Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 21238-21240 [2024-06501]
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21238
Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Notices
appearance as discussed at 19 CFR
351.103(d)).
Notification to Interested Parties
These initiations and this notice are
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (19
U.S.C. 1675(a)), and 19 CFR
351.221(c)(1)(i).
Dated: March 20, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–06470 Filed 3–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–875]
Non-Malleable Cast Iron Pipe Fittings
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With the Final Results Scope
Ruling
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 11, 2024, the U.S.
Court of International Trade (CIT or
Court) issued its final judgment in MCC
Holdings dba Crane Resistoflex v.
United States and ASC Engineered
Solutions LLC., Court No. 18–00248,
Slip Op. 24–30 (CIT March 11, 2024)
(Crane Slip Op. 24–28), sustaining the
final remand results of the U.S.
Department of Commerce (Commerce),
pertaining to the final scope ruling on
certain non-malleable cast iron pipe
fittings (pipe fittings) from the People’s
Republic of China (China). Commerce is
therefore amending its Final Scope
Ruling to find that ductile iron flanges
exported by MCC Holdings dba Crane
Resistoflex (Crane) are not within the
scope of the antidumping (AD) order on
pipe fittings from China. Commerce is
also notifying the public that the CIT’s
final judgment is not in harmony with
the Final Scope Ruling.
DATES: Applicable March 21, 2024.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5831.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On November 19, 2018, Commerce
issued its Final Scope Ruling on pipe
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fittings from China.1 In its Final Scope
Ruling, Commerce found that Crane’s
ductile iron flanges were within the
scope of the AD order 2 on pipe fittings
from China.3 Crane appealed
Commerce’s final scope ruling. During
the course of litigation, the CIT issued
several remand orders culminating in
MCC Holdings dba Crane Resistoflex v.
United States and ASC Engineered
Solutions, LLC, Court No. 18–00248,
Slip Op. 22–128 (November 18, 2022)
(Crane III). In Crane III, the CIT directed
Commerce to issue a new
determination, based on reasoning that
did not misconstrue a previous decision
of the court and in a form that would
go into effect if sustained upon judicial
review, determining whether Crane’s
ductile iron flanges are within the scope
of the Order.4 Pursuant to the CIT’s
instructions, on remand, and under
respectful protest, on December 16,
2022, Commerce found that Crane’s
ductile iron flanges are outside the
scope of the Order.5 On March 11, 2024,
the CIT sustained Commerce’s Third
Remand Redetermination.6
Timken Notice
In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the U.S. Court
of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
March 11, 2024, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s final scope
ruling. This notice is published in
fulfillment of the publication
requirements of Timken.
1 See
Memorandum, ‘‘Final Scope Ruling on the
Antidumping Duty Order on Non-Malleable Cast
Iron Pipe Fittings from the People’s Republic of
China: MCC Holdings dba Crane Resistoflex,’’ dated
November 19, 2018 (Final Scope Ruling).
2 See Notice of Antidumping Duty Order: NonMalleable Cast Iron Pipe Fittings from the People’s
Republic of China, 68 FR 16765 (April 7, 2003)
(Order).
3 See Final Scope Ruling.
4 See Crane III at 18–19.
5 See Final Results of Redetermination Pursuant
to Court Remand, MCC Holdings dba Crane
Resistoflex v. United States and ASC Engineered
Solutions, LLC Court No. 18–00248, Slip Op. 22–
128 (December 16, 2022) (Third Remand
Redetermination) available at: https://access.
trade.gov/Resources/remands/22-128.pdf.
6 See Crane Slip Op. 24–28.
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Mfrs. Coal. v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades).
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Amended Final Scope Ruling
There is now a final scope decision
with respect to the Final Scope Ruling.
Therefore, Commerce is amending its
Final Scope Ruling and finds that the
scope of the Order does not cover the
products addressed in the Final Scope
Ruling. The period to appeal the CIT’s
ruling expires on May 10, 2024.
Commerce will instruct U.S. Customs
and Border Protection (CBP) that,
pending any appeals, the cash deposit
rate will be zero percent for entries of
Crane’s ductile iron flanges from China.
In accordance with the CIT’s order
sustaining Commerce’s third final
remand redetermination, Commerce
intends to, with the publication of this
notice, issue instructions to CBP to lift
suspension of liquidation of such
entries, and to liquidate entries of the
door thresholds without regard to
antidumping duties, with consideration
for any potential appeal of the CIT’s
final judgement.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e), of the Act.
Dated: March 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–06473 Filed 3–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD825]
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 (EFP)
application contains all of the required
information and warrants further
consideration. The EFP would allow a
federally permitted fishing vessel to fish
outside fishery regulations in support of
exempted fishing activities. Regulations
SUMMARY:
E:\FR\FM\27MRN1.SGM
27MRN1
Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Notices
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 EFPs.
Comments must be received on
or before April 11, 2024.
DATES:
You may submit written
comments by the following method:
ADDRESSES:
• Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘Haddock
Sink Gillnet Exploratory Fishing’’.
All comments received are a part of
the public record and will generally be
posted for public viewing in https://
www.noaa.gov/organization/
information-technology/foia-readingroom without change. All personal
identifying information (e.g., name,
address), confidential business
information, or otherwise sensitive
information submitted voluntarily by
21239
the sender will be publicly accessible.
NMFS will accept anonymous
comments (enter ‘‘anonymous’’ as the
signature if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Elise Scholl, Fishery Management
Specialist, Elise.Scholl@noaa.gov, (978)
281–9189.
SUPPLEMENTARY INFORMATION: This EFP
would exempt the participating vessel
from the following Federal regulation:
TABLE 1—REQUESTED EXEMPTION
CFR citation
Regulation
Need for exemption
50 CFR 648.80(a)(3)(iv)(B)(1) ...........................
Minimum mesh size for Trip Gillnet Vessels in
the Gulf of Maine.
To deploy 6-inch (15.24 cm) mesh gillnet gear
in Gulf of Maine Regulated Mesh Area.
TABLE 2—PROJECT SUMMARY
Project title
Haddock sink gillnet fishing
Project Start .................................
Project End ..................................
Project objectives ........................
April 2024.
May 31, 2024.
To evaluate the efficacy of 6-inch (15.24 cm) mesh gillnet for haddock without increasing the catch of cod
and sublegal sized haddock.
Gulf of Maine.
1.
12.
3.
36.
6-inch (15.24 cm) Gillnet.
16.
24 hours.
Project location ............................
Number of vessels ......................
Number of trips ............................
Trip duration (days) .....................
Total number of days ..................
Gear type(s) ................................
Number of tows or sets ...............
Duration of tows or sets ..............
khammond on DSKJM1Z7X2PROD with NOTICES
Project Narrative
The proposed EFP is a continuation of
a project conducting exploratory fishing
in the Gulf of Maine (GOM) that mimics
the structure of the GOM Sink Gillnet
Mesh Exemption originally approved for
sectors from fishing years 2010 through
2012. The objective of the sector
exemption was to increase haddock
catch while avoiding the catch of cod
and sublegal sized haddock. In fishing
year 2013, we did not approve the
exemption due to concerns regarding
the status of the GOM haddock stock,
which at the time was subject to
overfishing and approaching an
overfished condition.
In 2019, the Operational Assessment
for GOM haddock determined that the
haddock stock was not overfished or
subject to overfishing, and that
spawning stock biomass was above the
biomass target. In 2020, the current
applicant proposed an EFP using 6-inch
(15.24 cm) mesh gillnets to increase
haddock catch without an increased
catch of cod or sublegal haddock. The
goal of the EFP was to collect data that
could be used to inform the efficacy of
the 6-inch (15.24 cm) mesh gillnet, and
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17:03 Mar 26, 2024
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possibly lead to a defined geographic
area of a future exemption area. We
approved this EFP for fishing years
2021–22 and 2022–23. The proposed
EFP would be unchanged from prior
EFPs and would be the third year of this
project.
From the date of issuance through
May 31, 2024, the participating vessel
would conduct up to 12 trips under the
EFP in the GOM Regulated Mesh Area
(RMA) during which it would make up
to 16 hauls with 6-inch (15.24 cm) mesh
gillnet gear. The maximum number of
individual nets that could be deployed
is 75. Gillnets would be set for a soak
of up to 24 hours, and would be actively
tended by the vessel (i.e., the vessel
would not leave the fishing grounds
while nets are deployed).
A northeast fisheries at-sea monitor or
observer would be deployed on all
groundfish trips taken under the EFP.
Allowable discards would be discarded
at-sea, while all other species would be
retained, landed, and processed per
normal commercial fishing procedures.
Monitors would document all discards
of allocated sub-legal catch.
While on EFP trips, the vessel may
also occasionally deploy longline and
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Fmt 4703
Sfmt 4703
6.5-inch (16.51 cm) mesh gillnet gear, in
order to generate catch composition data
that could be used to compare the
catchability of the 6-inch (15.24 cm)
mesh gear with other gears used on a
normal fishing trip. The gillnet gear
would consist of 12 to 24 nets in a
single string, while the longline gear
would have between 1,000 and 2,400
hooks. All groundfish catch, including
both discards and landings, would be
deducted from the appropriate sector
allocation and the EFP would not
authorize catch above the sector
allocation.
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.
E:\FR\FM\27MRN1.SGM
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21240
Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Notices
Dated: March 22, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–06501 Filed 3–26–24; 8:45 am]
Atmospheric Administration (NOAA),
Commerce.
ACTION:
Comments must be received on
or before April 11, 2024.
DATES:
You may submit written
comments by any of the following
methods:
• Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘NEFSC
Study Fleet EFP’’.
ADDRESSES:
Notice; request for comments.
Atlantic Region, NMFS, has
made a preliminary determination that
an Exempted Fishing Permit application
contains all of the required information
and warrants further consideration. The
Exempted Fishing Permit would allow
commercial fishing vessels to fish
outside fishery regulations in support of
research conducted by the applicant.
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:
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD833]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Elise Scholl, Fishery Management
Specialist, (978) 281–9189.
The
applicant submitted a complete
application for an Exempted Fishing
Permit (EFP) to conduct commercial
fishing activities that the regulations
would otherwise restrict. This EFP
would exempt the participating vessels
from the following Federal regulations:
SUPPLEMENTARY INFORMATION:
TABLE 1—REQUESTED EXEMPTIONS
CFR citation
Regulation
Need for exemption
648.83 ......................
Multispecies Minimum Fish Sizes .........
684.86(a) ..................
648.86(d) ..................
Haddock Possession Restriction ..........
Small-Mesh Multispecies Possession
Restriction.
Yellowtail Flounder Possession Restriction.
Georges Bank Winter Flounder Possession Restriction.
Allow possession of haddock, yellowtail flounder, winter flounder, and American plaice below minimum size on common pool and sector vessels for biological sampling purposes.
Allow possession of haddock for biological sampling.
Exempt vessels from small-mesh possession restrictions for biological sampling.
Exempt common pool vessels from yellowtail possession restrictions and limitations.
Exempt common pool vessels from winter flounder restrictions.
648.86(g) ..................
648.86(j) ...................
TABLE 2—PROJECT SUMMARY
Project title
Study fleet program
Applicant ...............................................
Project objectives .................................
Northeast Fisheries Science Center’s Cooperative Research Branch.
Allow fishermen and Center staff to collect biological data and biological samples relevant to stock assessments and fish biology.
May 1, 2024–April 30, 2025.
The Gulf of Maine, Georges Bank, Southern New England, and the Mid-Atlantic.
25.
250.
5.
1,250.
Otter trawl, scallop dredge, midwater otter trawl, paired trawl.
7.
1 hour.
Project period .......................................
Project location .....................................
Number of vessels ...............................
Number of trips .....................................
Trip duration (days) ..............................
Total number of days ...........................
Gear type(s) .........................................
Number of tows or sets ........................
Duration of tows or sets .......................
khammond on DSKJM1Z7X2PROD with NOTICES
Project Narrative
The Northeast Fisheries Science
Center’s Cooperative Research Branch is
requesting an EFP to allow participants
in their Study Fleet Program to collect
biological information on catch. The
Center established the Study Fleet
Program in 2002 to more fully
characterize commercial fishing
operations and provide sampling
opportunities to augment NOAA’s
National Marine Fisheries Service’s data
collection programs. As part of the
program, the Center contracts
commercial fishing vessels to collect
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biological data and fish specimens for
use in research relevant to stock
assessments and fish biology.
Under the EFP, Study Fleet
participants would be allowed to
temporarily possess catch that is below
minimum size restrictions and above
possession limits for the purposes of
biological sampling. When directed by
the Center, participating vessels would
be authorized to retain and land specific
amounts of fish exceeding possession
limits and/or below minimum fish sizes,
for research purposes only. The captain
or crew would deliver these fish to
Center staff or local Port Agents upon
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landing. In these limited circumstances,
the Study Fleet Program would give
participating vessels a formal biological
sampling request prior to landing. This
would ensure that the landed fish do
not exceed any collection needs of the
Study Fleet Program, as detailed below.
During EFP trips, crew would sort,
weigh, measure, and collect biological
data from fish prior to discarding.
During sampling, some discarded fish
would remain on deck slightly longer
than they would under normal sorting
procedures. Exemptions from minimum
fish sizes and possession restrictions
E:\FR\FM\27MRN1.SGM
27MRN1
]]>Agencies
[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21238-21240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06501]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD825]
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 (EFP) application
contains all of the required information and warrants further
consideration. The EFP would allow a federally permitted fishing vessel
to fish outside fishery regulations in support of exempted fishing
activities. Regulations
[[Page 21239]]
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 EFPs.
DATES: Comments must be received on or before April 11, 2024.
ADDRESSES: You may submit written comments by the following method:
Email: [email protected]. Include in the subject line
``Haddock Sink Gillnet Exploratory Fishing''.
All comments received are a part of the public record and will
generally be posted for public viewing in https://www.noaa.gov/organization/information-technology/foia-reading-room without change.
All personal identifying information (e.g., name, address),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``anonymous'' as the signature if
you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Elise Scholl, Fishery Management
Specialist, [email protected], (978) 281-9189.
SUPPLEMENTARY INFORMATION: This EFP would exempt the participating
vessel from the following Federal regulation:
Table 1--Requested Exemption
------------------------------------------------------------------------
CFR citation Regulation Need for exemption
------------------------------------------------------------------------
50 CFR 648.80(a)(3)(iv)(B)(1)... Minimum mesh size To deploy 6-inch
for Trip Gillnet (15.24 cm) mesh
Vessels in the gillnet gear in
Gulf of Maine. Gulf of Maine
Regulated Mesh
Area.
------------------------------------------------------------------------
Table 2--Project Summary
------------------------------------------------------------------------
Haddock sink gillnet
Project title fishing
------------------------------------------------------------------------
Project Start................................ April 2024.
Project End.................................. May 31, 2024.
Project objectives........................... To evaluate the efficacy
of 6-inch (15.24 cm)
mesh gillnet for haddock
without increasing the
catch of cod and
sublegal sized haddock.
Project location............................. Gulf of Maine.
Number of vessels............................ 1.
Number of trips.............................. 12.
Trip duration (days)......................... 3.
Total number of days......................... 36.
Gear type(s)................................. 6-inch (15.24 cm)
Gillnet.
Number of tows or sets....................... 16.
Duration of tows or sets..................... 24 hours.
------------------------------------------------------------------------
Project Narrative
The proposed EFP is a continuation of a project conducting
exploratory fishing in the Gulf of Maine (GOM) that mimics the
structure of the GOM Sink Gillnet Mesh Exemption originally approved
for sectors from fishing years 2010 through 2012. The objective of the
sector exemption was to increase haddock catch while avoiding the catch
of cod and sublegal sized haddock. In fishing year 2013, we did not
approve the exemption due to concerns regarding the status of the GOM
haddock stock, which at the time was subject to overfishing and
approaching an overfished condition.
In 2019, the Operational Assessment for GOM haddock determined that
the haddock stock was not overfished or subject to overfishing, and
that spawning stock biomass was above the biomass target. In 2020, the
current applicant proposed an EFP using 6-inch (15.24 cm) mesh gillnets
to increase haddock catch without an increased catch of cod or sublegal
haddock. The goal of the EFP was to collect data that could be used to
inform the efficacy of the 6-inch (15.24 cm) mesh gillnet, and possibly
lead to a defined geographic area of a future exemption area. We
approved this EFP for fishing years 2021-22 and 2022-23. The proposed
EFP would be unchanged from prior EFPs and would be the third year of
this project.
From the date of issuance through May 31, 2024, the participating
vessel would conduct up to 12 trips under the EFP in the GOM Regulated
Mesh Area (RMA) during which it would make up to 16 hauls with 6-inch
(15.24 cm) mesh gillnet gear. The maximum number of individual nets
that could be deployed is 75. Gillnets would be set for a soak of up to
24 hours, and would be actively tended by the vessel (i.e., the vessel
would not leave the fishing grounds while nets are deployed).
A northeast fisheries at-sea monitor or observer would be deployed
on all groundfish trips taken under the EFP. Allowable discards would
be discarded at-sea, while all other species would be retained, landed,
and processed per normal commercial fishing procedures. Monitors would
document all discards of allocated sub-legal catch.
While on EFP trips, the vessel may also occasionally deploy
longline and 6.5-inch (16.51 cm) mesh gillnet gear, in order to
generate catch composition data that could be used to compare the
catchability of the 6-inch (15.24 cm) mesh gear with other gears used
on a normal fishing trip. The gillnet gear would consist of 12 to 24
nets in a single string, while the longline gear would have between
1,000 and 2,400 hooks. All groundfish catch, including both discards
and landings, would be deducted from the appropriate sector allocation
and the EFP would not authorize catch above the sector allocation.
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.
[[Page 21240]]
Dated: March 22, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-06501 Filed 3-26-24; 8:45 am]
BILLING CODE 3510-22-P
