Endangered and Threatened Species; Initiation of 5-Year Reviews for Black Abalone and White Abalone, 43308-43309 [2023-14314]

Download as PDF 43308 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.10 Requests should contain: (1) the party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results of review, pursuant to section 751(a)(3)(A) of the Act. Assessment Rate Upon issuance of the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.11 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future deposits of estimated duties, where applicable. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Pursuant to 19 CFR 351.212(b)(1), where an examined respondent’s weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), we will calculate an importerspecific ad valorem duty assessment rate based on the ratio of the total amount of dumping calculated for the U.S. sales for a given importer to the total entered value of those sales. Where either the respondent’s weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, 10 See 11 See 19 CFR 351.310(c). 19 CFR 351.212(b)(1). VerDate Sep<11>2014 18:55 Jul 06, 2023 Jkt 259001 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by ULMA for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.12 Cash Deposit Requirements The following deposit requirements for estimated antidumping duties will be effective upon publication of the notice of final results of this review for all shipments of flanges from Spain entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for the companies under review will be the rate established in the final results of the review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer is, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 18.81 percent,13 the allothers rate established in the less-thanfair-value investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 12 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 13 See Order, 82 FR at 27229. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: June 29, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2023–14397 Filed 7–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD118] Endangered and Threatened Species; Initiation of 5-Year Reviews for Black Abalone and White Abalone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of initiation of 5-year review; request for information. AGENCY: NMFS announces its intent to conduct 5-year reviews for black abalone (Haliotis cracherodii) and white abalone (H. sorenseni), both listed as endangered under the Endangered Species Act (ESA). NMFS is required by the ESA to conduct 5-year reviews to ensure that the listing classifications of species are accurate. The 5-year reviews must be based on the best scientific and commercial data available at the time. We request submission of any such information on black abalone and white abalone, particularly information on SUMMARY: E:\FR\FM\07JYN1.SGM 07JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices their status, threats, and recovery that has become available since the last 5year reviews in 2018. DATES: To allow us adequate time to conduct this review, we must receive your information no later than September 5, 2023. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Submit your information, identified by docket number NOAA– NMFS–2023–0086, electronically via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov. In the ‘‘Search’’ box, enter the above docket number for this notice. Then, click on the ‘‘Search’’ icon. On the resulting web page, click the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: NMFS may not consider comments if they are sent by any other method or received after the comment period ends. All comments received are a part of the public record. NMFS will post the comments for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive or protected information submitted voluntarily by the sender is publicly accessible. NMFS will accept anonymous submissions (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS West Coast Region, 562–980–4115, or Susan Wang, NMFS West Coast Region, 562–980– 4199. SUPPLEMENTARY INFORMATION: Section 4(c)(2)(A) of the ESA requires that we conduct a review of listed species at least once every 5 years. The regulations in 50 CFR 424.21 require that we publish a notice in the Federal Register announcing species currently under active review. On the basis of such reviews, under section 4(c)(2)(B) of the ESA we determine whether a listed species should be delisted or reclassified from endangered to threatened or from threatened to endangered. As described by the regulations in 50 CFR 424.11(e), the Secretary shall delist a species if the Secretary finds that, after conducting a status review based on the best scientific and commercial data available: (1) The species is extinct; (2) the species does not meet the definition of an endangered species or a threatened species; or (3) the listed entity does not meet the statutory definition of a species. Any change in Federal classification would require a separate rulemaking process. VerDate Sep<11>2014 18:55 Jul 06, 2023 Jkt 259001 The white abalone was listed as endangered under the ESA on May 29, 2001 (66 FR 29046), and the black abalone was listed as endangered under the ESA on January 14, 2009 (74 FR 1937). Background information on white abalone is available on the NMFS website at: https:// www.fisheries.noaa.gov/species/whiteabalone. Background information on black abalone is available on the NMFS website at: https:// www.fisheries.noaa.gov/species/blackabalone. Determining if a Species Is Threatened or Endangered Section 4(a)(1) of the ESA requires that we determine whether a species is endangered or threatened based on one or more of the five following factors: (1) The present or threatened destruction, modification, or curtailment of its habitat or range; (2) overutilization for commercial, recreational, scientific, or educational purposes; (3) disease or predation; (4) the inadequacy of existing regulatory mechanisms; or (5) other natural or manmade factors affecting its continued existence. Section 4(b) also requires that our determination be made on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, to protect such species. Public Solicitation of New Relevant Information To ensure that the 5-year reviews are complete and based on the best scientific and commercial data available, we are soliciting new information from the public, governmental agencies, Tribes, the scientific community, industry, environmental entities, and any other interested parties concerning the status of white abalone and/or black abalone. Categories of requested information include: (1) species biology including, but not limited to, population trends, distribution, abundance, demographics, and genetics; (2) habitat conditions including, but not limited to, amount, distribution, and important features for conservation; (3) status and trends of threats to the species and its habitats; (4) conservation measures that have been implemented that benefit the species, including monitoring data demonstrating effectiveness of such measures; (5) need for additional conservation measures; and (6) other new information, data, or corrections including, but not limited to, taxonomic or nomenclatural changes and improved PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 43309 analytical methods for evaluating extinction risk. If you wish to provide information for the 5-year reviews, you may submit your information and materials electronically (see ADDRESSES section). We request that all information be accompanied by supporting documentation such as maps, bibliographic references, or reprints of pertinent publications. We also would appreciate the submitter’s name, address, and any association, institution, or business that the person represents; however, we will also accept anonymous submissions. Authority: 16 U.S.C. 1531 et seq. Dated: June 30, 2023. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–14314 Filed 7–6–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XV194] Final National Oceanic and Atmospheric Administration Tribal Consultation Policy and Procedures National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: On January 26, 2021, the White House issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships that reaffirmed the Executive order on Consultation and Coordination with Indian Tribal Governments (2000). In response, NOAA sought review and comment on its Tribal consultation policy and procedures in November 2021. NOAA revised its Consultation Handbook describing procedures for governmentto-government consultation with federally recognized Indian tribes, and updated an associated NOAA Administrative Order (NAO 218–8) and the Indigenous Knowledge (IK) guidance. SUMMARY: The policy and procedures took effect on June 28, 2023. ADDRESSES: Requests for additional information or an electronic copy of the revised Consultation Handbook, the associated NOAA Administrative Order (NAO 218–8), and/or the Indigenous Knowledge (IK) guidance should be DATES: E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43308-43309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14314]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD118]


Endangered and Threatened Species; Initiation of 5-Year Reviews 
for Black Abalone and White Abalone

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

ACTION: Notice of initiation of 5-year review; request for information.

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

SUMMARY: NMFS announces its intent to conduct 5-year reviews for black 
abalone (Haliotis cracherodii) and white abalone (H. sorenseni), both 
listed as endangered under the Endangered Species Act (ESA). NMFS is 
required by the ESA to conduct 5-year reviews to ensure that the 
listing classifications of species are accurate. The 5-year reviews 
must be based on the best scientific and commercial data available at 
the time. We request submission of any such information on black 
abalone and white abalone, particularly information on

[[Page 43309]]

their status, threats, and recovery that has become available since the 
last 5-year reviews in 2018.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than September 5, 2023. However, we 
will continue to accept new information about any listed species at any 
time.

ADDRESSES: Submit your information, identified by docket number NOAA-
NMFS-2023-0086, electronically via the Federal e-Rulemaking Portal. Go 
to https://www.regulations.gov. In the ``Search'' box, enter the above 
docket number for this notice. Then, click on the ``Search'' icon. On 
the resulting web page, click the ``Comment'' icon, complete the 
required fields, and enter or attach your comments.
    Instructions: NMFS may not consider comments if they are sent by 
any other method or received after the comment period ends. All 
comments received are a part of the public record. NMFS will post the 
comments for public viewing on https://www.regulations.gov without 
change. All personal identifying information (e.g., name, address, 
etc.), confidential business information, or otherwise sensitive or 
protected information submitted voluntarily by the sender is publicly 
accessible. NMFS will accept anonymous submissions (enter ``N/A'' in 
the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS West Coast 
Region, 562-980-4115, or Susan Wang, NMFS West Coast Region, 562-980-
4199.

SUPPLEMENTARY INFORMATION: Section 4(c)(2)(A) of the ESA requires that 
we conduct a review of listed species at least once every 5 years. The 
regulations in 50 CFR 424.21 require that we publish a notice in the 
Federal Register announcing species currently under active review. On 
the basis of such reviews, under section 4(c)(2)(B) of the ESA we 
determine whether a listed species should be delisted or reclassified 
from endangered to threatened or from threatened to endangered. As 
described by the regulations in 50 CFR 424.11(e), the Secretary shall 
delist a species if the Secretary finds that, after conducting a status 
review based on the best scientific and commercial data available: (1) 
The species is extinct; (2) the species does not meet the definition of 
an endangered species or a threatened species; or (3) the listed entity 
does not meet the statutory definition of a species. Any change in 
Federal classification would require a separate rulemaking process.
    The white abalone was listed as endangered under the ESA on May 29, 
2001 (66 FR 29046), and the black abalone was listed as endangered 
under the ESA on January 14, 2009 (74 FR 1937). Background information 
on white abalone is available on the NMFS website at: https://www.fisheries.noaa.gov/species/white-abalone. Background information on 
black abalone is available on the NMFS website at: https://www.fisheries.noaa.gov/species/black-abalone.

Determining if a Species Is Threatened or Endangered

    Section 4(a)(1) of the ESA requires that we determine whether a 
species is endangered or threatened based on one or more of the five 
following factors: (1) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Section 4(b) also requires that our 
determination be made on the basis of the best scientific and 
commercial data available after conducting a review of the status of 
the species and after taking into account those efforts, if any, being 
made by any State or foreign nation, to protect such species.

Public Solicitation of New Relevant Information

    To ensure that the 5-year reviews are complete and based on the 
best scientific and commercial data available, we are soliciting new 
information from the public, governmental agencies, Tribes, the 
scientific community, industry, environmental entities, and any other 
interested parties concerning the status of white abalone and/or black 
abalone. Categories of requested information include: (1) species 
biology including, but not limited to, population trends, distribution, 
abundance, demographics, and genetics; (2) habitat conditions 
including, but not limited to, amount, distribution, and important 
features for conservation; (3) status and trends of threats to the 
species and its habitats; (4) conservation measures that have been 
implemented that benefit the species, including monitoring data 
demonstrating effectiveness of such measures; (5) need for additional 
conservation measures; and (6) other new information, data, or 
corrections including, but not limited to, taxonomic or nomenclatural 
changes and improved analytical methods for evaluating extinction risk.
    If you wish to provide information for the 5-year reviews, you may 
submit your information and materials electronically (see ADDRESSES 
section). We request that all information be accompanied by supporting 
documentation such as maps, bibliographic references, or reprints of 
pertinent publications. We also would appreciate the submitter's name, 
address, and any association, institution, or business that the person 
represents; however, we will also accept anonymous submissions.
    Authority: 16 U.S.C. 1531 et seq.

    Dated: June 30, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2023-14314 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-22-P
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