474 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

7 Id. at 17. 

8 Id. 

9 Id. at 19. 

10 Id. 

11 Id. 

12 Id. at 19–20. 

13 Id. at 20. 

14 Id. at 20. 

expect or request steel threaded rod 

with small amounts of chromium 

added, other than to circumvent the 

order.7 Petitioner argues that the 

applicable standard for DA bolts does 

not address the chemistry of the steel, 

focusing instead on basic dimensions, 

zinc coating, and tensile strength, none 

of which are affected by the additional 

amounts of chromium.8

Use of the Merchandise 

Petitioner states that the uses of DA 

bolts, i.e., fasteners in the utility 

industry, are typical applications of 

steel threaded rod.9

Channels of Marketing 

Petitioner states that the channels of 

marketing for the chromium-added DA 

bolts and the subject steel threaded rod 

are the same, noting that both products 

are marketed through distributors.10

Cost of Modification 

Petitioner indicates that the addition 

of small amounts of chromium involves 

minimal additional cost compared to 

the overall costs of the merchandise in 

question.11

Circumstances Under Which the 

Subject Products Entered the United 

States 

Petitioner argues that entry summary 

information indicates that the additional 

chromium was added to deliberately 

avoid antidumping duties. Petitioner 

points to documents contained in the 

entry summary for Gem-Year’s entries of 

higher-chromium DA bolts to support 

its claim that the chromium content of 

the DA bolts was manipulated in an 

attempt to circumvent the order.12

Because Gem-Year’s merchandise would 

be subject to the PRC-wide deposit rate 

of 206.00 percent, Petitioner asserts that 

Gem-Year and its customers have a 

strong financial incentive to avoid 

paying antidumping duties.13

Timing of the Entries 

Petitioner asserts that the addition of 

chromium after the issuance of the Steel 

Threaded Rod Order and the 

Department’s determination in the 

related scope request concerning DA 

bolts indicates that this addition of 

chromium is an attempt to circumvent 

the Steel Threaded Rod Order.14

Based on the information provided by 

Petitioner, the Department finds there is 

sufficient basis to initiate an 

antidumping anti-circumvention 

inquiry, pursuant to section 781(c) of 

the Act, to determine whether the 

merchandise subject to the inquiry 

(identified in the ‘‘Merchandise Subject 

to the Minor Alterations Antidumping 

Circumvention Inquiry’’ section above) 

involves a minor alteration to subject 

merchandise that is so insignificant as 

to render the resulting merchandise 

subject to the Steel Threaded Rod 

Order. 

The Department will not order the 

suspension of liquidation of entries of 

any additional merchandise at this time. 

However, in accordance with 19 CFR 

351.225(l)(2), if the Department issues a 

preliminary affirmative determination, 

we will then instruct U.S. Customs and 

Border Protection to suspend 

liquidation and require a cash deposit of 

estimated duties, at the applicable rate, 

for each unliquidated entry of the 

merchandise at issue, entered or 

withdrawn from warehouse for 

consumption on or after the date of 

initiation of the inquiry. 

The Department will, following 

consultation with interested parties, 

establish a schedule for questionnaires 

and comments on the issues. The 

Department intends to issue its final 

determination within 300 days of the 

date of publication of this initiation 

notice. 

This notice is published in 

accordance with sections 781(c) of the 

Act and 19 CFR 351.225(i). 

Dated: December 22, 2011. 

Christian Marsh, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–33768 Filed 1–4–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA892 

2012 Annual Determination for Sea 

Turtle Observer Requirement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) is providing 

notification that the agency will not 

identify additional fisheries to observe 

on the Annual Determination (AD) for 

2012, pursuant to its authority under the 

Endangered Species Act (ESA). Through 

an AD, NMFS identifies fisheries 

operating in the Atlantic Ocean, Gulf of 

Mexico, and Pacific Ocean that will be 

required to take observers upon NMFS’ 

request. The purpose of observing 

identified fisheries is to learn more 

about sea turtle interactions in a given 

fishery, evaluate existing measures to 

prevent or reduce prohibited sea turtle 

takes, and to determine whether 

additional measures to implement the 

prohibition against sea turtle takes may 

be necessary. Fisheries identified in the 

2010 AD (see Table 1) remain on the AD 

and are therefore required to carry 

observers upon NMFS’ request, until 

2014. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION for a listing of all Regional 

Offices. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Long, Office of Protected 

Resources, (301) 713–2322; Ellen Keane, 

Northeast Region, (978) 282–8476; 

Dennis Klemm, Southeast Region, (727) 

824–5312; Elizabeth Petras, Southwest 

Region, (562) 980–3238; Kim Maison, 

Pacific Islands Region, (808) 944–2257. 

Individuals who use a 

telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1-(800) 

877–8339 between 8 a.m. and 4 p.m. 

Eastern time, Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Availability of Published Materials 

Information regarding the Sea Turtle 

Observer Requirement for Fisheries (72 

FR 43176, August 3, 2007) may be 

obtained at www.nmfs.noaa.gov/pr/ 

species/turtles/regulations.htm or from 

any NMFS Regional Office at the 

addresses listed below: 

Æ NMFS, Northeast Region, 55 Great 

Republic Drive, Gloucester, MA 01930– 

2298; 

Æ NMFS, Southeast Region, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

Æ NMFS, Southwest Region, 501 W. 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; or 

Æ NMFS, Pacific Islands Region, 

Protected Resources, 1601 Kapiolani 

Boulevard, Suite 1100, Honolulu, HI 

96814–4700. 

Purpose of the Sea Turtle Observer 

Requirement 

Under the ESA, 16 U.S.C. 1531 et seq., 

NMFS has the responsibility to 

implement programs to conserve marine 

life listed as endangered or threatened. 

All sea turtles found in U.S. waters are 

listed as either endangered or 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 475 

threatened under the ESA. Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) sea 

turtles are listed as endangered. 

Loggerhead (Caretta caretta), green 

(Chelonia mydas), and olive ridley 

(Lepidochelys olivacea) sea turtles are 

listed as threatened, except for breeding 

colony populations of green turtles in 

Florida and on the Pacific coast of 

Mexico, and breeding colony 

populations of olive ridleys on the 

Pacific coast of Mexico, which are listed 

as endangered. Due to the inability to 

distinguish between populations of 

green and olive ridley turtles away from 

the nesting beach, NMFS considers 

these turtles endangered wherever they 

occur in U.S. waters. While some sea 

turtle populations have shown signs of 

recovery, many populations continue to 

decline. 

Incidental take, or bycatch, in fishing 

gear is one of the main sources of sea 

turtle injury and mortality nationwide. 

Section 9 of the ESA prohibits the take 

(including harassing, harming, 

pursuing, hunting, shooting, wounding, 

killing, trapping, capturing, or collecting 

or attempting to engage in any such 

conduct), including incidental take, of 

endangered sea turtles. Pursuant to 

section 4(d) of the ESA, NMFS has 

issued regulations extending the 

prohibition of take, with exceptions, to 

threatened sea turtles (50 CFR 223.205 

and 223.206). Sections 9 and 11 of the 

ESA authorize the issuance of 

regulations to enforce the take 

prohibitions. NMFS may grant 

exceptions to the take prohibitions with 

an incidental take statement or an 

incidental take permit issued pursuant 

to ESA section 7 or 10, respectively. To 

do so, NMFS must determine that the 

activity that will result in incidental 

take is not likely to jeopardize the 

continued existence of the affected 

listed species. For some Federal 

fisheries and most state fisheries, NMFS 

has not granted an exception primarily 

because we lack information about 

fishery-sea turtle interactions. 

The most effective way for NMFS to 

learn more about sea turtle-fishery 

interactions in order to prevent or 

minimize take is to place observers 

aboard fishing vessels. In 2007, NMFS 

issued a regulation (50 CFR 222.402) to 

establish procedures through which 

each year NMFS will identify, pursuant 

to specified criteria and after notice and 

opportunity for comment, those 

fisheries in which the agency intends to 

place observers (72 FR 43176, August 3, 

2007). These regulations specify that 

NMFS may place observers on U.S. 

fishing vessels, either recreational or 

commercial, operating in U.S. territorial 

waters, the U.S. exclusive economic 

zone (EEZ), or on the high seas, or on 

vessels that are otherwise subject to the 

jurisdiction of the U.S. Failure to 

comply with the requirements under 

this rule may result in civil or criminal 

penalties under the ESA. 

NMFS and/or interested cooperating 

entities will pay the direct costs for 

vessels to carry observers. These include 

observer salary and insurance costs. 

NMFS may also evaluate other potential 

direct costs, should they arise. Once 

selected, a fishery will be eligible to be 

observed for 5 years without further 

action by NMFS. This will enable NMFS 

to develop an appropriate sampling 

protocol to investigate whether, how, 

when, where, and under what 

conditions incidental takes are 

occurring; to evaluate whether existing 

measures are minimizing or preventing 

takes; and to determine whether 

additional measures are needed to 

conserve and recover turtles. 

2012 Annual Determination 

NMFS is providing notification that 

the agency will not identify additional 

fisheries to observe for the 2012 AD, 

pursuant to its authority under the ESA. 

NMFS is not identifying additional 

fisheries at this time given lack of 

resources to implement new or expand 

existing observer programs to focus on 

sea turtles (50 CFR 222.402(a)(4)). 

Fisheries identified in the 2010 AD (see 

Table 1) remain on the AD and are 

therefore required to carry observers, 

upon NMFS’ request, until 2014. NMFS 

did not identify additional fisheries to 

observe in the 2011 AD. 

TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON THE ANNUAL DETERMINATION

Fishery Years eligible to 

carry observers 

Trawl Fisheries: 

Atlantic shellfish bottom trawl ............................................................................................................................................... 2010–2014 

Mid-Atlantic bottom trawl ...................................................................................................................................................... 2010–2014 

Mid-Atlantic mid-water trawl (including pair trawl) ............................................................................................................... 2010–2014 

Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ..................................................................................................... 2010–2014 

Gillnet Fisheries: 

CA halibut, white seabass and other species set gillnet (>3.5 in mesh) ............................................................................ 2010–2014 

CA yellowtail, barracuda, and white seabass drift gillnet (mesh size >3.5 in. and <14 in.) ................................................ 2010–2014 

Chesapeake Bay inshore gillnet ........................................................................................................................................... 2010–2014 

Long Island inshore gillnet ................................................................................................................................................... 2010–2014 

Mid-Atlantic gillnet ................................................................................................................................................................ 2010–2014 

North Carolina inshore gillnet ............................................................................................................................................... 2010–2014 

Northeast sink gillnet ............................................................................................................................................................ 2010–2014 

Southeast Atlantic gillnet ...................................................................................................................................................... 2010–2014 

Trap/Pot Fisheries: 

Atlantic blue crab trap/pot .................................................................................................................................................... 2010–2014 

Atlantic mixed species trap/pot ............................................................................................................................................ 2010–2014 

Northeast/mid-Atlantic American lobster trap/pot ................................................................................................................. 2010–2014 

Pound Net/Weir/Seine Fisheries: 

Mid-Atlantic haul/beach seine .............................................................................................................................................. 2010–2014 

Mid-Atlantic menhaden purse seine ..................................................................................................................................... 2010–2014 

U.S. mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net) ...................................... 2010–2014 

Virginia pound net ........................................................................................................................................................................ 2010–2014 


emcdonald on DSK5VPTVN1PROD with NOTICES
476 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

Dated: December 29, 2011. 

P. Michael Payne, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2011–33852 Filed 1–4–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA907 

Endangered and Threatened Species; 

Recovery Plan Southern Oregon/ 

Northern California Coast Coho 

Salmon Evolutionarily Significant Unit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: NMFS announces the 

availability for public review of the draft 

Recovery Plan (Plan) for the Southern 

Oregon/Northern California Coast 

(SONCC) Coho Salmon (Oncorhynchus 

kisutch) Evolutionarily Significant Unit 

(ESU). NMFS is soliciting review and 

comment from the public and all 

interested parties on the Plan, and will 

consider all substantive comments 

received during the review period 

before submitting the Plan for final 

approval. In addition, public meetings 

will be announced as opportunities for 

providing comments on the Draft Plan 

(dates to be determined). 

DATES: Comments must be received no 

later than 5 p.m. Pacific daylight time 

on March 5, 2012. NMFS will accept 

anonymous comments (enter N/A in the 

required fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Via email: 

SONCC.Recovery@noaa.gov (No files 

larger than 5MB can be accepted). 

• Via U.S. Mail: Julie Weeder, 

National Marine Fisheries Service, 1655 

Heindon Road, Arcata, CA 95521, Attn: 

Recovery Coordinator/SONCC Coho 

Salmon Public Draft Recovery Plan 

Comments. 

• Hand delivered: National Marine 

Fisheries Service, 1655 Heindon Road, 

Arcata, CA 95521, Attn: Recovery 

Coordinator/SONCC Coho Salmon 

Public Draft Recovery Plan Comments. 

Business hours are 8 a.m. to 4:30 p.m. 

Monday through Friday, except Federal 

holidays. 

• Via fax: (707) 825–4840. Please 

include the following on the cover page 

of the fax: ‘‘Attn: Recovery Coordinator/ 

SONCC Coho Salmon Public Draft 

Recovery Plan Comments.’’ 

FOR FURTHER INFORMATION CONTACT: Julie 

Weeder ((707) 825–5168), email 

julie.weeder@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS is 

charged with the recovery of Pacific 

salmon and steelhead species listed 

under the Endangered Species Act 

(ESA). Recovery means that listed 

species and their ecosystems are 

restored, and their future secured, so 

that the protections of the ESA are no 

longer necessary. The ESA specifies that 

recovery plans must include: (1) A 

description of management actions 

necessary to achieve the plan’s goals for 

the conservation and survival of the 

species; (2) objective, measurable 

criteria which, when met, would result 

in the species being removed from the 

list; and (3) estimates of time and costs 

required to achieve the plan’s goal and 

the intermediate steps towards that goal. 

Section 4(f) of the ESA, as amended in 

1988, requires that public notice and an 

opportunity for public review and 

comment be provided during recovery 

plan development. NMFS is hereby 

soliciting relevant information on 

SONCC Coho Salmon ESU populations 

and their freshwater/marine habitats. In 

addition, NMFS is soliciting comment 

on the contents of the proposed 

recovery plan. 

Persons wishing to review the Draft 

Plan can obtain an electronic copy (i.e., 

CD ROM) from Ms. Cynthia Anderson 

by calling (707) 825–5162 or by 

emailing a request to 

Cynthia.Anderson@noaa.gov with the 

subject line ‘‘CD ROM Request for 

SONCC Coho Salmon Draft Recovery 

Plan.’’ Electronic copies of the Draft 

Plan are also available on line on the 

following NMFS Web site: http:// 

swr.nmfs.noaa.gov/recovery. 

Public Meetings 

Public meetings are planned. 

Information on locations, dates, and 

times will be posted on the Web site 

listed above. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: December 29, 2011. 

Susan Pultz, 

Acting Chief, Endangered Species Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2011–33850 Filed 1–4–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration (NOAA) 

Science Advisory Board 

AGENCY: Office of Oceanic and 

Atmospheric Research (OAR), National 

Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Notice of public meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda of a 

forthcoming meeting of the NOAA 

Science Advisory Board. The members 

will discuss and provide advice on 

issues outlined in the section on Matters 

to be Considered. 

Time and Date: The meeting is 

scheduled for: Tuesday, January 31, 

2012, from 3–5 p.m. Eastern Standard 

Time. 

ADDRESSES: Conference call. Public 

access is available at: NOAA, SSMC 3, 

Room 11836, 1315 East-West Highway 

Silver Spring, Md. 

Status: The meeting will be open to 

public participation with a 5-minute 

public comment period from 4:50–4:55 

p.m. The SAB expects that public 

statements presented at its meetings will 

not be repetitive of previously 

submitted verbal or written statements. 

In general, each individual or group 

making a verbal presentation will be 

limited to a total time of one minute. 

Written comments should be received in 

the SAB Executive Director’s Office by 

January 26, 2012 to provide sufficient 

time for SAB review. Written comments 

received by the SAB Executive Director 

after January 26, 2012, will be 

distributed to the SAB, but may not be 

reviewed prior to the meeting date. 

SUPPLEMENTARY INFORMATION: The 

Science Advisory Board (SAB) was 

established by a Decision Memorandum 

dated September 25, 1997, and is the 

only Federal Advisory Committee with 

responsibility to advise the Under 

Secretary of Commerce for Oceans and 

Atmosphere on strategies for research, 

education, and application of science to 

operations and information services. 

SAB activities and advice provide 

necessary input to ensure that National 

Oceanic and Atmospheric 

Administration (NOAA) science 

programs are of the highest quality and 

provide optimal support to resource 

management. 

Matters To Be Considered: The 

meeting will include the following 

topics: (1) Review of new members for 

the Environmental Information Services 

Working Group (2) Review of renewal of 


emcdonald on DSK5VPTVN1PROD with NOTICES