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Federal Register / Vol. 71, No.

136 / Monday, July 17, 2006 / Notices 40479

assessment rates. We will direct CBP to Dated: July 5, 2006. should be submitted no later than July
assess the resulting assessment rates David M. Spooner, 18, 2006, to J. Marc Chittum, President’s
against the entered customs values for Assistant Secretaryfor Import Administration. Export Council, Room 4043, 1401
the subject merchandise on Raoping Constitution Avenue, NW., Washington,
Appendix I – Decision Memorandum DC 20230, telephone (202) 482–1124, or
Yucun’s entries under the relevant order
during the POR. I. General Comments: e-mail Marc.Chittum@mail.doc.gov.
To determine whether the duty Comment 1: Surrogate Value for Straw FOR FURTHER INFORMATION CONTACT: The
assessment rates were de minimis, in Comment 2: Surrogate Value for President’s Export Council Executive
accordance with the requirement set Mushroom Spawn Secretariat, Room 4043, Washington, DC
forth in 19 CFR 351.106(c)(2), we Comment 3: Surrogate Value for Cow 20230 (Phone: 202–482–1124), or visit
Manure the PEC Web site, http://www.trade.gov/
calculated importer–specific ad valorem
pec.
rates. For Raoping Yucun, we aggregated
the dumping margins calculated for all Comment 4: Surrogate Value for Tin Dated: July 11, 2006.
Cans/Lids J. Marc Chittum,
U.S. sales to each importer and divided
Comment 5: Surrogate Value for Steam Staff Director and Executive Secretary,
this amount by the entered value of the
Coal President’s Export Council.
sales to each importer. Where an Comment 6: Surrogate Value for
importer–specific ad valorem rate is de [FR Doc. 06–6252 Filed 7–12–06; 12:52 pm]
Calcium Carbonate
minimis, we will order CBP to liquidate Comment 7: Calculation of Surrogate
BILLING CODE 3510–DR–P

appropriate entries without regard to Financial Ratios


antidumping duties. [FR Doc. E6–11276 Filed 7–14–06; 8:45 am] DEPARTMENT OF COMMERCE
Lastly, for the respondents receiving BILLING CODE 3510–DS–S
dumping rates based upon AFA, the National Oceanic and Atmospheric
Department will instruct CBP to Administration
liquidate entries according to the AFA DEPARTMENT OF COMMERCE
[I.D. 061406A]
ad valorem rate. The Department will
International Trade Administration
issue appraisement instructions directly Taking Marine Mammals Incidental to
to CBP upon the completion of the final The President’s Export Council: Specified Activities; Port Sutton
results of this administrative review. Meeting of the President’s Export Navigation Channel, Tampa Bay, FL
Reimbursement Of Duties Council AGENCY: National Marine Fisheries
AGENCY: International Trade Service (NMFS), National Oceanic and
This notice also serves as a final Atmospheric Administration (NOAA),
Administration, Commerce.
reminder to importers of their Commerce.
ACTION: Notice of an open meeting.
responsibility under 19 CFR 351.402(f) ACTION: Notice of a proposed
to file a certificate regarding the SUMMARY: The President’s Export modification to a proposed marine
reimbursement of antidumping duties Council (PEC) will hold a full Council mammal incidental take authorization;
prior to liquidation of the relevant meeting to discuss topics related to request for comments.
entries during this POR. Failure to export expansion. The meeting will
comply with this requirement could include discussion of trade priorities SUMMARY: NMFS received a request from
result in the Secretary’s presumption and initiatives, PEC subcommittee the U.S. Army Corps of Engineers-
that reimbursement of antidumping activity, and proposed letters of Jacksonville District (Corps) for an
duties occurred and the subsequent recommendation to the President. The authorization to take marine mammals,
assessment of doubled antidumping PEC was established on December 20, by harassment, incidental to expanding
duties. 1973, and reconstituted May 4, 1979, to and deepening the Port Sutton
advise the President on matters relating Navigation Channel in Tampa Harbor,
Administrative Protective Orders to U.S. trade. It was most recently FL (Port Sutton project). On August 18,
renewed by Executive Order 13316. 2005, NMFS published a Federal
This notice also serves as a reminder
Date: July 19, 2006. Register notice to solicit public
to parties subject to administrative comments for the Corps’ proposed
Time: 3:30 p.m. (EDT).
protective orders (‘‘APO’’) of their Location: U.S. Department of project and NMFS preliminary
responsibility concerning the return or Commerce, Room 4832, 1401 determination of issuing an incidental
destruction of proprietary information Constitution Avenue, NW., Washington, harassment authorization (IHA) to the
disclosed under APO in accordance DC 20230. Because of building security, Corps. Subsequently, the Corps
with 19 CFR 351.305, which continues all non-government attendees must pre- submitted additional information to
to govern business proprietary register. Please RSVP to the PEC NMFS on charge weight of the
information in this segment of the Executive Secretariat no later than July explosives and calculations for impact
proceeding. Timely written notification 18, 2006, to J. Marc Chittum, President’s zones from a similar port construction
of the return/destruction of APO Export Council, Room 4043, 1401 project that the Corps completed in
materials or conversion to judicial Constitution Avenue, NW., Washington, Miami. Due to the similarity of the
protective order is hereby requested. DC 20230, telephone (202) 482–1124, or geophysical structure and rock substrate
Failure to comply with the regulations e-mail Marc.Chittum@mail.doc.gov. between the Port of Miami and Port
and terms of an APO is a violation This program will be physically Sutton, the Corps proposes to modify
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which is subject to sanction. accessible to people with disabilities. certain aspects of the proposed project
We are issuing and publishing these Seating is limited and will be on a first in Port Sutton with the best available
come, first served basis. Requests for scientific information obtained from the
results and notice in accordance with
sign language interpretation, other Port of Miami project. NMFS is
sections 751(a) and 777(i) of the Act.
auxiliary aids, or pre-registration, requesting comments on the proposed

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40480 Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices

modifications to the Port Sutton project 216.103 as ‘‘an impact resulting from and March 31, when the likelihood of
and its IHA. the specified activity that cannot be Florida manatee (Trichechus manatus
DATES: Comments and information must reasonably expected to, and is not latirostris) presence is high within the
be received no later than August 1, reasonably likely to, adversely affect the proposed project area.
2006. species or stock through effects on (2) The Corps will provide the
annual rates of recruitment or survival.’’ contractor’s approved Blasting Plan to
ADDRESSES: Comments on this proposed
Subsection 101(a)(5)(D) of the MMPA the NMFS, the U.S. Fish and Wildlife
modification should be addressed to P.
established an expedited process by Service (USFWS), and the Florida Fish
Michael Payne, Chief, Permits,
which citizens of the United States can and Wildlife Conservation Commission
Conservation and Education Division,
apply for an authorization to (FWC) for review at least 30 days prior
Office of Protected Species, National
incidentally take small numbers of to the proposed date of the blast(s). The
Marine Fisheries Service, 1315 East-
marine mammals by harassment. Except Blasting Plan shall include at least the
West Highway, Silver Spring, MD
with respect to certain activities not following information:
20910. The mailbox address for (a) A list of the observers, their
providing e-mail comments on this pertinent here, the MMPA now defines
‘‘harassment’’ as: qualifications, and positions for the
action is PR1.061406A@noaa.gov. watch, and a map depicting the
any act of pursuit, torment, or annoyance
Comments sent via e-mail, including all which (i) has the potential to injure a marine proposed locations for boats or land-
attachments, must not exceed a 10– mammal or marine mammal stock in the wild based observers.
megabyte file size. NMFS requests that [Level A harassment]; or (ii) has the potential (b) The amount of explosive charge
comments be limited to the proposed to disturb a marine mammal or marine proposed, the explosive charge’s
modifications only; comments already mammal stock in the wild by causing equivalency in TNT, how it will be
submitted during the original public disruption of behavioral patterns, including,
but not limited to, migration, breathing, executed (depth of drilling, stemming,
comment will be addressed when NMFS etc.), a drawing showing the placement
makes a final determination whether an nursing, breeding, feeding, or sheltering
[Level B harassment]. of charges, size of the safety radius and
IHA will be issued. A copy of the Subsection 101(a)(5)(D) establishes a how it will be marked, tide tables for the
original application, Environmental 45–day time limit for NMFS review of proposed blasting event(s), and
Assessment (EA), and documents an application followed by a 30–day estimates of times and days for blasting
submitted to support the modifications public notice and comment period on events.
may be obtained by writing to the any proposed authorizations for the (3) For each explosive charge placed,
address provided or by telephoning the incidental harassment of small numbers detonation will not occur if a marine
contact listed under the heading FOR of marine mammals. mammal is known to be (or based on
FURTHER INFORMATION CONTACT. previous sightings, may be) within a
Publications referenced in this Summary of Request circular area known as the safety zone.
document are available for viewing, by On February 26, 2004, NMFS received In the absence of acoustic measurements
appointment during regular business a request from the Corps for an of the shock and pressure waves
hours, at the address provided here authorization to take, by harassment, emanating from the detonations, the
during this comment period. bottlenose dolphins (Tursiops following equations were proposed in
FOR FURTHER INFORMATION CONTACT: truncatus) incidental to using blasting the Corps’ original application and
Shane Guan, NMFS, (301)713–2289, ext during enlargement of the Port Sutton NMFS proposed IHA notice for blasting
137. Navigation Channel, a part of the Tampa projects to determine zones of injury or
SUPPLEMENTARY INFORMATION: Harbor Federal Navigation Project, in mortality from an open water explosion.
the northern portion of Tampa Bay, The equations, based on Young (1991),
Background
Hillsborough County, Florida. The were:
Sections 101(a)(5)(A) and (D) of the purpose of the project is to enlarge the Caution zone Radius (R) = 260 x (W)1/
Marine Mammal Protection Act navigation channel to accommodate 3
(MMPA) (16 U.S.C. 1361 et seq.) direct larger vessels and incorporate an Safety zone Radius (R) = 520 x (W)1/3
the Secretary of Commerce to allow, additional channel segment into the with radius (R) = 260 times or 520
upon request, the incidental, but not Federal channel. Detailed information of times the cube root of the weight (W) of
intentional, taking of small numbers of the project description, a summary of the explosive charge where R = radius
marine mammals by U.S. citizens who the marine mammal species in the of the zone in ft and W = weight of the
engage in a specified activity (other than proposed project area, and a description explosive charge in lbs/delay. The
commercial fishing) within a specified of potential effects on marine mammals caution zone represents the radius in ft
geographical region if certain findings are provided in a previous Federal from the detonation beyond which
are made and either regulations are Register notice (70 FR 48541, August mortality would not be expected from
issued or, if the taking is limited to 18, 2005) and are not repeated here. an open-water blast. The safety zone is
harassment, a notice of a proposed the approximate distance in ft beyond
authorization is provided to the public Summary of Proposed Modification which injury (Level A harassment) is
for review. Based on previous experience with unlikely from an open-water explosion.
An authorization shall be granted if harbor construction associated blasting These zones were initially proposed to
NMFS finds that the taking will have a in Puerto Rico in 1999 and Miami in be used by the Corps for implementing
negligible impact on the species or 2005, the Corps has developed a set of mitigation measures to protect marine
stock(s), will not have an unmitigable standard specifications that would be mammals.
adverse impact on the availability of the used as general guidelines for the Port Upon completion of the Port of Miami
species or stock(s) for subsistence uses, Sutton Project. These specifications harbor construction project, the Corps
rwilkins on PROD1PC63 with NOTICES

and if the permissible methods of taking would modify the existing proposed calculated and analyzed field
and requirements pertaining to the project plan (including mitigation) in measurements of acoustic wave
mitigation, monitoring and reporting of the following ways: pressures during the Port of Miami
such takings are set forth. NMFS has (1) The Corps will not conduct any Project. The results show that the
defined ‘‘negligible impact’’ in 50 CFR blasting activities between November 1 acoustic wave pressures from the

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Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices 40481

detonation to a distance equal to the would provide a better assessment on SUMMARY: The Hydrographic Services
caution zone radius plus 300 ft (91 m) the potential impacts on marine Review Panel (HSRP) was established
dropped down to the level of ambient mammals, and therefore provides more by the Secretary of Commerce to advise
noise. effective mitigation and monitoring the Under Secretary of Commerce for
Due to the similarity of the measures. NMFS retains its preliminary Oceans and Atmosphere on matters
geophysical structure and rock substrate determination made in its previous related to the responsibilities and
between Port of Miami and Port Sutton, Federal Register notice (70 FR 48541, authorities set forth in section 303 of the
the Corps believes the adoption of the August 18, 2005) that the Corps’ Hydrographic Services Improvement
Port of Miami pressure measurements to proposed action and subsequent Act of 1998, its amendments, and such
establish safety zones at Port Sutton modification, including mitigation other appropriate matters that the Under
provides a conservative level of measures to protect marine mammals, Secretary refers to the Panel for review
protection for marine mammals. may result, at worst, in the temporary and advice.
Therefore, the Corps proposes to modify modification in behavior by small Date and Time: The meeting will be
the safety zone radius to the radius of numbers of bottlenose dolphins, held Monday, August 14, 2006, from 1
the calculated caution zone plus 300 ft including temporarily vacating the Port p.m. to 5:30 p.m., and Tuesday, August
(91 m). This modification will reduce Sutton Channel area to avoid the 15, 2006, from 8 a.m. to 4:30 p.m.
the area of safety zones and make blasting activity and potential for minor Location: The Hotel Captain Cook, 4th
marine mammal monitoring more visual and acoustic disturbance from and K Streets, Anchorage, Alaska 99501;
effective. dredging and detonations. This action is Telephone: 907–276–6000 or 800–843–
(4) Marine mammal monitoring shall expected to have a negligible impact on 1950. The times and agenda topics are
begin at least 1 hour prior to the the affected species or stock of marine subject to change. Refer to the HSRP
scheduled start of blasting to identify mammals. In addition, no take by injury Web site listed below for the most
the possible presence of manatees and or death is anticipated, and harassment current meeting agenda.
dolphins. The monitoring shall continue takes will be at the lowest level FOR FURTHER INFORMATION CONTACT:
until at least one half-hour after practicable due to incorporation of the Captain Steven Barnum, NOAA,
detonations are complete. mitigation measures described in this Designated Federal Official (DFO),
Marine mammal monitoring will document and the August 18, 2005, Office of Coast Survey, National Ocean
consist of a minimum of six observers. Federal Register notice (70 FR 48541). Service (NOS), NOAA (N/CS), 1315 East
Each observer will be equipped with a West Highway, Silver Spring, Maryland
two-way radio that shall be dedicated Proposed Authorization
20910; Telephone: 301–713–2770, Fax:
exclusively to the watch. Extra radio NMFS proposes to issue an IHA to the 301–713–4019; e-mail:
should be available in case of failures. Corps for the harassment of small Hydroservices.panel@noaa.gov or visit
Observers will also be equipped with numbers of bottlenose dolphins the NOAA HSRP Web site at http://
polarized sunglasses, binoculars, a red incidental to expanding and deepening nauticalcharts.noaa.gov/ocs/hsrp/
flag for backup visual communication, the Port Sutton Channel in Tampa hsrp.htm.
and a sighting log with a map to record Harbor, FL, provided the mitigation, SUPPLEMENTARY INFORMATION: The
marine mammal sightings. monitoring, and reporting requirements,
In addition to monitoring from two meeting will be open to the public and
along with the proposed modifications, public comment periods will be
small boats and from a draw barge, are incorporated.
marine mammal monitoring will also scheduled at various times throughout
include a continuous aerial survey to be Information Solicited the meeting. These comment periods
conducted by aircraft, as approved by will be part of the final agenda that will
NMFS requests interested persons to
the Federal Aviation Administration. be published before the meeting date on
submit comments and information
(5) Detonation events will be halted if the HSRP Web site listed above. Each
concerning this proposed modification
an animal is spotted within 300 ft (91 individual or group making a verbal
to the proposed project and NMFS’
m) of the perimeter of the caution zone presentation will be limited to a total
preliminary determination of issuing an
(i.e., the safety zone). The blasting event time of five (5) minutes. Written
IHA (see ADDRESSES).
shall not take place until the animal comments (at least 30 copies) should be
Dated: July 11, 2006. submitted to the DFO by August 4,
moves out of the area under its own
volition, or 30 minutes after the last James H. Lecky, 2006. Written comments received by the
sighting of the animal. Director, Office of Protected Resources, DFO after August 4, 2006, will be
National Marine Fisheries Service. distributed to the HSRP, but may not be
Endangered Species Act [FR Doc. E6–11268 Filed 7–14–06; 8:45 am] reviewed before the meeting date.
The Corps is currently working with BILLING CODE 3510–22–S Approximately 25 seats will be available
the USFWS on an ESA section 7 for the public, on a first-come, first-
consultation regarding potential take of served basis.
Florida manatees incidental to the DEPARTMENT OF COMMERCE Matters to be Considered: (1)
proposed action. No ESA-listed species Deliberations on issues relevant to: (1)
under NMFS jurisdiction will be National Oceanic and Atmospheric Alaska shipping, cruise industry, coastal
affected. Administration resources management, ocean policy,
and recreational boating; (2) geodesy
Preliminary Conclusions Hydrographic Services Review Panel and shoreline mapping; (3) navigational
NMFS believes that the Corps’ Meeting services program updates; (4) historical
proposed modification to the proposed AGENCY: National Ocean Service, overview and status update on the
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action would not increase the incidental National Oceanic and Atmospheric reauthorization of the Hydrographic
take of marine mammals from its Administration (NOAA), Department of Services Improvement Act; (5) Panel
original proposal by number or severity. Commerce. deliberations on the ‘‘NOAA
The newly available information that Hydrographic Survey Priorities;’’ and (6)
ACTION: Notice of open meeting.
was used for the proposed modification public statements.

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