Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48719 

1See the September XX, 2009, memorandum to 

the File entitled ‘‘Certain Cut-to-Length CarbonQuality Steel Plate from the Republic of Korea: AllOthers Cash-Deposit Rate’’ for details on the 

calculation of this rate. 

rate of 32.70 percent is a reasonable 

indication of the margins that Hyosung, 

Hyundai Mipo, and JeongWoo would 

have received on their U.S. transactions 

had they responded to our request for 

information. We preliminarily find that 

use of the rate of 32.70 percent as 

adverse facts available is sufficiently 

high to ensure that Hyosung, Hyundai 

Mipo, and JeongWoo do not benefit 

from failing to cooperate in our review 

by refusing to respond to our 

questionnaire. See CTL Plate from Korea 

2006–07 Final, 73 FR at 15133. 

Preliminary Results of the Review 

As a result of our review, we 

preliminarily determine that the 

weighted-average dumping margins for 

CTL plate from Korea for the period 

February 1, 2008, through January 31, 

2009, are as follows: 

Company Margin 

(percent) 

Hyosung ................................ 32.70 

Hyundai Mipo ........................ 32.70 

JeongWoo ............................. 32.70 

Disclosure and Public Comment 

We will disclose the draft liquidation 

instructions to parties to this review 

within five days of the date of 

publication of this notice. See 19 CFR 

351.224(b). Any interested party may 

request a hearing within 30 days of the 

date of publication of this notice. See 19 

CFR 351.310. Interested parties who 

wish to request a hearing or to 

participate in a hearing if a hearing is 

requested must submit a written request 

to the Assistant Secretary for Import 

Administration within 30 days of the 

date of publication of this notice. 

Requests should contain the following: 

(1) The party’s name, address, and 

telephone number; (2) the number of 

participants; (3) a list of issues to be 

discussed. 

Issues raised in the hearing will be 

limited to those raised in the case briefs. 

See 19 CFR 351.310(c). Case briefs from 

interested parties may be submitted not 

later than 30 days after the date of 

publication of this notice of preliminary 

results of review. See 19 CFR 

351.309(c)(1)(ii). Rebuttal briefs from 

interested parties, limited to the issues 

raised in the case briefs, may be 

submitted not later than five days after 

the time limit for filing the case briefs 

or comments. See 19 CFR 351.309(d)(1) 

and 19 CFR 351.310(c). Any hearing, if 

requested, will be held two days after 

the scheduled date for submission of 

rebuttal briefs. See 19 CFR 351.310(d). 

Parties who submit case briefs or 

rebuttal briefs in this proceeding are 

requested to submit with each argument 

a statement of the issue, a summary of 

the arguments not exceeding five pages, 

and a table of statutes, regulations, and 

cases cited. See 19 CFR 351.309(c)(2). 

The Department will issue the final 

results of this administrative review, 

including the results of its analysis of 

issues raised in any such written briefs, 

not later than 120 days after the date of 

publication of this notice. See section 

751(a)(3)(A) of the Act. 

Assessment Rates 

Pursuant to 19 CFR 351.212(b), the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries. Because we are 

relying on total adverse facts available 

to establish the dumping margins for 

Hyosung, Hyundai Mipo, and 

JeongWoo, we intend to instruct CBP to 

apply a dumping margin of 32.70 

percent to CTL plate from Korea that 

was produced and/or exported by 

Hyosung, Hyundai Mipo, and JeongWoo 

and entered, or withdrawn from 

warehouse, for consumption during the 

period of review. 

The Department intends to issue 

appropriate assessment instructions to 

CBP 15 days after publication of the 

final results of review. 

Cash-Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

notice of final results of administrative 

review for all shipments of steel plate 

from Korea entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication, as provided by 

section 751(a)(2)(C) of the Act: (1) The 

cash-deposit rates for Hyosung, Hyundai 

Mipo, and JeongWoo will be the rate 

established in the final results of this 

review; (2) for previously reviewed or 

investigated companies not listed above, 

the cash-deposit rate will continue to be 

the company-specific rate published for 

the most recent period; (3) if the 

exporter is not a firm covered in this 

review, a prior review, or the less-thanfair-value investigation but the 

manufacturer is, the cash-deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; (4) if neither the 

exporter nor the manufacturer has its 

own rate, the cash-deposit rate will be 

0.98 percent,1 the all-others rate 

established in the less-than-fair-value 

investigation, adjusted for the exportsubsidy rate in the companion 

countervailing duty investigation. These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) to file a certificate regarding 

the reimbursement of antidumping 

duties prior to liquidation of the 

relevant entries during the period of 

review. Failure to comply with this 

requirement could result in the 

Department’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of doubled antidumping duties. 

These preliminary results of 

administrative review are issued and 

published in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.221(b)(4). 

Dated: September 18, 2009. 

Carole A. Showers, 

Acting Deputy Assistant Secretary for Policy 

and Negotiations. 

[FR Doc. E9–23112 Filed 9–23–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR53 

Magnuson-Stevens Act Provisions; 

General Provisions for Domestic 

Fisheries; Application for Exempted 

Fishing Permits (EFPs) 

AGENCY: Department of Commerce, 

National Oceanic and Atmospheric 

Administration (NOAA), National 

Marine Fisheries Service (NMFS). 

ACTION: Notification of a proposal for an 

EFP to conduct exempted fishing; 

request for comments. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Northeast Region, NMFS (Assistant 

Regional Administrator), has made a 

preliminary determination that the 

subject EFP application that was 

submitted by the Cornell Cooperative 

Extension of Suffolk County Marine 

Program (CCE) warrants further 

consideration and should be issued for 

public comment. The EFP would 

exempt participating vessels from 

summer flounder size restrictions and 

summer flounder mesh-size restrictions. 

The Assistant Regional Administrator 

has also made a preliminary 

determination that the activities 

authorized under the EFP would be 


srobinson on DSKHWCL6B1PROD with NOTICES
48720 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

consistent with the goals and objectives 

of the Summer Flounder, Scup, and 

Black Sea Bass Fishery Management 

Plan (FMP). However, further review 

and consultation may be necessary 

before a final determination is made. 

DATES: Comments must be received on 

or before October 9, 2009. 

ADDRESSES: Comments may be 

submitted by e-mail. The mailbox 

address for providing e-mail comments 

is nero.efp@noaa.gov. Include in the 

subject line of the e-mail comment the 

following document identifier: 

‘‘Comments on CCE Offshore Fluke 

Discard EFP.’’ Written comments should 

be sent to Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

CCE Offshore Fluke Discard EFP.’’ 

Comments may also be sent via 

facsimile (fax) to (978) 281–9135. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Bland, Fishery Management 

Specialist, (978) 281–9257. 

SUPPLEMENTARY INFORMATION: A 

complete application for an EFP was 

submitted by CCE on August 31, 2009, 

for a study that would evaluate summer 

flounder discard mortality in the 

offshore winter trawl fishery off Long 

Island, NY. The EFP would be issued to 

an initial list of seven vessels. 

Research trips would be conducted as 

normal fishing operations, modified 

only by standardized tow times and 

deck cull times, in the offshore winter 

trawl fishery off Long Island, NY. 

Research trips would occur south and 

east of Long Island, NY, between Veatch 

Canyon and Hudson Canyon, in 

statistical areas 616, 526, 537, 613, and 

611. One to two trips would be made 

each month, beginning in October 2009, 

and continuing through April 2010, for 

a total of eight trips. Four trips would 

occur during normal fishing operations 

targeting Loligo squid using small-mesh 

gear, and four trips would target 

summer flounder using large-mesh gear. 

Trips are expected to take 2 days due to 

steaming time to and from winter 

fishing grounds; however, poor weather 

conditions may lengthen trip times. 

For each trip, vessels would conduct 

three tows of 1, 2, and 3–hr durations. 

For each tow, two culls would be 

performed; an immediate cull and a 

delayed 30–min cull. Ten legal-sized 

summer flounder and 10 sub-legal sized 

summer flounder would be randomly 

collected from each cull, for a total of 

20 fish per tow. If there are not 10 sublegal sized summer flounder available, 

additional legal-sized summer flounder 

would be kept to maintain the random 

sampling at 20 fish per tow. Summer 

flounder would be randomly selected 

using sub-sampling and random 

sampling guidelines established by the 

NMFS At-Sea Observer Program. In 

addition to the random sample, 10 

jumbo market category summer flounder 

(greater than 4 lb (1.81 kg) or 55 cm) 

would be collected per tow. 

Summer flounder collected would be 

measured, weighed, and their physical 

condition noted. Fish would be tagged 

at the dorsal area of the eyed-side 

anterior of the caudal peduncle with a 

Floy-FD–94 Super Heavy Duty T-Bar 

Anchor Tag and transferred to an onboard holding tank. During the time it 

takes to clear the deck of catch, summer 

flounder would be sorted into live and 

dead components on set time intervals, 

in addition to immediate and delayed 

cull times. Information on tow duration, 

location, boat and gear specifics, fishing 

speed, total volume of the catch and 

discards, depth and surface water 

temperatures, and on-deck air 

temperature would be recorded. The 

applicant anticipates that catch species 

would include a mix of summer 

flounder, scup, black sea bass, 

butterfish, whiting, and Loligo squid. 

Collected fish would be transported 

from the on-board holding tanks to the 

Multi Aquaculture Systems, Inc., 

facility. Fish would be monitored for a 

14–day period. Any fish still alive after 

the monitoring period would be 

examined and ranked according to a 

health index, and blood would be 

drawn for cortisol analysis. These fish 

would then be released into Gardiners 

Bay from the holding facility. The 

applicant anticipates that, although fish 

would be released inshore during winter 

or early spring, some of these fish would 

survive. Scales and otoliths would be 

taken from those fish not surviving the 

monitoring period. Up to 180 fish would 

be landed for the extended mortality 

monitoring period, and the applicant 

anticipates the mortality rate would be 

between 75 and 90 percent. 

The applicant has requested an 

exemption from the summer flounder 

size restrictions at § 648.103 to allow 

sub-legal sized fish to be retained for 

data collection purposes. The applicant 

has also requested an exemption from 

the summer flounder mesh size 

restrictions at § 648.104(a)(1) to allow 

vessels targeting squid in the smallmesh fishery to retain more than the 

incidental limit of summer flounder. In 

addition, the applicant requested an 

exemption from the summer flounder 

fishery closure restrictions at 

§ 648.101(a) and (b) to allow summer 

flounder to be landed during a closure 

and transported to the Multi 

Aquaculture Systems facility for 

mortality observations. However, the 

regulations at § 648.12(a)(2) prevent 

NMFS from issuing an EFP that would 

cause a quota to be exceeded; therefore, 

unless research set-aside quota is made 

available to this project, no exemption 

from fishery closure restrictions would 

be granted. 

The applicants may request minor 

modifications and extensions to the EFP 

throughout the course of research. EFP 

modifications and extensions may be 

granted without further public notice if 

they are deemed essential to facilitate 

completion of the proposed research 

and result in only a minimal change in 

the scope or impacts of the initially 

approved EFP request. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 21, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–23064 Filed 9–23–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR76 

Marine Mammals; File No. 605–1904 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

amendment. 

SUMMARY: Notice is hereby given that 

the Whale Center of New England 

(WCNE), [Mason Weinrich, Principal 

Investigator], P.O. Box 159, Gloucester, 

MA 01930, has been issued an 

amendment to scientific research Permit 

No. 605–1904. 

ADDRESSES: The amendment and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

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; 

Northeast Region, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930; 

phone (978)281–9300; fax (978)281– 

9333; and 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, Florida 

33701; phone (727)824–5312; fax 

(727)824–5309. 


srobinson on DSKHWCL6B1PROD with NOTICES