61204 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 

The Committee Members are hereby 

discharged from their duties effective 

October 15, 2004.

Dated: October 12, 2004. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat.

[FR Doc. E4–2658 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–GT–P

DEPARTMENT OF COMMERCE

International Trade Administration 

North American Free-Trade Agreement 

(NAFTA), Article 1904 NAFTA Panel 

Reviews; Decision of the Committee

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce.

ACTION: Notice of decision of 

Extraordinary Challenge Committee. 

SUMMARY: On October 7, 2004 the 

Extraordinary Challenge Committee 

(ECC) issued its decision in the matter 

of Pure Magnesium from Canada, 

Secretariat File No. ECC–2003–1904–

01USA.

FOR FURTHER INFORMATION CONTACT:

Caratina L. Alston, United States 

Secretary, NAFTA Secretariat, Suite 

2061, 14th and Constitution Avenue, 

NW., Washington, DC 20230, (202) 482–

5438.

SUPPLEMENTARY INFORMATION: Chapter 

19 of the North American Free-Trade 

Agreement (‘‘Agreement’’) establishes a 

mechanism to replace domestic judicial 

review of final determinations in 

antidumping and countervailing duty 

cases involving imports from a NAFTA 

country with review by independent 

binational panels. When a Request for 

Panel Review is filed, a panel is 

established to act in place of national 

courts to review expeditiously the final 

determination to determine whether it 

conforms with the antidumping or 

countervailing duty law of the country 

that made the determination. 

Under Article 1904 of the Agreement, 

which came into force on January 1, 

1994, the Government of the United 

States, the Government of Canada and 

the Government of Mexico established 

Rules of Procedure for Article 1904 

Binational Panel Reviews (‘‘Rules’’). 

These Rules were published in the 

Federal Register on February 23, 1994 

(59 FR 8686). The panel review in this 

matter was conducted in accordance 

with these Rules. 

Background Information: On 

September 24, 2003, the Office of the 

United States Trade Representative filed 

a Request for an Extraordinary 

Challenge Committee to review 

decisions of March 27, 2002; October 

15, 2002; April 28, 2003 and June 24, 

2003, with the United States Section of 

the NAFTA Secretariat pursuant to 

Article 1904 of the North American Free 

Trade Agreement. Panel review was 

requested of the full sunset review of 

the anti-dumping order made by the 

International Trade Administration, 

respecting Pure Alloy Magnesium from 

Canada. These determinations were 

published in the Federal Register. The 

NAFTA Secretariat assigned Secretariat 

File Number ECC–2003–1904–01USA to 

this request. 

Committee Decision: The Committee 

concluded that the panel manifestly 

exceeded its powers by failing to apply 

the correct standard of review; such 

action materially affected the Panel’s 

decision, but; that the Panel’s action did 

not threaten the integrity of the 

binational panel review process. 

Accordingly the challenge is 

dismissed and by virtue of section 3 of 

NAFTA Annex 1904.13 the challenged 

panel decision stands affirmed.

Dated: October 8, 2004. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat.

[FR Doc. E4–2706 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–GT–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

Evaluation of State Coastal 

Management Programs and National 

Estuarine Research Reserves

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Office of Ocean and Coastal Resource 

Management, National Ocean Service, 

Commerce.

ACTION: Notice of intent to evaluate and 

notice of availability of final findings. 

SUMMARY: The NOAA Office of Ocean 

and Coastal Resource Management 

(OCRM) announces its intent to evaluate 

the performance of the Mississippi 

Coastal Management Program; the 

Sapelo Island National Estuarine 

Research Reserve, Georgia; and the 

North Carolina National Estuarine 

Research Reserve. 

The Coastal Zone Management 

Program evaluation will be conducted 

pursuant to section 312 of the Coastal 

Zone Management Act of 1972, as 

amended, (CZMA) and regulations at 15 

CFR part 923, subpart L. The National 

Estuarine Research Reserve evaluations 

will be conducted pursuant to sections 

312 and 315 of the CZMA and 

regulations at 15 CFR part 921, subpart 

E and part 923, subpart L. 

The CZMA requires continuing 

review of the performance of states with 

respect to coastal program 

implementation. Evaluation of Coastal 

Zone Management Programs and 

National Estuarine Research Reserves 

requires findings concerning the extent 

to which a state has met the national 

objectives, adhered to its Coastal 

Management Program document or 

Reserve final management plan 

approved by the Secretary of Commerce, 

and adhered to the terms of financial 

assistance awards funded under the 

CZMA. 

The evaluations will include a site 

visit, consideration of public comments, 

and consultations with interested 

Federal, state and local agencies and 

members of the public. Public meetings 

will be held as part of the site visits. 

Notice is hereby given of the dates of 

the site visits for the listed evaluations, 

and the dates, local times, and locations 

of the public meetings during the site 

visits. 

The Mississippi Coastal Management 

Program evaluation site visit will be 

held December 6–10, 2004. One public 

meeting will be held during the week. 

The public meeting will be on Monday, 

December 6, 2004, at 5 p.m., at the 

Mississippi Department of Marine 

Resources Auditorium, 1141 Bay View 

Avenue, Biloxi, Mississippi. 

The Sapelo Island National Estuarine 

Research Reserve, Georgia, evaluation 

site visit will be held December 14–16, 

2004. One public meeting will be held 

during the week. The public meeting 

will be held on Wednesday, December 

15, 2004, at 7 p.m., at the Sapelo Island 

Visitor Center, Landing Road/Route 1, 

Meridian, Georgia. 

The North Carolina National 

Estuarine Research Reserve evaluation 

site visit will be held December 6–10, 

2004. Three public meetings will be 

held during the week. The first public 

meeting will be held on Tuesday, 

December 7, 2004, at 7 p.m. at the 

Currituck County Library—Corolla 

Branch, 1123 Ocean Trail, Corolla, 

North Carolina. The second public 

meeting will be held on Wednesday, 

December 8, 2004, at 7 p.m. at the C–

MAST Building, third floor Library 

Conference Room, 303 College Circle, 

Morehead City, North Carolina. The 

third public meeting will be held on 

Thursday, December 9, 2004, at 7 p.m. 

at the North Carolina Department of 

Environment and Natural Resources 

Regional Office, Room 200, 127 Cardinal 

Drive Ext., Wilmington, North Carolina. 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 61205

Copies of states’ most recent 

performance reports, as well as OCRM’s 

notifications and supplemental request 

letters to the state, are available upon 

request from OCRM. Written comments 

from interested parties regarding these 

Programs are encouraged and will be 

accepted until 15 days after the last 

public meeting held for that Program. 

Please direct written comments to Ralph 

Cantral, Chief, National Policy and 

Evaluation Division, Office of Ocean 

and Coastal Resource Management, 

NOS/NOAA, 1305 East-West Highway, 

10th Floor, Silver Spring, Maryland 

20910. When the evaluations are 

completed, OCRM will place a notice in 

the Federal Register announcing the 

availability of the Final Evaluation 

Findings. 

Notice is hereby given of the 

availability of the final evaluation 

findings for the Virginia and New York 

Coastal Management Programs (CMPs); 

and the Old Woman Creek (Ohio) and 

Jacques Cousteau (New Jersey) National 

Estuarine Research Reserves (NERRs). 

Sections 312 and 315 of the Coastal 

Zone Management Act of 1972 (CZMA), 

as amended, require a continuing 

review of the performance of coastal 

states with respect to approval of CMPs 

and the operation and management of 

NERRs. 

The states of Virginia and New York 

were found to be implementing and 

enforcing their federally approved 

coastal management programs, 

addressing the national coastal 

management objectives identified in 

CZMA Section 303(2)(A)–(K), and 

adhering to the programmatic terms of 

their financial assistance awards. Old 

Woman Creek (Ohio) and Jacques 

Cousteau (New Jersey) NERRs were 

found to be adhering to programmatic 

requirements of the NERR System. 

Copies of these final evaluation 

findings may be obtained upon written 

request from: Ralph Cantral, Chief, 

National Policy and Evaluation 

Division, Office of Ocean and Coastal 

Resource Management, NOS/NOAA, 

1305 East-West Highway, 10th Floor, 

Silver Spring, Maryland 20910, or 

Ralph.Cantral@noaa.gov, (301) 713–

3155, extension 118.

FOR FURTHER INFORMATION CONTACT:

Ralph Cantral, Chief, National Policy 

and Evaluation Division, Office of 

Ocean and Coastal Resource 

Management, NOS/NOAA, 1305 EastWest Highway, 10th Floor, Silver 

Spring, Maryland 20910, (301) 713–

3155, extension 118.

Dated: September 27, 2004. 

Eldon Hout, 

Director, Office of Ocean and Coastal 

Resource Management.

[FR Doc. 04–23164 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–08–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

Notice of Availability of the Final 

Reserve Operations Plan for the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC).

ACTION: Notice.

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

announces the availability of the Final 

Reserve Operations Plan for the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve (Reserve). The 

Reserve Operations Plan (ROP) is a 

requirement of Executive Order 13178, 

as finalized by Executive Order 13196 

(hereinafter Executive Order or EO). The 

ROP was presented to the public on two 

separate occasions in 2002 and 2004, 

and over 30,000 public comments 

resulted from both open public 

comment periods. 

The most recent public comment 

period for the ROP opened on March 19, 

2004 (69 FR 13022) and ended on May 

15, 2004. Approximately 29,400 public 

comments were received during this 

period, with about 27,000 arriving by email and the remainder by letter and 

fax. In addition, the Northwestern 

Hawaiian Islands Coral Reef Ecosystem 

Reserve Advisory Council provided 

both general and specific comments on 

the draft final ROP as did the Marine 

Mammal Commission, Western Pacific 

Regional Fisheries Management Council 

and a group of 13 local and national 

conservation organizations, claiming to 

represent over 3.4 million members. A 

similar letter was also received from a 

group of 10 conservation organizations 

(many of the same as above), 

collectively representing more than 2.7 

million members.

FOR FURTHER INFORMATION CONTACT:

Robert P. Smith, (808) 933–8181, 

nwhi@noaa.gov.

To Obtain a Hard Copy of the Final 

Reserve Operations Plan: Requests can 

be mailed to NWHI Coral Reef 

Ecosystem Reserve, 6700 Kalanianaole 

Highway, #215, Honolulu, Hawaii 

96825; faxed to (808) 397–2662; emailed to nwhi@noaa.gov or 

downloaded at http://

www.hawaiireef.noaa.gov.

SUPPLEMENTARY INFORMATION: The 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve (Reserve) was 

established by Executive Orders 13178 

and 13196. Pursuant to the EO, NOAA 

prepared a draft Reserve Operations 

Plan that was issued for public review 

in February 2002 (67 FR 11998), which 

provided a guide for management of the 

Reserve during a process that will 

consider the marine environment of the 

Northwestern Hawaiian Islands for 

designation as a National Marine 

Sanctuary. Significant public comment 

was received on the first draft, and the 

NMSP considered the public comment 

and worked with the Reserve Advisory 

Council to produce a second draft 

Reserve Operations Plan. A second 

public review period was conducted 

from March 19 through May 15, 2004 

and over 29,000 comments were 

received. 

Comments and Responses 

From all of the public comments 

received, a number of comments were 

accepted by NOAA which corrected 

technical inaccuracies and/or added 

additional clarifying information as 

improvements to the ROP, and were 

incorporated into the final document, 

either verbatim as suggested, or 

addressed by explanation. An example 

of a comment received and accepted 

which addressed a technical inaccuracy 

was ‘‘The correct Latin name for killer 

whale is ‘Orcinus’ and should replace 

‘Orsinus’’. Significant comments to the 

ROP are generally described below, with 

NOAA’s responses. 

1. Comment: NOAA should, through 

the Department of Commerce, carry out 

formal regulations for the Executive 

Orders that would be enforceable within 

the Reserve. 

Response: The NMSP will not pursue 

the issuance of any additional 

regulations for the Reserve. The NMSP’s 

priority is to finalize the ROP and focus 

on the sanctuary designation process, 

which will include the development of 

regulations for the preferred alternative, 

rather than undertake a resourceintensive, concurrent process to issue 

regulations for the Reserve.

2. Comment: The ROP should include 

a penalty schedule for violation of all 

Reserve prohibitions. 

Response: Executive Orders 13178 

and 13196, which established the 

Reserve, provide specific conservation 

measures that apply to the Reserve.