Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 14465-14466 [2020-05048]
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Federal Register / Vol. 85, No. 49 / Thursday, March 12, 2020 / Notices
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: March 6, 2020.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix
Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
and Post-Preliminary Results
V. Scope of the Order
VI. Period of Revie
VII. Subsidies Valuation Information
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Final Results of Review
XI. Analysis of Comments
Comment 1: Whether Commerce properly
determined the appropriate denominator
for Jindal Poly Films Limited (Jindal) for
all export subsidies.
Comment 2: Whether Commerce properly
relied on facts available and an adverse
inference to find the Section 32 Capital
Investment Deductions of the Income
Tax Act, 1961—Subsection 32AC(1A)
program is a countervailable subsidy.
Comment 3: Whether Commerce properly
found the State Government of
Maharashtra (SGOM) Package Scheme of
Incentives (PSI) 2007—Industrial
Promotion Subsidy (IPS) to be a
countervailable subsidy.
Comment 4: Whether Commerce should
revise all allocations for all nonrecurring subsidies based on Jindal’s
revised company-specific average useful
life (AUL).
Comment 5: Whether Commerce should
not countervail export promotion capital
goods scheme (EPCGS) Licenses for
Jindal’s Global Non-Wovens (GNL)
division for non-subject merchandise.
Comment 6: Whether Commerce should
deduct Jindal’s application fees it paid
for its EPCGS licenses from the
calculated benefit amounts.
Comment 7: Whether Commerce made a
calculation error related to the services
export from India/services from India
(SEIS/SFIS) schemes.
Comment 8: Whether Commerce failed to
explain the source for the interest rate
used in the allocation of the status
holder incentive scheme (SHIS).
XII. Recommendation
[FR Doc. 2020–05064 Filed 3–11–20; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Review: Notice of Request for Panel
Review
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of NAFTA Requests for
Panel Review in the matter of Certain
Fabricated Structural Steel from Canada;
Final Results of Antidumping Duty
Administrative Review (Secretariat File
Number: USA–CDA–2020–1904–02).
AGENCY:
Requests for Panel Review
were filed on behalf of Canatal Inc.
(Industries Canatal) and Les
Constructions Beauce-Atlas Inc.
(‘‘CBA’’) with the United States Section
of the NAFTA Secretariat on February
28, 2020, pursuant to NAFTA Article
1904. Panel Reviews were requested of
the Department of Commerce’s final
antidumping duty determination
regarding Certain Fabricated Structural
Steel from Canada. The final
determination was published in the
Federal Register on January 30, 2020.
The NAFTA Secretariat has assigned
case number USA–CDA–2020–1904–02
to this request.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, 202–482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established NAFTA Rules of
Procedure for Article 1904 Binational
Panel Reviews, which were adopted by
the three governments for panels
requested pursuant to Article 1904(2) of
NAFTA which requires Requests for
Panel Review to be published in
accordance with Rule 35. For the
complete Rules, please see https://
www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/
Article-1904.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
SUMMARY:
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14465
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is March 30, 2020);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
April 13, 2020); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: March 9, 2020.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2020–05058 Filed 3–11–20; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XX045]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
an Exempted Fishing Permit application
contains all of the required information
and warrants further consideration. This
Exempted Fishing Permit would exempt
five commercial fishing vessels from
limited access sea scallop regulations in
support of a study examining the
feasibility of transplanting scallops from
high density areas to areas of lower
density using bottom trawls.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
applications for proposed Exempted
Fishing Permits.
SUMMARY:
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14466
Federal Register / Vol. 85, No. 49 / Thursday, March 12, 2020 / Notices
Comments must be received on
or before March 27, 2020.
ADDRESSES: You may submit written
comments by any of the following
methods:
• Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘DA19–109
Nordic Fisheries Transplanting EFP.’’
• Mail: Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘DA19–109 Nordic Fisheries
Transplanting EFP.’’
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, 978–282–8456.
SUPPLEMENTARY INFORMATION: Nordic
Fisheries submitted an initial Exempted
Fishing Permit (EFP) application on
November 21, 2019, in collaboration
with Empire Fisheries, Quinn Fisheries,
Fulcher Trawling, and the Coonamessett
Farm Foundation (CFF). The application
was considered complete on January 23,
2020. The applicant’s overarching
research objective is to determine the
operational and economic feasibility of
using bottom trawls to transfer scallops
short distances underwater and
transplant them from areas of high
scallop densities to lower density areas.
This is in response to a large cohort of
scallops in the Nantucket Lightship
South Rotational Area that is currently
in deeper water and has shown
significantly slower growth compared to
similar cohorts in less-dense, shallower
areas. The applicant wants to determine
if, by moving scallops to areas of lower
scallop density, those scallops grow
larger due to less competition over food
resources. The applicant would research
the optimal bottom trawl gear
specifications (e.g., sweep length, mesh
size, need for chafing gear, etc.) for
transporting scallops, as well as
determine the optimal quantity of
scallops to transfer and associated
operational costs.
To enable this research, Nordic
Fisheries is requesting exemptions for
five commercial fishing vessels from:
The Atlantic sea scallop crew size
restrictions at § 648.60(c); observer
program requirements at § 648.11(g);
restrictions on the use of trawl nets at
§ 648.51(f); maximum sweep, minimum
mesh size, chafing gear, and other gear
obstructions at § 648.51(a)(1), (2)(ii),
(3)(i), and (3)(ii), respectively; Georges
Bank regulated mesh area mimum mes
size and gear restrictions at
§ 648.80(a)(4)(i); Nantucket Lightship
South Rotational Areas at § 648.60(e);
and access area program requirements at
§ 648.59(a)(1)–(3), (b)(2), (b)(4). The EFP
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would also grant vessels a temporary
exemption from possession limits and
minimum size requirements specified in
part 648, subsections B and D through
O, and § 697.20 for sampling purposes.
The applicants need these exemptions
to deploy bottom trawl gear in areas
where the gear is not allowed.
Participating vessels need crew size
waivers to accommodate researchers
and possession waivers for sampling
purposes. The project would be exempt
from the sea scallop observer program
requirements because activities
conducted on the trip are not consistent
with normal fishing operations.
Researchers from CFF would
accompany each trip taken under the
EFP.
This project would conduct up to five
trips using five different vessels. The
length of each trip would be
approximately 3 days-at-sea (DAS), for
an estimated 15 DAS. Transplanting
would occur from April–June 2020. The
applicant intends to catch and
transplant 10,000,000 scallops.
All tows to harvest scallops for
transplanting would be conducted with
one trawl for a duration of
approximately 10 minutes using an
average tow speed of 2.5 knots for an
estimated 150 tows. Each codend and
extension would be calibrated
volumetrically using colored ropes
woven in the meshes on top to estimate
catch. In addition to the colored ropes,
some vessels will use net sensors to
indicate net fullness. Meshes on the
trawl codend would range between 4
and 5.5 inches (10.2 and 14 cm) and net
liners would be no smaller than 1.9
inches (50 mm). The trawl sweep length
would vary but would not exceed 150
feet (45.7 m). The scallops would be
harvested from the large cohort of slow
growing scallops in the deep water
portion of the Nantucket Lightship
South Rotational Area and transplanted
to an area that Atlantic Sea Scallop
Framework Adjustment 32 (85 FR 9705;
February 20, 2020) is proposing to close
to support projects of this nature.
The first tow of each trip would be
brought on deck to check the trawl
volume calibration, measure and take
biological samples of the scallops, and
count and measure the bycatch. All
remaining tows for the trip would be
brought directly to the transplant site.
Once there, the nets would be brought
to the surface to estimate volume and
then the scallops would be released into
the water through the codend. With the
exception of samples retained for
further processing for scientific
purposes, no catch would be retained
for longer than needed to conduct
sampling, and no catch would be landed
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for sale. All catch estimates for the
project are listed in the table below.
Bycatch estimates are derived from
dredge work in the area, but based on
interviews with scallop trawl captains,
the bycatch rates are anticipated to be
close to zero due to high densities of
scallops and short tow duration. All
fishing activity would be limited to
catching and transplanting scallops.
TABLE 1—ESTIMATED CATCH, BY
SPECIES, FOR CFF EFP REQUEST
Common name
Sea Scallop ..........
Yellowtail Flounder
Winter Flounder ....
Windowpane
Flounder ............
Monkfish ...............
Other Fish .............
Barndoor Skates ...
Northeast Skate
Complex ............
Estimated
weight
(lb)
Estimated
weight
(kg)
12,000
20
20
5,443
9
9
60
100
120
20
27
45
54
9
500
227
The applicants would work with
other research groups funded through
the Scallop Research Set-Aside Program
and use data collected from both the
harvest and transplant sites during
routine surveys in May–July 2020 and
2021 to compare growth and abundance.
If approved, the applicant may
request minor modifications and
extensions to the EFP throughout the
year. EFP modifications and extensions
may be granted without further notice if
they are deemed essential to facilitate
completion of the proposed research
and have minimal impacts that do not
change the scope or impact of the
initially approved EFP request. Any
fishing activity conducted outside the
scope of the exempted fishing activity
would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 9, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–05048 Filed 3–11–20; 8:45 am]
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National Oceanic and Atmospheric
Administration
Supersession of Vertical Datum for
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the Island of Tutuila, American Samoa
The Office of the National
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AGENCY:
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[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14465-14466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05048]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XX045]
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Assistant Regional Administrator for Sustainable
Fisheries, Greater Atlantic Region, NMFS, has made a preliminary
determination that an Exempted Fishing Permit application contains all
of the required information and warrants further consideration. This
Exempted Fishing Permit would exempt five commercial fishing vessels
from limited access sea scallop regulations in support of a study
examining the feasibility of transplanting scallops from high density
areas to areas of lower density using bottom trawls. Regulations under
the Magnuson-Stevens Fishery Conservation and Management Act require
publication of this notification to provide interested parties the
opportunity to comment on applications for proposed Exempted Fishing
Permits.
[[Page 14466]]
DATES: Comments must be received on or before March 27, 2020.
ADDRESSES: You may submit written comments by any of the following
methods:
Email: [email protected]. Include in the subject line
``DA19-109 Nordic Fisheries Transplanting EFP.''
Mail: Michael Pentony, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``DA19-109
Nordic Fisheries Transplanting EFP.''
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management
Specialist, 978-282-8456.
SUPPLEMENTARY INFORMATION: Nordic Fisheries submitted an initial
Exempted Fishing Permit (EFP) application on November 21, 2019, in
collaboration with Empire Fisheries, Quinn Fisheries, Fulcher Trawling,
and the Coonamessett Farm Foundation (CFF). The application was
considered complete on January 23, 2020. The applicant's overarching
research objective is to determine the operational and economic
feasibility of using bottom trawls to transfer scallops short distances
underwater and transplant them from areas of high scallop densities to
lower density areas. This is in response to a large cohort of scallops
in the Nantucket Lightship South Rotational Area that is currently in
deeper water and has shown significantly slower growth compared to
similar cohorts in less-dense, shallower areas. The applicant wants to
determine if, by moving scallops to areas of lower scallop density,
those scallops grow larger due to less competition over food resources.
The applicant would research the optimal bottom trawl gear
specifications (e.g., sweep length, mesh size, need for chafing gear,
etc.) for transporting scallops, as well as determine the optimal
quantity of scallops to transfer and associated operational costs.
To enable this research, Nordic Fisheries is requesting exemptions
for five commercial fishing vessels from: The Atlantic sea scallop crew
size restrictions at Sec. 648.60(c); observer program requirements at
Sec. 648.11(g); restrictions on the use of trawl nets at Sec.
648.51(f); maximum sweep, minimum mesh size, chafing gear, and other
gear obstructions at Sec. 648.51(a)(1), (2)(ii), (3)(i), and (3)(ii),
respectively; Georges Bank regulated mesh area mimum mes size and gear
restrictions at Sec. 648.80(a)(4)(i); Nantucket Lightship South
Rotational Areas at Sec. 648.60(e); and access area program
requirements at Sec. 648.59(a)(1)-(3), (b)(2), (b)(4). The EFP would
also grant vessels a temporary exemption from possession limits and
minimum size requirements specified in part 648, subsections B and D
through O, and Sec. 697.20 for sampling purposes. The applicants need
these exemptions to deploy bottom trawl gear in areas where the gear is
not allowed. Participating vessels need crew size waivers to
accommodate researchers and possession waivers for sampling purposes.
The project would be exempt from the sea scallop observer program
requirements because activities conducted on the trip are not
consistent with normal fishing operations. Researchers from CFF would
accompany each trip taken under the EFP.
This project would conduct up to five trips using five different
vessels. The length of each trip would be approximately 3 days-at-sea
(DAS), for an estimated 15 DAS. Transplanting would occur from April-
June 2020. The applicant intends to catch and transplant 10,000,000
scallops.
All tows to harvest scallops for transplanting would be conducted
with one trawl for a duration of approximately 10 minutes using an
average tow speed of 2.5 knots for an estimated 150 tows. Each codend
and extension would be calibrated volumetrically using colored ropes
woven in the meshes on top to estimate catch. In addition to the
colored ropes, some vessels will use net sensors to indicate net
fullness. Meshes on the trawl codend would range between 4 and 5.5
inches (10.2 and 14 cm) and net liners would be no smaller than 1.9
inches (50 mm). The trawl sweep length would vary but would not exceed
150 feet (45.7 m). The scallops would be harvested from the large
cohort of slow growing scallops in the deep water portion of the
Nantucket Lightship South Rotational Area and transplanted to an area
that Atlantic Sea Scallop Framework Adjustment 32 (85 FR 9705; February
20, 2020) is proposing to close to support projects of this nature.
The first tow of each trip would be brought on deck to check the
trawl volume calibration, measure and take biological samples of the
scallops, and count and measure the bycatch. All remaining tows for the
trip would be brought directly to the transplant site. Once there, the
nets would be brought to the surface to estimate volume and then the
scallops would be released into the water through the codend. With the
exception of samples retained for further processing for scientific
purposes, no catch would be retained for longer than needed to conduct
sampling, and no catch would be landed for sale. All catch estimates
for the project are listed in the table below. Bycatch estimates are
derived from dredge work in the area, but based on interviews with
scallop trawl captains, the bycatch rates are anticipated to be close
to zero due to high densities of scallops and short tow duration. All
fishing activity would be limited to catching and transplanting
scallops.
Table 1--Estimated Catch, by Species, for CFF EFP Request
------------------------------------------------------------------------
Estimated Estimated
Common name weight weight
(lb) (kg)
------------------------------------------------------------------------
Sea Scallop..................................... 12,000 5,443
Yellowtail Flounder............................. 20 9
Winter Flounder................................. 20 9
Windowpane Flounder............................. 60 27
Monkfish........................................ 100 45
Other Fish...................................... 120 54
Barndoor Skates................................. 20 9
Northeast Skate Complex......................... 500 227
------------------------------------------------------------------------
The applicants would work with other research groups funded through
the Scallop Research Set-Aside Program and use data collected from both
the harvest and transplant sites during routine surveys in May-July
2020 and 2021 to compare growth and abundance.
If approved, the applicant may request minor modifications and
extensions to the EFP throughout the year. EFP modifications and
extensions may be granted without further notice if they are deemed
essential to facilitate completion of the proposed research and have
minimal impacts that do not change the scope or impact of the initially
approved EFP request. Any fishing activity conducted outside the scope
of the exempted fishing activity would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 9, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-05048 Filed 3-11-20; 8:45 am]
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