71672 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices 

above. Seating is available to the public 

on a first-come, first-served basis. 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should also be directed to 

the Designated Federal Official as soon 

as known, and preferably two weeks 

prior to the meeting. 

Dated: November 18, 2010. 

Robert M. Groves, 

Director, Bureau of the Census. 

[FR Doc. 2010–29602 Filed 11–23–10; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–911] 

Circular Welded Carbon Quality Steel 

Pipe From the People’s Republic of 

China: Rescission of Countervailing 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: November 24, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Morris at (202) 482–1779; AD/ 

CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

Background 

On July 1, 2010, the Department of 

Commerce (‘‘the Department’’) published 

a notice announcing the opportunity to 

request an administrative review of the 

countervailing duty order on circular 

welded carbon quality steel pipe 

(‘‘CWP’’) from the People’s Republic of 

China (‘‘PRC’’). See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

To Request Administrative Review, 75 

FR 38074 (July 1, 2010). On July 31, 

2010, the Ad Hoc Coalition for Fair Pipe 

Imports and its individual members, 

Allied Tube & Conduit, IPSCO Tubulars, 

Inc., Sharon Tube Company, Western 

Tube & Conduit Corporation, and 

Wheatland Tube Company (collectively 

‘‘Petitioners’’), who are domestic 

producers of CWP, timely requested that 

the Department conduct an 

administrative review of fourteen 

producers and/or exporters of the 

subject merchandise covering the period 

of January 1, 2009, through December 

31, 2009. In accordance with 19 CFR 

351.221(c)(1)(i), the Department 

published a notice initiating this 

administrative review. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Deferral of 

Initiation of Administrative Review, 75 

FR 53274, 53276 (August 31, 2010). 

Rescission of Review 

Pursuant to 19 CFR 351.213(d)(l), the 

Secretary will rescind an administrative 

review, in whole or in part, if the party 

that requested a review withdraws the 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. On October 27, 

2010, Petitioners withdrew their request 

for review of all fourteen exporters and 

producers within the 90-day period. 

Therefore, in response to Petitioners’ 

timely withdrawal request, and as no 

other party requested a review, the 

Department is rescinding this 

administrative review. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess countervailing duties on all 

appropriate entries. For the companies 

for which this review is rescinded, the 

countervailing duties shall be assessed 

at rates equal to the cash deposit of 

estimated countervailing duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions to CBP 15 days after the 

date of publication of this notice of 

rescission of administrative review. 

Notification Regarding Administrative 

Protective Order 

This notice serves as a final reminder 

to parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

This notice of rescission is issued and 

published in accordance with sections 

751(a)(l) and 777(i)(l) of the Tariff Act, 

as amended, and 19 CFR 351.213(d)(4). 

Dated: November 17, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–29668 Filed 11–23–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY60 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Missile Launch 

Operations From San Nicolas Island, 

CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Notice; issuance of a revised 

Letter of Authorization. 

SUMMARY: In June, 2009, pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS issued regulations to 

govern the unintentional taking of 

marine mammals incidental to U.S. 

Navy (Navy) missile launch operations, 

a military readiness activity, from San 

Nicolas Island (SNI), California, for the 

period of June 2009 through June 2014. 

The second Letter of Authorization 

(LOA) for the incidental take of marine 

mammals during the described activities 

and specified timeframes is effective 

from June 4, 2010, through June 3, 2011. 

Following issuance of the LOA, the 

Navy submitted a revised monitoring 

plan for their activities at SNI. NMFS 

has issued a revised LOA, which 

incorporates the revised monitoring 

plan, to replace the one that was 

previously in effect. 

DATES: Effective December 1, 2010, 

through November 30, 2011. 

ADDRESSES: The LOA and supporting 

documentation are available for review 

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 one of the 

contacts listed below (FOR FURTHER

INFORMATION CONTACT). Documents cited 

in this notice may be viewed, by 

appointment, during regular business 

hours, at the aforementioned address 

and at the Southwest Regional Office, 

NMFS, 501 West Ocean Boulevard, 

Suite 4200, Long Beach, CA 90802. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Magliocca, Office of Protected 

Resources, NMFS, 301–713–2289, or 

Monica DeAngelis, NMFS, 562–980– 

3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs the Secretary 

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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 

regulations are issued. However, for 

military readiness activities, the 

National Defense Authorization Act 

(Pub. L. 108–136) removed the ‘‘small 

numbers’’ and ‘‘specified geographical 

region’’ limitations. Under the MMPA, 

the term ‘‘take’’ means to harass, hunt, 

capture, or kill, or to attempt to harass, 

hunt, capture, or kill marine mammals. 

Authorization may be granted for 

periods up to 5 years if NMFS finds, 

after notification and opportunity for 

public comment, that the taking will 

have a negligible impact on the species 

or stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses. In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means of 

effecting the least practicable adverse 

impact on the species and its habitat 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. The 

regulations must include requirements 

for monitoring and reporting of such 

taking. 

Regulations governing the taking of 

Northern elephant seals (Mirounga 

angustirostris), Pacific harbor seals 

(Phoca vitulina richardsi), and 

California sea lions (Zalophus 

californianus), by harassment, 

incidental to missile launch operations 

at SNI, were issued on June 2, 2009, and 

remain in effect until June 2, 2014 (74 

FR 26580). The previous 2010 LOA 

under these regulations was issued on 

June 4, 2010 (75 FR 28587). For more 

detailed information on this action, 

please refer to these documents. The 

regulations and LOA include mitigation, 

monitoring, and reporting requirements 

for the incidental take of marine 

mammals during missile launches at 

SNI. Northern elephant seals, Pacific 

harbor seals, and California sea lions are 

found on various haul-out sites and 

rookeries on SNI. The LOA authorizes 

take of the three pinniped species listed 

above that may result from the 

launching of up to 40 missiles from SNI 

per year. Up to 10 launches per year 

may occur at night. Nighttime launches 

will only occur when required by the 

test objectives, e.g., when testing the 

Airborne Laser system. The noise 

generated by Navy activities may result 

in the incidental harassment of 

pinnipeds, both behaviorally and in 

terms of physiological (auditory) 

impacts. The noise and visual 

disturbances from missile launches may 

cause the animals to move towards or 

enter the water. The LOA authorizes the 

following numbers of pinnipeds to be 

incidentally taken by Level B 

harassment annually: 474 Northern 

elephant seals; 467 Pacific harbor seals; 

and 1,606 California sea lions. 

Summary of the Modification 

On June 7, 2010, NMFS received a 

proposed revised monitoring plan for 

vehicle launches at SNI, California, in 

association with an LOA issued on June 

4, 2010 and in effect through June 3, 

2011. The revised monitoring plan was 

updated to reflect new equipment and 

procedures proposed by the Navy, along 

with a proposal to discontinue targeted 

monitoring of Northern elephant seals. 

After reviewing the revised monitoring 

plan, the Marine Mammal Commission 

(Commission) further recommended 

that the Navy obtain, analyze, and 

review existing information regarding 

potential displacement of Northern 

elephant seals, Pacific harbor seals, and 

California sea lions from those rookeries 

and haul out sites affected by launch 

activities. NMFS marine mammal 

surveys from SNI have since been 

reviewed for any indications of 

decreasing trends in pinniped 

abundance or changes in distribution 

since the take of marine mammals 

incidental to launches from SNI were 

authorized beginning in August 2001. 

The surveys do not indicate any 

significant changes in abundance or 

distribution. The following are the only 

modifications to the previous 2010 

LOA; all other mitigation and 

monitoring requirements remain 

unchanged. 

Nighttime Launches 

The Navy recently acquired forward 

looking infrared (FLIR) HS–324 

Command thermal imaging cameras for 

nighttime monitoring of pinnipeds 

before, during, and after each missile 

launch. Previously, no cameras were 

available for nighttime monitoring of 

pinniped haul out sites. The thermal 

imaging cameras, made by FLIR 

Systems, Inc., will be located to 

overlook haul out sites up to 6 hours 

prior to a launch, depending on safety 

restrictions. Placement of the cameras 

will cause minimal disturbance to 

pinnipeds and will focus on a subgroup 

of pinnipeds within the haul out 

aggregation. The cameras record data 

internally and are capable of storing 

more than 5 hours of video; however, 

they do not record sound, so no 

simultaneous audio recording separate 

from the acoustic monitoring data, 

collected as described in the regulations 

(74 FR 26580) and previous 2010 LOA 

(75 FR 28587), will be available. Navy 

biologists will make direct visual 

observations of the pinniped groups, 

prior to deployment of the thermal 

imaging cameras, in order to record 

weather conditions, species, locations of 

any pinnipeds hauled out, etc. 

Monitoring of Northern Elephant Seals 

The Navy will eliminate targeted 

monitoring of Northern elephant seals 

during all future launches of Vandaland Coyote-size, and smaller, vehicles 

on SNI. During the majority of launches 

monitored over the past 9 years, 

Northern elephant seals exhibited little 

reaction to vehicle launches. The Navy’s 

most recent monitoring report estimated 

that zero Northern elephant seals were 

harassed by launches from SNI. During 

future launches, Northern elephant seals 

would only be monitored if they happen 

to be alongside other monitored 

pinniped species (i.e., Pacific harbor 

seals and California sea lions) and in the 

camera’s field of view. Monitoring sites 

will be chosen based primarily on the 

presence of Pacific harbor seals and 

California sea lions; however, the same 

number of sites will continue to be 

monitored. By eliminating targeted 

monitoring of Northern elephant seals, 

the Navy will focus on these more 

responsive pinniped species and 

remaining questions about the 

frequency and extent of these responses. 

All other aspects of the Navy’s 

monitoring requirements, as stated in 

the regulations (74 FR 26580) and 

previous 2010 LOA (75 FR 28587), will 

remain the same. The Navy will submit 

a single annual report for the period 

June 2010 through November 2011. 

Summary of Activity and Monitoring 

Conducted During 2010 

The Navy submitted a preliminary, 

qualitative review of marine mammal 

monitoring activities between June 4, 

2010, and September 1, 2010, as part of 

their proposal for a revised monitoring 

plan. The review briefly describes two 

single launches from SNI on two 

different days. These launches occurred 

during daylight hours. A single Coyote 

missile was launched on each of two 

days, June 9 and July 8, 2010, from the 

Alpha Launch Complex located 190 m 

(623 ft) above sea level on the westcentral part of SNI. For each launch, 

three remote video cameras and three or 

four audio recorders were deployed at 

varying distances from the launch site. 

Trained staff also collected general 

information on environmental 

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71674 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices 

conditions and the status and behavior 

of focal animal groups prior to and 

following each launch. Behavioral 

responses were similar to those 

observed during previously monitored 

launches. The authorized level of take 

was not exceeded, and no evidence of 

injury or mortality was observed during 

or immediately succeeding the launches 

for the monitored pinniped species. 

Comments and Responses 

A request for public comment on the 

revised monitoring plan and proposed 

authorization was published on 

September 24, 2010 (75 FR 58365), at 

the recommendation of the Commission. 

During the 30-day public comment 

period, NMFS received comments from 

the Commission and one private citizen. 

The comment from the private citizen 

opposed the issuance of an 

authorization without any specific 

substantiation for why such an 

authorization should not be issued. For 

the reasons set forth in this notice and 

the associated rulemaking (74 FR 26580, 

June 2, 2009), NMFS believes issuance 

of an authorization is appropriate. 

Following are the comments from the 

Commission and NMFS’ responses: 

Comment 1: The Commission 

recommends that NMFS initiate such a 

rulemaking or provide adequate 

justification to support a determination 

that rulemaking is not required to 

amend section 216.155 of the 

regulations to authorize the Navy to 

discontinue monitoring the potential 

effects of launches on Northern elephant 

seals. 

Response: NMFS has determined that 

a rulemaking is not required to amend 

section 216.155 of the regulations to 

authorize the Navy to discontinue 

monitoring the potential effects of 

launches on Northern elephant seals. 

Part (b) of this section states that ‘‘The 

National Marine Fisheries Service must 

be informed immediately of any changes 

or deletions to any portions of the 

proposed monitoring plan submitted, in 

accordance with the Letter of 

Authorization.’’ The Navy made NMFS 

aware of such changes. Furthermore, the 

regulatory text does not require 

monitoring of all species present at SNI. 

The visual land-based and acoustic 

monitoring requirements in 50 CFR 

216.155 state that three haul-out sites 

will be observed using autonomous 

digital video cameras and acoustic 

equipment; this requirement remains in 

effect under the revised LOA. Visual 

land-based monitoring will actually be 

enhanced under this LOA through the 

use of FLIR thermal imaging cameras 

during nighttime launches. 

Comment 2: The Commission 

recommends that NMFS clarify the 

intent of 50 CFR 216.158(a)(1) of its 

regulations and explain why it does not 

believe that the Navy should be held to 

the commitment that there would be no 

substantial modifications to the 

monitoring program to be carried out 

during the 12 months covered by the 

previous 2010 LOA. 

Response: NMFS has determined that 

the Navy’s modifications to their 

monitoring program for launch activities 

at SNI are not substantial. The Navy will 

continue to report on the same number 

of monitoring locations as have been 

authorized in previous LOAs. The Navy 

will no longer target Northern elephant 

seals; however, this species may still be 

observed if it overlaps with other 

pinnipeds at the designated monitoring 

locations. This implementation of 

adaptive management will allow the 

Navy to focus their monitoring and 

research on other more responsive 

pinniped species at SNI. 

Comment 3: The Commission 

recommends that NMFS provide the 

Commission and the public with the 

information necessary to evaluate the 

conclusion that there has been no 

displacement of pinnipeds from 

rookeries and haul-out sites in the areas 

potentially affected by launch activities. 

Response: Based on unpublished 

NMFS survey data from 2000 to 2005, 

there has been an overall 107 percent 

increase in Northern elephant seal pups 

in locations directly within or adjacent 

to the Navy’s anticipated launch 

azimuths. The area with the highest 

increase of non-pups between 2000 and 

2005 also took place in locations 

directly within or adjacent to the Navy’s 

anticipated launch azimuths. In 

contrast, other areas of SNI’s perimeter 

show an overall decrease in both 

Northern elephant seal pups and nonpups, with the greatest observed change 

being a decrease of 1,616 Northern 

elephant seals near the southeast region 

of the island. 

Comment 4: The Commission 

recommends that NMFS develop and 

implement a monitoring strategy 

designed to determine whether there are 

gaps in the available information for 

assessing possible long-term effects and, 

if so, to what extent the cumulative 

effects of repeated launch activities 

might be displacing pinnipeds. 

Response: NMFS has determined that 

the Navy’s current monitoring strategy 

is sufficient to determine if there are any 

long-term effects to pinnipeds from 

launch activities at SNI. NMFS 

biologists have been monitoring 

pinnipeds on SNI since 2000 and will 

continue to do so under this LOA. 

Authorization 

The Navy complied with the 

requirements of the previous 2010 LOA 

and NMFS has determined that there 

was no evidence of pinniped injuries or 

fatalities related to the June and July 

2010 vehicle launches from SNI. The 

Navy’s activities fell within the scope of 

the activities analyzed in the 2009 rule, 

and the observed take did not exceed 

that authorized in the previous 2010 

LOA. NMFS has determined that this 

action would continue to have a 

negligible impact on the affected species 

or stocks of marine mammals on SNI, 

and there are no subsistence uses of 

these three pinniped species in 

California waters. Accordingly, NMFS 

has issued a revised LOA to the Navy 

authorizing the take of three marine 

mammal species, by harassment, 

incidental to missile launch activities 

from SNI. The revised LOA will expire 

one year from the date of issuance and 

the Navy has agreed to operate under 

their annual authorized take numbers 

for the extended period of June 2010 

through November 2011. 

Dated: November 18, 2010. 

James H. Lecky, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–29656 Filed 11–23–10; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, December 

1, 2010; 10 a.m.–11 a.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

Matter To Be Considered: 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: November 19, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–29830 Filed 11–22–10; 4:15 pm] 

BILLING CODE 6355–01–P 

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