative site framework is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13, to the Board’s standard
2,000-acre activation limit for the zone,
to a five-year ASF sunset provision for
magnet sites that would terminate
authority for Site 3 and 4 if not activated
by November 30, 2017, and to a threeyear sunset provision for usage-driven
sites that would terminate authority for
Site 2 if no foreign-status merchandise
is admitted for a bona fide customs
purpose by November 30, 2015.
Signed at Washington, DC, this 30th day of
November 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign-Trade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012–29883 Filed 12–11–12; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–819]
Magnesium Metal From the Russian
Federation: Notice of Reinstated Final
Results of Administrative Review
Pursuant to Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 27, 2012, the United
States Court of Appeals for the Federal
Circuit (CAFC) reversed and remanded
a decision of the United States Court of
International Trade (CIT) and ordered it
to reinstate the final results of the
administrative review of the
antidumping duty order on magnesium
metal from the Russian Federation
covering the period April 1, 2006,
through March 31, 2007, as applied to
PSC VSMPO–AVISMA Corporation
(VSMPO–AVISMA). See PSC VSMPO–
AVISMA Corp. v. United States, 688
F.3d 751 (Fed. Cir. 2012) (AVISMA IV);
see also Magnesium Metal from the
Russian Federation: Final Results of
Antidumping Duty Administrative
Review, 73 FR 52642 (September 10,
2008) (Final Results). On November 20,
2012, the CIT issued final judgment
pursuant to the CAFC’s remand order in
AVISMA IV reinstating the final results
of administrative review with respect to
VSMPO–AVISMA. See PSC VSMPO–
AVISMA Corp. v. United States, Consol.
Court No 08–00321, Slip Op. 12–142
(Ct. Int’l Trade November 20, 2012)
(AVISMA V). Having previously
amended the final results of
administrative review pursuant to the
earlier CIT decision, the Department of
Commerce (the Department) is, in
accordance with AVISMA V, once again
amending the final results of the
administrative review with respect to
VSMPO–AVISMA to reinstate its
original determination. See Final
Results.
DATES: Effective Date: March 11, 2011.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Minoo Hatten,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0665 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 10, 2008, the
Department published the final results
of the administrative review of the
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73979
antidumping duty order on magnesium
metal from the Russian Federation for
the period of review April 1, 2006,
through March 31, 2007. See Final
Results. In the Final Results the
Department determined that it was
appropriate to treat raw magnesium and
chlorine gas manufactured by VSMPO–
AVISMA as co-products and to employ
a net-realizable-value (NRV) analysis to
allocate joint costs incurred up to the
split-off point where raw magnesium
and chlorine gas become separately
identifiable products. The Department
calculated a weighted-average dumping
margin for AVISMA of 15.77 percent for
the period April 1, 2006, through March
31, 2007. See Final Results, 73 FR at
52643.
The CIT remanded the Final Results
to the Department to take into account
an affidavit from Dr. George Foster, an
accounting professor (the Foster
Affidavit), when considering the best
methodology for calculating the NRV for
the chlorine gas.1 See PSC VSMPO–
AVISMA Corp. v. United States, Consol.
Court No 08–00321, Slip Op. 09–120
(Ct. Int’l Trade October 20, 2009)
(AVISMA I). In accordance with the
CIT’s order in AVISMA I, the
Department admitted the Foster
Affidavit into the record, considered the
arguments of Dr. Foster upon remand,
and, as a result of that consideration,
determined not to recalculate the
dumping margin for VSMPO–AVISMA
upon concluding that Dr. Foster’s
proposed methodology was not
appropriate to use in this case. See
Results of Redetermination Pursuant to
Remand, dated March 30, 2010 (First
Remand) (available at https://
ia.ita.doc.gov/remands). As a result, in
the First Remand the Department used
the same allocation methodology it used
in the Final Results.
In PSC VSMPO–AVISMA Corp. v.
United States, 724 F. Supp. 2d 1308 (Ct.
Int’l Trade 2010) (AVISMA II), the CIT
remanded the Final Results again,
instructing the Department to consider
VSMPO–AVISMA’s entire production
process, including titanium production,
in allocating joint costs to the subject
merchandise. The CIT found the
Department’s cost-allocation
methodology in the Final Results to be
unsupported by substantial record
evidence and not in accordance with
section 773(e)(1) of the Tariff Act of
1930, as amended (the Act). See
AVISMA II, 724 F. Supp. 2d at 1313–16.
In accordance with the CIT’s order in
1 VSMPO–AVISMA submitted the Foster
Affidavit as part of its administrative case brief,
dated June 11, 2008, which the Department rejected
as untimely new factual information.
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[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 73978-73979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29883]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1872]
Reorganization of Foreign-Trade Zone 93 Under Alternative Site
Framework, Raleigh/Durham, NC
Pursuant to its authority under the Foreign-Trade Zones Act of
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade
Zones Board (the Board) adopts the following Order:
Whereas, the Board adopted the alternative site framework (ASF) (74
FR 1170, 01/12/2009; correction 74 FR 3987, 01/22/2009; 75 FR 71069-
71070, 11/22/2010) as an option for the
[[Page 73979]]
establishment or reorganization of general-purpose zones;
Whereas, the Triangle J Council of Governments, grantee of Foreign-
Trade Zone 93, submitted an application to the Board (FTZ Docket 13,
2012, filed 03/07/2012) for authority to reorganize under the ASF with
a service area of Chatham, Durham, Franklin, Granville, Harnett,
Johnston, Lee, Moore, Orange, Person, Vance, Wake and Warren Counties,
North Carolina, within and adjacent to the Raleigh-Durham Customs and
Border Protection port of entry. Sites 1 and 1A would be renumbered as
Sites 4 and 1, respectively. FTZ 93's Sites 1, 3, and 4 would be
categorized as magnet sites, and FTZ 93's existing Site 2 would be
categorized as a usage-driven site.
Whereas, notice inviting public comment was given in the Federal
Register (77 FR 16536-16537, 03/21/12) and the application has been
processed pursuant to the FTZ Act and the Board's regulations; and,
Whereas, the Board adopts the findings and recommendations of the
examiner's report, and finds that the requirements of the FTZ Act and
the Board's regulations are satisfied, and that the proposal is in the
public interest;
Now, therefore, the Board hereby orders:
The application to reorganize FTZ 93 under the alternative site
framework is approved, subject to the FTZ Act and the Board's
regulations, including Section 400.13, to the Board's standard 2,000-
acre activation limit for the zone, to a five-year ASF sunset provision
for magnet sites that would terminate authority for Site 3 and 4 if not
activated by November 30, 2017, and to a three-year sunset provision
for usage-driven sites that would terminate authority for Site 2 if no
foreign-status merchandise is admitted for a bona fide customs purpose
by November 30, 2015.
Signed at Washington, DC, this 30th day of November 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for Import Administration,
Alternate Chairman, Foreign-Trade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012-29883 Filed 12-11-12; 8:45 am]
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