74686 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices 

1The Department was scheduled to initiate the 

sunset review of the antidumping order on raw 

pistachios from Iran (A–507–502) in December 

2010. However, the recently enacted 

Comprehensive Iran Sanctions, Accountability, and 

Divestment Act of 2010 includes a ban on all U.S. 

imports from Iran, including pistachios, effective 

September 29, 2010. See Comprehensive Iran 

Sanctions, Accountability, and Divestment Act of 

2010, 111 Public Law 195, section 103(b); see also 

Iranian Transactions Regulations, 75 FR 59611 

(Dept. of Treasury, September 28, 2010). While this 

import ban remains in effect, 19 U.S.C. 1675(c)(7) 

provides that the 5-year period from the date of the 

Department’s prior determination to continue the 

order in effect is tolled. Accordingly, the 

Department may not initiate a sunset review of the 

antidumping order on raw pistachios from Iran 

until two months after the import ban on pistachios 

is lifted. 

2 In comments made on the interim final sunset 

regulations, a number of parties stated that the 

proposed five-day period for rebuttals to 

substantive responses to a notice of initiation was 

insufficient. This requirement was retained in the 

final sunset regulations at 19 CFR 351.218(d)(4). As 

provided in 19 CFR 351.302(b), however, the 

Department will consider individual requests to 

extend that five-day deadline based upon a showing 

of good cause. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

For information from the Commission 

contact Mary Messer, Office of 

Investigations, U.S. International Trade 

Commission, at (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping 

and Countervailing Duty Orders, 63 FR 

13516 (March 20, 1998) and 70 FR 

62061 (October 28, 2005). Guidance on 

methodological or analytical issues 

relevant to the Department’s conduct of 

Sunset Reviews is set forth in the 

Department’s Policy Bulletin 98.3 

—Policies Regarding the Conduct of 

Five-Year (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders: Policy Bulletin, 63 FR 18871 

(April 16, 1998). 

Initiation of Review 

In accordance with 19 CFR 

351.218(c), we are initiating the Sunset 

Review of the following antidumping 

duty orders: 1

DOC case No. ITC case No. Country Product Department contact 

A–821–801 ............ 731–TA–340–E ..... Russia ................... Solid Urea (3rd Review) ........................ Dana Mermelstein, (202) 482–1391. 

A–823–801 ............ 731–TA–340–H ..... Ukraine .................. Solid Urea (3rd Review) ........................ Dana Mermelstein, (202) 482–1391. 

Filing Information 

As a courtesy, we are making 

information related to Sunset 

proceedings, including copies of the 

pertinent statute and Department’s 

regulations, the Department schedule 

for Sunset Reviews, a listing of past 

revocations and continuations, and 

current service lists, available to the 

public on the Department’s Internet 

Web site at the following address: 

‘‘http://ia.ita.doc.gov/sunset/.’’ All 

submissions in these Sunset Reviews 

must be filed in accordance with the 

Department’s regulations regarding 

format, translation, service, and 

certification of documents. These rules 

can be found at 19 CFR 351.303. 

Pursuant to 19 CFR 351.103 (c), the 

Department will maintain and make 

available a service list for these 

proceedings. To facilitate the timely 

preparation of the service list(s), it is 

requested that those seeking recognition 

as interested parties to a proceeding 

contact the Department in writing 

within 10 days of the publication of the 

Notice of Initiation. 

Because deadlines in Sunset Reviews 

can be very short, we urge interested 

parties to apply for access to proprietary 

information under administrative 

protective order (‘‘APO’’) immediately 

following publication in the Federal 

Register of this notice of initiation by 

filing a notice of intent to participate. 

The Department’s regulations on 

submission of proprietary information 

and eligibility to receive access to 

business proprietary information under 

APO can be found at 19 CFR 351.304– 

306. 

Information Required From Interested 

Parties 

Domestic interested parties defined in 

section 771(9)(C), (D), (E), (F), and (G) of 

the Act and 19 CFR 351.102(b) wishing 

to participate in a Sunset Review must 

respond not later than 15 days after the 

date of publication in the Federal 

Register of this notice of initiation by 

filing a notice of intent to participate. 

The required contents of the notice of 

intent to participate are set forth at 19 

CFR 351.218(d)(1)(ii). In accordance 

with the Department’s regulations, if we 

do not receive a notice of intent to 

participate from at least one domestic 

interested party by the 15-day deadline, 

the Department will automatically 

revoke the order without further review. 

See 19 CFR 351.218(d)(1)(iii). 

If we receive an order-specific notice 

of intent to participate from a domestic 

interested party, the Department’s 

regulations provide that all parties 

wishing to participate in the Sunset 

Review must file complete substantive 

responses not later than 30 days after 

the date of publication in the Federal 

Register of this notice of initiation. The 

required contents of a substantive 

response, on an order-specific basis, are 

set forth at 19 CFR 351.218(d)(3). Note 

that certain information requirements 

differ for respondent and domestic 

parties. Also, note that the Department’s 

information requirements are distinct 

from the Commission’s information 

requirements. Please consult the 

Department’s regulations for 

information regarding the Department’s 

conduct of Sunset Reviews.2 Please 

consult the Department’s regulations at 

19 CFR Part 351 for definitions of terms 

and for other general information 

concerning antidumping and 

countervailing duty proceedings at the 

Department. 

This notice of initiation is being 

published in accordance with section 

751(c) of the Act and 19 CFR 351.218 

(c). 

Dated: November 24, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–30237 Filed 11–30–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free-Trade Agreement 

(NAFTA), Article 1904 Binational Panel 

Reviews 

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of decision of panel. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices 74687 

SUMMARY: On November 26, 2010, the 

binational panel issued its decision in 

the review of the United States 

International Trade Commission’s (the 

Commission) final injury determination 

in Light-Walled Rectangular Pipe and 

Tube from China, Korea, and Mexico 

(NAFTA Secretariat File Number USA– 

MEX–2008–1904–04). The binational 

panel upheld in part and remanded in 

part the Commission’s determination. 

The Commission is directed to issue its 

remand determination within sixty days 

from the date of this panel decision. 

Copies of the panel decision are 

available from the U.S. Section of the 

NAFTA Secretariat. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Dees, United States Secretary, 

NAFTA Secretariat, Suite 2061, 14th 

and Constitution Avenue, 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 has been conducted in 

accordance with these Rules. 

Dated: November 26, 2010. 

Valerie Dees, 

United States Secretary, NAFTA Secretariat. 

[FR Doc. 2010–30231 Filed 11–30–10; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY30 

Takes of Marine Mammals Incidental to 

Specified Activities; Construction of 

the Parsons Slough Sill Project 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to the NOAA Restoration Center, 

Southwest Region, to take, by Level B 

Harassment only, small numbers of 

harbor seals (Phoca vitulina richardsi) 

incidental to pile driving associated 

with the Parsons Slough Sill Project. 

DATES: Effective November 24, 2010, 

through February 28, 2011. 

ADDRESSES: A copy of the IHA, the 

application, and the associated 

Environmental Assessment and Finding 

of No Significant Impact are available by 

writing to P. Michael Payne, Chief, 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910 or by telephoning the contact 

listed here (see FOR FURTHER

INFORMATION CONTACT), or visiting the 

Internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Brian D. Hopper or Candace Nachman, 

Office of Protected Resources, NMFS, 

(301) 713–2289, or Monica DeAngelis, 

NMFS Southwest Region, (562) 980– 

3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ‘‘* * * an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the U.S. can apply for 

an authorization to incidentally take 

small numbers of marine mammals by 

harassment. Section 101(a)(5)(D) 

establishes a 45-day time limit for 

NMFS review of an application 

followed by a 30-day public notice and 

comment period on any proposed 

authorization published in the Federal 

Register for the incidental harassment of 

marine mammals. Within 45 days of the 

close of the comment period, NMFS 

must either issue or deny the 

authorization. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

Any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Summary of Request 

NMFS received an application on 

August 5, 2010, from the NOAA 

Restoration Center, Southwest Region, 

for the taking, by harassment, of marine 

mammals incidental to the construction 

of a partially submerged tidal barrier 

(sill) across the mouth of the Parsons 

Slough Channel. Parsons Slough is 

located on the southeast side of the 

Elkhorn Slough Estuary, which is 

situated 90 miles (145 km) south of San 

Francisco and 20 miles (32 km) north of 

Monterey in Monterey County, 

California. The application was 

determined to be complete on August 

16, 2010. Pile driving during the project 

may result in harassment of Pacific 


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