Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42861 

section 703(a)(2) of the Act. A negative 

ITC determination will result in the 

investigation being terminated; see 

section 703(a)(1) of the Act. Otherwise, 

the investigation will proceed according 

to statutory and regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: August 18, 2009. 

Carole Showers, 

Acting Deputy Assistant Secretary for Policy 

and Negotiations. 

Appendix I 

Scope of the Investigation 

Imports covered by this petition 

consist of certain chemically bonded 

(resin or pitch), magnesia carbon bricks 

with a magnesia component of at least 

70 percent magnesia (‘‘MgO’’) by 

weight, regardless of the source of raw 

materials for the MgO, with carbon 

levels ranging from trace amounts to 30 

percent by weight, regardless of 

enhancements, (for example, magnesia 

carbon bricks can be enhanced with 

coating, grinding, tar impregnation or 

coking, high temperature heat 

treatments, anti–slip treatments or metal 

casing) and regardless of whether or not 

anti–oxidants are present (for example, 

antioxidants can be added to the mix 

from trace amounts to 15 percent by 

weight as various metals, metal alloys, 

and metal carbides). Certain magnesia 

carbon bricks that are the subject of this 

investigation are currently classifiable 

under subheadings 6902.10.10.00, 

6902.10.50.00, 6815.91.00.00, and 

6815.99 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

While HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description is dispositive. 

[FR Doc. E9–20493 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR07 

Endangered Species; File No. 14396 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

the Delaware Department of Natural 

Resources and Environmental ControlDivision of Fish and Wildlife, Dover, 

Delaware, has applied in due form for 

a permit to take shortnose sturgeon 

(Acipenser brevirostrum) for purposes 

of scientific research. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

September 24, 2009. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov/index.cfm, and 

then selecting File No. 14396 from the 

list of available applications. These 

documents are also available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Northeast Region, NMFS, Protected 

Resources Division, 55 Great Republic 

Drive, Gloucester, MA 01930; phone 

(978)281–9300; fax (978)281–9333. 

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate. 

Comments may also be submitted by 

facsimile at (301)713–0376, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 14396. 

FOR FURTHER INFORMATION CONTACT: 

Malcolm Mohead or Kate Swails, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.), and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR 222–226). 

The applicant is seeking a five-year 

scientific research permit to conduct a 

study of shortnose sturgeon in the 

Delaware River. The primary study 

objective would be to locate and 

document nursery areas, individual 

movement patterns, seasonal 

movements, home ranges, and habitats 

of juvenile shortnose sturgeon through 

the use of telemetry. This focus would 

be in association with an ongoing 

Atlantic sturgeon (Acipenser oxyrinchus 

oxyrhinchus) study with similar 

objectives. Up to 200 shortnose sturgeon 

would be weighed, measured, examined 

for tags, marked with Passive Integrated 

Transponder (PIT) tags and Floy tags, 

and released. Up to 15 early stage 

juvenile shortnose sturgeon would also 

be anesthetized and implanted with 

acoustic transmitters if they are of 

suitable size. A total of one 

unintentional mortality is requested 

over the five year term of the project 

which is scheduled to take place from 

March 1 to December 15. 

Dated: August 19, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–20491 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ20 

Incidental Takes of Marine Mammals 

During Specified Activities; Marine 

Geophysical Survey in the Northeast 

Pacific Ocean, August–October, 2009 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

take 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 Lamont-Doherty Earth 

Observatory (L-DEO), a part of Columbia 

University, to take small numbers of 

marine mammals, by Level B 

harassment only, incidental to 

conducting a marine seismic survey in 

the northeast Pacific Ocean. 

DATES: Effective August 19, 2009 

through October 13, 2009. 

ADDRESSES: A copy of the IHA and the 

application are available by writing to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225 or by telephoning the 


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