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