81224 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

addition, a complete version of the 

Decision Memorandum can be accessed 

directly on the Web at http:// 

ia.ita.doc.gov/frn. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

Preliminary Results of Review 

The Department preliminarily 

determines that revocation of the 

antidumping duty order on SSSS in 

coils from Mexico is likely to lead to 

continuation or recurrence of dumping 

at the following weighted-average 

margins: 

Mexinox—30.69 percent. 

All Other’s—30.69 percent. 

Public Comments and Hearing 

Any interested party may request a 

hearing within 30 days of publication of 

this notice in accordance with 19 CFR 

351.310(c). Consistent with 19 CFR 

351.310(d)(1), any hearing, if requested, 

will generally be held two days after the 

scheduled date for submission of 

rebuttal briefs, in accordance with 19 

CFR 351.309(d). Interested parties may 

submit case briefs no later than 50 days 

after the date of publication of these 

preliminary results of review, in 

accordance with 19 CFR 

351.309(c)(1)(i). Rebuttal briefs, which 

must be limited to issues raised in the 

case briefs, may be filed not later than 

five days after the time limit for filing 

the case brief, unless the Secretary alters 

this time limit. See 19 CFR 351.309(d). 

The Department will issue a notice of 

final results of this sunset review, which 

will include the results of its analysis of 

issues raised in any such briefs, no later 

than April 28, 2011. 

This five-year (‘‘sunset’’) review and 

notice are in accordance with sections 

751(c), 752, and 777(i)(1) of the Act. 

Dated: December 20, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–32478 Filed 12–23–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Availability of Seats for the Channel 

Islands National Marine Sanctuary 

Advisory Council 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Notice and request for 

applications. 

SUMMARY: The ONMS is seeking 

applications for the following vacant 

seats on the Channel Islands National 

Marine Sanctuary Advisory Council: 

Commercial Fishing member and 

alternate, Non-consumptive recreation 

member and alternate, Conservation 

member and alternate, Research member 

and alternate, Public at large members 

(2), and Business member. Applicants 

are chosen based upon their particular 

expertise and experience in relation to 

the seat for which they are applying; 

community and professional affiliations; 

philosophy regarding the protection and 

management of marine resources; and 

possibly the length of residence in the 

area affected by the sanctuary. 

Applicants who are chosen as members 

should expect to serve two-year terms, 

pursuant to the council’s charter. 

DATES: Applications are due by January 

24, 2011. 

ADDRESSES: Application kits may be 

obtained from http:// 

channelislands.noaa.gov/. Completed 

applications should be sent 

Danielle.lipski@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mike Murray, 

Michael.murray@noaa.gov, 805–884– 

1464, 113 Harbor Way, Suite 150, Santa 

Barbara, CA 93109. 

SUPPLEMENTARY INFORMATION: The 

CINMS Advisory Council was originally 

established in December 1998 and has a 

broad representation consisting of 21 

members, including ten government 

agency representatives and eleven 

members from the general public. The 

Council functions in an advisory 

capacity to the Sanctuary 

Superintendent. The Council works in 

concert with the Sanctuary 

Superintendent by keeping him or her 

informed about issues of concern 

throughout the Sanctuary, offering 

recommendations on specific issues, 

and aiding the Superintendent in 

achieving the goals of the Office 

National Marine Sanctuaries. 

Specifically, the Council’s objectives are 

to provide advice on: (1) Protecting 

natural and cultural resources and 

identifying and evaluating emergent or 

critical issues involving Sanctuary use 

or resources; (2) Identifying and 

realizing the Sanctuary’s research 

objectives; (3) Identifying and realizing 

educational opportunities to increase 

the public knowledge and stewardship 

of the Sanctuary environment; and (4) 

Assisting to develop an informed 

constituency to increase awareness and 

understanding of the purpose and value 

of the Sanctuary and the Office of 

National Marine Sanctuaries. 

Authority: 16 U.S.C. 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429, Marine Sanctuary Program) 

Dated: December 16, 2010. 

Daniel J. Basta, 

Director, Office of National Marine 

Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2010–32370 Filed 12–23–10; 8:45 am] 

BILLING CODE 3510–NK–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Availability of Recreational Diving, Oil 

and Gas Operations and Commercial 

Fishing Seats for the Flower Garden 

Banks National Marine Sanctuary 

Advisory Council 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce DOC). 

ACTION: Notice and request for 

applications. 

SUMMARY: The ONMS is seeking 

applications for the following vacant 

seats on the Flower Garden Banks 

National Marine Sanctuary Advisory 

Council: Recreational Diving, Oil and 

Gas Operations and Commercial 

Fishing. Applicants are chosen based 

upon their particular expertise and 

experience in relation to the seat for 

which they are applying; community 

and professional affiliations; philosophy 

regarding the protection and 

management of marine resources; and 

possibly the length of residence in the 

area affected by the sanctuary. 

Applicants who are chosen as members 

should expect to serve three-year terms, 

pursuant to the council’s charter. 

DATES: Applications are due by 

February 4, 2010. 

ADDRESSES: Application kits may be 

obtained from Jennifer Morgan, 

NOAA—Flower Garden Banks National 

Marine Sanctuary, 4700 Avenue U, 

Bldg. 216, Galveston, TX 77551 or 

downloaded from the sanctuary Web 

site http://flowergarden.noaa.gov. 

Completed applications should be sent 

to the same address. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Morgan, NOAA—Flower 

Garden Banks National Marine 

Sanctuary, 4700 Avenue U, Bldg. 216, 


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81225 

Galveston, TX 77551, 409–621–5151 

ext. 103, Jennifer.Morgan@noaa.gov. 

SUPPLEMENTARY INFORMATION: Located in 

the northwestern Gulf of Mexico, the 

Flower Garden Banks National Marine 

Sanctuary includes three separate areas, 

known as East Flower Garden, West 

Flower Garden, and Stetson Banks. The 

Sanctuary was designated on January 

17, 1992. Stetson Bank was added to the 

Sanctuary in 1996. The Sanctuary 

Advisory Council will consist of no 

more than 21 members; 16 non 

governmental voting members and 5 

governmental non-voting members. The 

council may serve as a forum for 

consultation and deliberation among its 

members and as a source of advice to 

the Sanctuary manager regarding the 

management of the Flower Garden 

Banks National Marine Sanctuary. 

Authority: 16 U.S.C. 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: December 17, 2010. 

Daniel J. Basta, 

Director, Office of National Marine 

Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2010–32369 Filed 12–23–10; 8:45 am] 

BILLING CODE 3510–NK–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA018 

60-Day Finding for a Petition To 

Conduct a Status Review of the 

Eastern North Pacific Population of 

Gray Whale Under the Marine Mammal 

Protection Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of a 60-day petition 

finding. 

SUMMARY: NMFS received a petition to 

conduct a status review under the 

Marine Mammal Protection Act 

(MMPA) for the purpose of designating 

the Eastern North Pacific stock of gray 

whales (Eschrichtius robustus) as 

depleted. NMFS finds that the petition 

does not present substantial information 

indicating that a status review may be 

warranted. 

DATES: This petition finding was made 

on December 20, 2010. 

ADDRESSES: A copy of the petition and 

a complete list of references cited in this 

notice will be available on the Internet 

at the following address: http:// 

www.nmfs.noaa.gov/pr/. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Shannon Bettridge or Dr. Thomas C. 

Eagle, Office of Protected Resources, 

Silver Spring, MD, (301) 713–2322. 

SUPPLEMENTARY INFORMATION: 

Background 

Statutory Guidance 

Section 3(1)(A) of the Marine 

Mammal Protection Act (MMPA) (16 

U.S.C. 1362(1)(A)) defines the term, 

‘‘depletion’’ or ‘‘depleted’’, to include any 

case in which ‘‘ * * * the Secretary, 

after consultation with the Marine 

Mammal Commission and the 

Committee of Scientific Advisors on 

Marine Mammals * * * determines that 

a species or a population stock is below 

its optimum sustainable population.’’ 

Section 3(9) of the MMPA (16 U.S.C. 

1362(9)) defines ‘‘optimum sustainable 

population [(OSP)] * * * with respect 

to any population stock, [as] the number 

of animals which will result in the 

maximum productivity of the 

population or the species, keeping in 

mind the carrying capacity [(K)] of the 

habitat and the health of the ecosystem 

of which they form a constituent 

element.’’ NMFS’ regulations at 50 CFR 

216.3 clarify the definition of OSP as ‘‘a 

population size which falls within a 

range from the population level of a 

given species or stock which is the 

largest supportable within the 

ecosystem [i.e., K] to the population 

level that results in maximum net 

productivity.’’ Maximum net 

productivity level (MNPL) is the 

population abundance that results in the 

greatest net annual increment in 

population numbers resulting from 

additions to the population from 

reproduction, less losses due to natural 

mortality. 

The MMPA provides for interested 

parties to submit a petition to designate 

a population stock (hereafter ‘‘stock’’) of 

marine mammals as depleted. Section 

115(a)(3) of the MMPA (16 U.S.C. 

1383b(a)(3)) requires NMFS to publish a 

notice in the Federal Register that such 

a petition has been received and is 

available for public review. Section 

115(a)(3)(B) (16 U.S.C. 1383b(a)(3)(B)) of 

the MMPA requires NMFS to publish a 

notice in the Federal Register as to 

whether the petition presents 

substantial information indicating that 

the petitioned action may be warranted 

within 60 days of receiving a petition. 

NMFS and the U.S. Fish and Wildlife 

Service define ‘‘substantial information’’ 

under the petition procedural 

regulations of the Endangered Species 

Act as the amount of information that 

would lead a reasonable person to 

believe that the measure proposed in the 

petition may be warranted (see 50 CFR 

424.14(b)). Given that the identical term 

is used in the MMPA with reference to 

petitioned actions, NMFS interprets 

‘‘substantial information’’ under MMPA 

using the same parameters as those used 

under the ESA. 

Status of Gray Whales Under the Law 

Gray whales were listed among 

several genera of baleen whales as 

endangered under the Endangered 

Species Conservation Act in June 1970, 

the precursor to the Endangered Species 

Act (ESA) (35 FR 8491, June 2, 1970). 

The species was subsequently listed as 

endangered on the List of Endangered 

and Threatened Wildlife and Plants (the 

List) under the ESA in 1973. All marine 

mammal species listed under the ESA 

are defined as ‘‘depleted’’ under the 

MMPA. NMFS completed its first status 

review of gray whales in 1984 and 

concluded that the Eastern North Pacific 

(ENP) stock was not in danger of 

extinction. That review recommended 

changing the status of the ENP stock of 

gray whales from endangered to 

threatened, however, no further action 

was taken at that time (49 FR 44774, 

November 9, 1984). 

NMFS began a subsequent status 

review of gray whales and other listed 

species in 1990, and completed a formal 

report of the review and made it 

available to the public on June 27, 1991 

(56 FR 29471). NMFS published a 

proposed rule to delist the ENP stock of 

gray whales on November 22, 1991 (56 

FR 58869). On January 7, 1993, NMFS 

announced its final determination that 

the stock was no longer in danger of 

extinction and was not likely to become 

endangered in the foreseeable future, 

and concluded that the stock was 60 to 

90 percent of K (within the accepted 

range of abundances for the stock’s OSP) 

and should be removed from the List (58 

FR 3121). The U.S. Fish and Wildlife 

Service removed the ENP stock of gray 

whales from the List on June 16, 1994 

(59 FR 31094). As required by the ESA, 

NMFS conducted a status review five 

years after the delisting, and convened 

a workshop on March 16–17, 1999, in 

Seattle, WA. The workshop participants 

concluded that there was no reason to 

reverse the decision to remove the stock 

from the List. This determination was 

based on the continued growth of the 

population (at that time, increasing at 

2.5 percent annually and with 

abundance estimates well above 20,000) 

and the absence of evidence of any 

imminent threats to the stock. As 

recommended by the workshop 


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