Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices 1439

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-than-fair-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; and

(4) If neither the exporter nor the

manufacturer is a firm covered in this or

any previous review conducted by the

Department, the cash deposit rate will

be 19.84 percent. See Amended Final

Determination and Antidumping Duty

Order; Certain Welded Stainless Steel

Pipe From Taiwan, 57 FR 62300

(December 30, 1992).

All U.S. sales by the respondent Ta

Chen will be subject to one deposit rate

according to the proceeding. The cash

deposit rate has been determined on the

basis of the selling price to the first

unrelated customer in the United States.

For appraisement purposes, where

information is available, we will use the

entered value of the subject

merchandise to determine the

appraisement rate.

This notice serves as preliminary

reminder to importers of their

responsibility to file a certificate

regarding the reimbursement of

antidumping duties prior to liquidation

of the relevant entries during this

review period. Failure to comply with

this requirement could result in the

Secretary’s presumption that

reimbursement of the antidumping

duties occurred and the subsequent

assessment of double antidumping

duties. This administrative review and

this notice are in accordance with

section 751(a)(1) of the Tariff Act (19

U.S.C. 1675(a)(1)) and 19 CFR 353.22.

Dated: December 30, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–633 Filed 1–9–97; 8:45 am]

BILLING CODE 3510–DS–P

North American Free-Trade Agreement

(NAFTA), Article 1904 Binational Panel

Reviews; Decision of Binational Panel

AGENCY: NAFTA Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of decision of Binational

Panel.

SUMMARY: On December 16, 1996, the

Binational Panel issued its decision in

the matter of Fresh Cut Flowers from

Mexico, Secretariat File No. USA–95–

1904–05.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, D.C. 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 was conducted in accordance

with these Rules.

Background Information

On October 26, 1995, Rancho El

Aguaje, Rancho El Toro and Rancho

Guacatay filed a First Request for Panel

Review with the U.S. Section of the

NAFTA Secretariat pursuant to Article

1904 of the North American Free Trade

Agreement. Panel review was requested

of the Final Results of Antidumping

Duty Administrative Review made by

the International Trade Administration

respecting Fresh Cut Flowers from

Mexico. This determination was

published in the Federal Register on

September 26, 1995 (60 FR 49569). The

request was assigned File No. USA–95–

1904–05.

Panel Decision

The Panel decided that the

Department properly determined that

the Complainants provided misleading

and evasive statements concerning their

respective tax statuses and that the

Department properly invoked BIA given

the substantial evidence on the record

in this action. However, the first-tier

BIA rate imposed by the Department

was not justified by substantial evidence

on the record and was not otherwise in

accordance with law. Based upon the

substantial evidence on the record, the

Panel remanded the action with

instructions to assign a second-tier rate

of 18.20 percent, which is taken from

the Department’s original investigation

and takes into account the substantial

cooperation provided by the Ranches.

The Panel ordered the Department to

issue a determination on remand

consistent with the instructions and

findings set forth in the Panel’s

decision. The determination on remand

shall be issued within forty-five (45)

days of the date of the Order (not later

than January 30, 1997).

Dated: December 18, 1996.

James R. Holbein,

U.S. Secretary, NAFTA Secretariat.

[FR Doc. 97–509 Filed 1–9–97; 8:45 am]

BILLING CODE 3510–GT–M

National Oceanic and Atmospheric

Administration

Federal Approval of the Texas Coastal

Management Program

AGENCY: National Oceanic and

Atmospheric Administration, National

Ocean Service.

ACTION: Notice of the National Oceanic

and Atmospheric Administration,

National Ocean Services’s approval of

the Texas Coastal Management Program

pursuant to the Coastal Zone

Management Act of 1972, as amended

16 U.S.C. 1451 et seq.

SUMMARY: Notice is hereby given that

the National Oceanic and Atmospheric

Administration (NOAA) approved the

Texas Coastal Management Program

(TCMP) on December 23, 1996, pursuant

to the provisions of section 306 of the

Federal Coastal Zone Management Act

of 1972, as amended, 16 U.S.C. 1455

(CZMA). The TCMP is described in the

Texas Coastal Management Program and

Final Environmental Impact Statement

(P/FEIS) published in August 1996.

Texas is the 30th state to receive

federal approval of its coastal

management program and the first state

program to be approved by NOAA in ten

years. Texas submitted a proposed

coastal program to NOAA in October

1995. Upon reaching a preliminary

decision that the program met the

requirements of the CZMA, and in order

to meet its responsibilities under the

National Environmental Policy Act,

NOAA published the Texas Coastal

Management Program and Draft

Environmental Impact Statement (P/

DEIS) for public review on June 23,

1996. NOAA published the P/FEIS

including public comments on the P/

DEIS and responses to those comments

on August 23, 1996. NOAA has also

fulfilled its responsibilities under the

Endangered Species Act through
1440 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices

consultations with the U.S. Fish and

Wildlife Service and National Marine

Fisheries Service.

The TCMP is the culmination of

several years of development by the

State of Texas, interest groups, the

general public, federal agencies, and in

consultation with NOAA. The TCMP

consists of numerous state policies on

diverse coastal management issues

which are prescribed by statute and

other legal mechanisms and made

enforceable under state law. The TCMP

will improve the decision making

process for determining appropriate

coastal land and water uses in light of

resource consideration and increase

public awareness of coastal resources

and processes. The TCMP will increase

long term protection of the state’s

coastal resources, while providing for

sustainable economic development.

NOAA approval of the TCMP makes

the state eligible for federal financial

assistance for program administration

and enhancement under sections 306,

306A, 308 and 309 of the CZMA (16

U.S.C. §§ 1455, 1455a, 1456a, and

1456b). Texas has submitted an

application for $800,000 in FY 1996

Federal CZMA funds which are

available to Texas. These funds will

generally be used to assist the state

administer the various state and local

authorities included in the TCMP as

well as be used to fund local

management efforts to increase public

access, restore damaged resources and

manage coastal erosion.

NOAA approval of the TCMP also

makes operational, as of the date of this

Federal Register notice, the CZMA

federal consistency requirement with

respect to the TCMP (16 U.S.C. 1456; 15

CFR part 930). Therefore, as of today,

direct federal activities occurring within

or outside the Texas Coastal Zone that

are reasonably likely to affect any land

or water use or natural resources of the

Texas Coastal Zone must be consistent

to the maximum extent practicable with

the enforceable policies of the TCMP. In

addition, activities within or outside the

Texas Coastal Zone requiring a federal

license or permit listed in the P/FEIS,

and federal financial assistance to state

agencies and local governments that are

reasonably likely to affect any land or

water use or natural resource of the

Texas Coastal Zone must be consistent

with the enforceable policies of the

TCMP.

Chapter 4 and Appendix C1 of the P/

FEIS identify the enforceable policies of

the Texas program. Chapter 5 and

Appendix C4 of the P/FEIS identify

federally licensed or permitted activities

subject to the federal consistency

requirements. Chapter 5 and Appendix

C4 of the P/FEIS, as well as the CZMA

regulations at 15 CFR part 930, provide

specific procedures to be used in the

Federal/State coordination process.

For further information please contact

Bill O’Beirne at (301) 713–3109, ext.

160; or via fax at (301) 713–4367; or via

the Internet at

<bobeirne@coasts.nos.noaa.gov>.

(Federal Domestic Assistance Catalog 11.419

Coastal Zone Management Program

Administration)

David L. Evans,

Deputy Assistant Administrator for Ocean

Service and Coastal Zone Management.

[FR Doc. 97–457 Filed 1–9–97; 8:45 am]

BILLING CODE 3510–08–M

[I.D. 123096A]

Marine Mammals; Permit No. 738

(P77#51)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of amendment.

SUMMARY: Notice is hereby given that

permit no. 738, issued to The Southeast

Fisheries Science Center, National

Marine Fisheries Service, 75 Virginia

Beach Drive, Miami, Florida 33149, was

amended to extend the expiration date

until June 30, 1997.

ADDRESSES: The amendment and related

documents are available for review

upon written request or by appointment

in the following offices:

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13130 Silver Spring,

MD 20910 (301/713–2289); and

Regional Administrator, Southeast

Region, NMFS, 9721 Executive Center

Drive North, St. Petersburg, FL 33702–

2432.

SUPPLEMENTARY INFORMATION: The

subject amendment has been issued

under the authority of the Marine

Mammal Protection Act of 1972, as

amended (16 U.S.C. 1361 et seq.), the

provisions of § 216.39 of the Regulations

Governing the Taking and Importing of

Marine Mammals (50 CFR part 216), the

Endangered Species Act of 1973, as

amended (ESA; 16 U.S.C. 1531 et seq.),

and the provisions of § 222.25 of the

regulations governing the taking,

importing, and exporting of endangered

fish and wildlife (50 CFR part 222).

Issuance of this permit as required by

the ESA was based on a finding that

such permit: (1) Was applied for in good

faith; (2) will not operate to the

disadvantage of the endangered species

which is the subject of this permit; and

(3) is consistent with the purposes and

policies set forth in section 2 of the

ESA.

Dated: December 26, 1996.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 97–589 Filed 1–9–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF DEFENSE

Office of the Secretary of Defense

Department of Defense Wage

Committee; Notice of Closed Meetings

Pursuant to the provisions of section

10 of Public Law 92–463, the Federal

Advisory Committee Act, notice is

hereby given that closed meetings of the

Department of Defense Wage Committee

will be held on February 4, 1997;

February 11, 1997; February 18, 1997;

and February 25, 1997; at 10:00 a.m. in

Room A105, The Nash Building, 1400

Key Boulevard, Rosslyn, Virginia.

Under the provisions of section 10(d)

of Public Law 92–463, the Department

of Defense has determined that the

meetings meet the criteria to close

meetings to the public because the

matters to be considered are related to

internal rules and practices of the

Department of Defense and the detailed

wage data to be considered were

obtained from officials of private

establishments with a guarantee that the

date will be held in confidence.

However, members of the public who

may wish to do so are invited to submit

material in writing to the chairman

concerning matters believed to be

deserving of the Committee’s attention.

Additional information concerning

the meetings may be obtained by writing

to the Chairman, Department of Defense

Wage Committee, 4000 Defense

Pentagon, Washington, DC 20301–4000.

Dated: January 6, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–533 Filed 1–9–97; 8:45 am]

BILLING CODE 5000–04–M

Department of the Air Force

Active Duty Service Determination for

Civilian or Contractual Groups

On December 24, 1996, the Secretary

of the Air Force determined that the

service of the group known as ‘‘All U.S.

Civilians of the American Field Service,

who served Overseas Operationally