20360 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

The cash deposit requirement, when 

imposed, shall remain in effect until 

further notice. 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in the Department’s 

presumption that reimbursement of 

antidumping duties has occurred and 

the subsequent assessment of doubled 

antidumping duties. 

Administrative Protective Order 

In accordance with 19 CFR 

351.305(a)(3), this notice also serves as 

a reminder to parties subject to 

administrative protective order (‘‘APO’’) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under the APO, 

which continues to govern business 

proprietary information in this segment 

of the proceeding. 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 violation 

subject to sanction. 

We are issuing and publishing this 

administrative review and notice in 

accordance with sections 751(a)(1) and 

777(i) of the Act. 

Dated: March 29, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–8110 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before April 24, 

2012. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 12–008. Applicant: 

Stevens Institute of Technology, Castle 

Point on Hudson, Hoboken, NJ 07030. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used to study the interfacial 

wetting phenomena and develop robust 

superhydrophobic surfaces for anticorrosion and anti-icing surfaces. The 

experiments will involve the 

examination of evaporation, 

condensation, and icing of water 

droplets on nanostructured surfaces. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 8, 

2012. 

Docket Number: 12–009. Applicant: 

Humboldt State University Sponsored 

Programs Foundation, 1 Harpst St., 

Arcata, CA 95521. Instrument: Electron 

Microscope. Manufacturer: FEI 

Company, Czech Republic. Intended 

Use: The instrument will be used in 

research activities including olfactory 

epithelium of amphibians, plant 

gravitropism, analyses of high 

temperature and high pressure 

mineralogy and petrology experiments, 

analyses of the microstructures and rock 

textures formed in active fault zones, 

and the weathering properties of 

minerals and formation of soils. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 5, 

2012. 

Docket Number: 12–010. Applicant: 

Howard Hughes Medical Institute, 4000 

Jones Bridge Rd., Chevy Chase, MD 

20815. Instrument: Electron Microscope. 

Manufacturer: FEI Company, The 

Netherlands. Intended Use: The 

instrument will be used for medical 

research; the proteins to be studied are 

often malfunctioning in diseases such as 

diabetes, cancer and heath disease, and 

understanding how the proteins are 

built can help in understanding what 

goes wrong and help to design 

pharmaceuticals to correct the problem. 

The instrument will also be used to 

teach students in the use of electron 

microscopy for protein structure 

determination. Justification for DutyFree Entry: There are no instruments of 

the same general category manufactured 

in the United States. Application 

accepted by Commissioner of Customs: 

March 19, 2012. 

Docket Number: 12–012. Applicant: 

Alliance for Sustainable Energy, 1617 

Cole Blvd. Golden, CO 80401–3305. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used in part as rapid feedback 

for synthesis of inorganic solution 

fabricated nanocrystals. By allowing a 

user to image their sample immediately 

following synthesis, the tool will allow 

development of new material with 

better monodispersity, size and shape 

control. The main experiments to be 

conducted are imaging at low and high 

resolution, with additional capabilities 

such as material identification using 

EDAX and electron diffraction. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 19, 

2012. 

Docket Number: 12–014. Applicant: 

California Institute of Technology, 1200 

E. California Blvd. Pasadena, CA 91125. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used to study semiconductors 

and heterogeneous catalysts in order to 

accelerate the rate of discovery of Earthabundant, robust materials that can 

capture and convert the energy of 

sunlight into chemical fuels. The 

objective is to quantitatively 

characterize material morphology, 

conductivity and composition, which 

will aid in analyzing results from 

performance testing via 

electrochemistry and other techniques. 

The instrument will enable higherprecision nano-micro scale images of 

the materials, and it will also allow 

elemental analysis and current 

mapping. Justification for Duty-Free 

Entry: There are no instruments of the 

same general category manufactured in 

the United States. Application accepted 

by Commissioner of Customs: March 19, 

2012. 

Docket Number: 12–015. Applicant: 

University of Nebraska-Lincoln, 1700 Y 

St., Lincoln, NE 68588. Manufacturer: 

FEI Company, Czech Republic. Intended 

Use: The instrument will be used for 

detailed characterization of surface and 

near-surface topography, dimensions, 

and elemental composition of chiral 

nanostructured hybrid materials, novel 

low work function and semiconducting 

materials, nanoscale hard magnet 

materials, as well as many other metals, 

ceramics, and composite materials. The 

properties to be studied are magnetic, 

electronic, mechanical, optical, and 

other properties that are enhanced or 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20361 

attained because the materials are 

nanoscale or novel in structure. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 21, 

2012. 

Docket Number: 12–016. Applicant: 

University of Nebraska-Lincoln, 1700 Y 

St., Lincoln, NE 68588–0645. 

Manufacturer: FEI Company, the 

Netherlands. Intended Use: The 

instrument will be used for detailed 

characterization of surface and nearsurface topography, dimensions, and 

elemental composition of chiral 

nanostructured hybrid materials, novel 

low work function and semiconducting 

materials, nanoscale hard magnet 

materials, as well as many other metals, 

ceramics, and composite materials. The 

properties to be studied are magnetic, 

electronic, mechanical, optical, and 

other properties that are enhanced or 

attained because the materials are 

nanoscale or novel in structure. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 21, 

2012. 

Dated: March 28, 2012. 

Gregory Campbell, 

Director, IA Subsidies Enforcement Office. 

[FR Doc. 2012–8117 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA865 

Takes of Marine Mammals Incidental to 

Specified Activities; Pier 36/Brannan 

Street Wharf Project in the San 

Francisco Bay, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) implementing regulations, 

notification is hereby given that NMFS 

has issued an Incidental Harassment 

Authorization (IHA) to the Port of San 

Francisco (Port), allowing the take of 

small numbers of marine mammals, by 

Level B harassment only, incidental to 

pile driving during construction of the 

Brannan Street Wharf. 

DATES: Effective May 1, 2012, through 

April 30, 2013. 

ADDRESSES: A copy of the IHA, the 

application, and the Environmental 

Assessment are available by writing to 

Tammy C. Adams, Acting Chief, Permits 

and Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910 or by 

telephoning the contact listed here (see 

FOR FURTHER INFORMATION CONTACT), or 

visiting the Internet at: http://

www.nmfs.noaa.gov/pr/permits/

incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Magliocca, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by United States 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specific geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is published in 

the Federal Register and provided to the 

public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ as ‘‘* * * 

an impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) further established 

a 45-day time limit for NMFS’ review of 

an application, followed by a 30-day 

public notice and comment period on 

any proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny the authorization. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: Any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild [Level A harassment]; or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering [Level B 

harassment]. 

Summary of Request 

On May 6, 2011, NMFS received an 

application from the USACE, on behalf 

of the Port, requesting an IHA for the 

take, by Level B harassment, of small 

numbers of Pacific harbor seals (Phoca 

vitulina), California sea lions (Zalophus 

californianus), gray whales 

(Eschrichtius robustus), and Pacific 

harbor porpoises (Phocoena phocoena) 

incidental to pile driving activities 

during construction of the Brannan 

Street Wharf in San Francisco, 

California. In accordance with the 

MMPA and implementing regulations, 

NMFS issued a notice in the Federal 

Register on October 26, 2011 (76 FR 

66274), requesting comments from the 

public on the proposed IHA. 

Description of the Specified Activity 

A complete description of the 

specified activity may be found in 

NMFS’ proposed IHA notice in the 

Federal Register (76 FR 66274, October 

26, 2011) and a summary is provided 

here. The project will involve 

construction of a pile-supported park 

that will be known as the ‘‘Brannan 

Street Wharf’’ and will replace the 

existing Pier 36 and provide recreational 

space for the public. The project will 

require installation of 261 steel and 

concrete piles and 57,000 square feet 

(ft2) of new decking. Installation of the 

261 steel and concrete piles will require 

in-water pile driving that could produce 

high-intensity sound and has the 

potential to harass marine mammals. A 

breakdown of pile size and type is 

shown in Table 1. 


emcdonald on DSK29S0YB1PROD with NOTICES