69286 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

Duty Determination: Certain

Expandable Polystyrene Resins from

Indonesia, 65 FR 47713 (August 3,

2000).

Scope of Investigation

The scope of this investigation

includes certain expandable polystyrene

resins in primary forms; namely, raw

material or resin manufactured in the

form of polystyrene beads, whether of

regular (shape) type or modified (block)

type, regardless of specification, having

a weighted-average molecular weight of

between 160,000 and 260,000,

containing from 3 to 7 percent blowing

agents, and having bead sizes ranging

from 0.4 mm to 3 mm.

Specifically excluded from the scope

of this investigation are off-grade, offspecification expandable polystyrene

resins.

The covered merchandise is found in

the Harmonized Tariff Schedule of the

United States (HTSUS) subheading

3903.11.00.00. Although this HTSUS

subheading is provided for convenience

and customs purposes, the written

description of the merchandise is

dispositive.

Period of Investigation

The period of investigation is October

1, 1998, through September 30, 1999.

Facts Available

In the preliminary determination, the

Department based the dumping margin

for the mandatory respondent, PT Risjad

Brasali Styrindo (Brasali), on facts

otherwise available, pursuant to section

776(a)(2)(A) of the Act. The use of facts

otherwise available was required

because the record did not contain

company-specific information, given the

respondent’s failure to respond to the

Department’s antidumping

questionnaire. For purposes of the

preliminary determination, the

Department also found that Brasali

failed to cooperate by not acting to the

best of its ability to comply with the

Department’s request for information,

pursuant to section 776(b), and

determined to use an adverse inference

in selecting from among the facts

otherwise available. Specifically, the

Department assigned to the mandatory

respondent the highest margin alleged

in the petition, which was corroborated

as required by section 776(c) of the Act.

See Preliminary Determination.

Following the preliminary

determination, interested parties did not

file any comment and have not objected

to the Department’s decision to use

adverse facts available for the

mandatory respondent in this

investigation, or to the Department’s

choice of facts available. Accordingly,

for the reasons discussed in the

Preliminary Determination, for this final

determination the Department is

continuing to use the highest margin

alleged by the petitioners for the

mandatory respondent in this

proceeding. In addition, the Department

has left unchanged from the preliminary

determination the ‘‘All Others Rate’’ in

this investigation, which is the average

of all the rates provided in the petition.

Continuation of Suspension of

Liquidation

In accordance with section

735(c)(1)(B) of the Act, we are directing

the Customs Service to continue to

suspend all entries of expandable

polystyrene resins from Indonesia, that

are entered, or withdrawn from

warehouse, for consumption on or after

June 26, 2000, the date of publication of

our preliminary determination. The

Customs Service shall require a cash

deposit or bond equal to the dumping

margin, as indicated in the chart below.

These instructions suspending

liquidation will remain in effect until

further notice. The dumping margins are

provided below:

Manufacturer/exporter Margin

(percent)

PT Risjad Brasali Styrindo ....... 96.65

All Others .................................. 95.79

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (ITC) of

our determination. As our final

determination is affirmative, the ITC

will, within 45 days, determine whether

these imports are materially injuring, or

threaten material injury to, the U.S.

industry. If the ITC determines that

material injury or threat of material

injury does not exist, the proceeding

will be terminated and all securities

posted will be refunded or canceled. If

the ITC determines that such injury

does exist, the Department will issue an

antidumping duty order directing the

Customs Service to assess antidumping

duties on all imports of the subject

merchandise entered, or withdrawn

from warehouse, for consumption on or

after the effective date of the suspension

of liquidation.

This notice also serves as a reminder

to parties subject to administrative

protective order (APO) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 351.305. Timely

notification of return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of an APO is a

sanctionable violation.

This determination is issued and

published pursuant to sections 735(d)

and 777(i)(1) of the Act.

Dated: November 8, 2000.

Joseph A. Spetrini,

Acting Assistant Secretary, for Import

Administration.

[FR Doc. 00–29406 Filed 11–15–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

Coastal Zone Management: Federal

Consistency Appeal by Ricardo

Ramirez by an Objection by the Puerto

Rico Planning Board

ACTION: Dismissal of appeal.

By letter dated April 6, 1999, Ricardo

Ramirez (Appellant) filed with the

Secretary of Commerce a notice of

appeal pursuant to section 307(c)(3)(A)

of the Coastal Zone Management Act.

The appeal is taken from an objection by

the Puerto Rico Planning Board (PRPB)

to the Appellant’s consistency

certification for an Army Corps of

Engineers permit to reconstruct a stilt

house of 47′ by 42′.

The CZMA provides that a timely

objection by a state (including Puerto

Rico) to a consistency certification

precludes any Federal agency from

issuing licenses or permits for the

activity unless the Secretary finds that

the activity is either ‘‘consistent with

the objectives of the CZMA (Ground I)

or ‘‘necessary in the interest of national

security’’ (Ground II). Section

307(c)(3)(A). To make such a

determination, the Secretary must find

that the project satisfies the

requirements of 15 CFR 930.121 or

930.122. Generally, the Appellant has

the burden of submitting evidence in

support of his appeal and the burden of

persuasion under both Grounds I and II.

The Federal regulations implementing

the CZMA provide, in part, that the

Secretary may dismiss an appeal for

failure of the Appellant to base the

appeal on Grounds I or II.

In light of Appellant’s failure to

describe the way in which the proposed

activity is either (1) consistent with the

objectives or purposes of the CZMA or

(2) necessary in the interest of national

security, the appeal has been dismissed.

The Appellant is barred from filing

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69287

another appeal from the Puerto Rico

Planning Board’s objection to his

original consistency certification. This

is a final agency action for purposes of

judicial review.

FOR ADDITIONAL INFORMATION CONTACT:

Ms. Mary Gray Holt, Attorney-Adviser,

Office of the Assistant General Counsel

for Ocean Services, National Oceanic

and Atmospheric Administration, U.S.

Department of Commerce, 1305 EastWest Highway, Room 6111, Silver

Spring, MD 20910, 301–713–2967.

[Federal Domestic Assistance Catalog No.

11.419 Coastal Zone Management Program

Assistance]

Dated: November 2, 2000.

Craig O’Connor,

Acting General Counsel.

[FR Doc. 00–29388 Filed 11–15–00; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 091300A]

Small Takes of Marine Mammals

Incidental to Specified Activities;

Explosives Testing at Eglin Air Force

Base, FL

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of withdrawal of a

request for a small take exemption

authorization.

SUMMARY: On October 26, 2000, NMFS

was notified by the U.S. Air Force that

it was withdrawing its request for an

authorization under the Marine

Mammal Protection Act (MMPA) to take

small numbers of bottlenose and spotted

dolphins, by harassment, incidental to

explosive testing of obstacle and mine

clearance systems at Eglin Air Force

Base, FL (Eglin).

ADDRESSES: A copy of the application

and/or letter of withdrawal may be

obtained by writing to Donna Wieting,

Chief, Marine Mammal Conservation

Division, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910, or by telephoning

the contact listed here.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead 301-713-2055

ext. 128.

SUPPLEMENTARY INFORMATION: On August

6, 2000, NMFS received a small take

application, under section 101(a)(5)(D)

of the MMPA, from the U.S. Air Force

at Eglin Air Force Base, FL. The Air

Force, in cooperation with the Naval

Surface Warfare Center-Coastal Systems

Station, U.S. Navy, requested, on that

date, an authorization to take, by

harassment and non-serious injury,

bottlenose dolphins (Tursiops

truncatus), and spotted dolphins

(Stenella frontalis), incidental to

explosive testing of an obstacle

clearance system at Eglin. Eglin is

located in the Florida Panhandle

approximately midway between the

cities of Pensacola and Panama City, FL.

The location of the proposed action is

on the beach areas on Santa Rosa Island,

approximately 27 kilometers (17 mi)

west of Destin, FL.

A notice of receipt of the application

and proposed incidental harassment

authorization (IHA) under the MMPA

was published on October 20, 2000 (65

FR 63059), and a 30-day public

comment period was provided on the

application and proposed authorization.

Please refer to that document for

additional information on the Air Force

request.

On October 26, 2000, NMFS received

a letter from the Air Force at Eglin

noting that the U.S. Navy does not

support the acoustic modeling that was

performed for the Biological Assessment

under section 7 of the Endangered

Species Act or the application for an

IHA; in particular, a marine mammal

injury threshold criterion of 5 pounds/

inch2-milliseconds. The Navy believes

that the methodologies and criteria

developed by acousticians, energetic

scientists, and independent scientific

review for the SEAWOLF ship shock

trial (63 FR 66069, December 1, 1998),

as updated in the shock trial of the USS

WINSTON CHURCHILL (65 FR 11542,

March 3, 2000), are the appropriate

means to establish harassment to marine

mammals. As a result, the Air Force has

requested NMFS to withdraw the

application. The Air Force will inform

NMFS if the Navy requests to use Eglin

to conduct this or other tests in the

future.

Dated: November 6, 2000.

Phil Williams,

Acting Deputy Director, Office of protected

Resourses, National marine Fisheries Service.

[FR Doc. 00–29413 Filed 11–15–00; 8:45 am]

BILLING CODE: 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 110800D]

Fisheries of the Exclusive Economic

Zone Off Alaska; Recordkeeping and

Reporting Requirements; Public

Workshops

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of workshops.

SUMMARY: NMFS, Alaska Region, and

the U.S. Coast Guard North Pacific

Regional Fisheries Training Center will

present workshops on the 2001

recordkeeping and reporting

requirements for the Alaska groundfish

fisheries.

DATES: See SUPPLEMENTARY INFORMATION

under the heading, ‘‘Meeting Dates and

Addresses,’’ for dates the workshops

will be held.

ADDRESSES: See SUPPLEMENTARY

INFORMATION under the heading,

‘‘Meeting Dates and Addresses,’’ for

meeting addresses.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION: The

workshops will include discussion of

proposed 2001 changes to the

recordkeeping and reporting

requirements for Alaska groundfish

fisheries along with instructions for

completion and submittal of the

required forms and logsheets.

Suggestions and feedback on existing

procedures are welcome.

Meeting Dates and Addresses

1. November 17, 2000, 10 a.m. to 12

noon Pacific standard time—FISH

EXPO, Washington State Trade and

Convention Center, Room 310, Seattle,

WA.

2. December 4, 2000, 9 a.m to 11 a.m.

for vessels, 12:30 p.m. to 2:30 p.m. for

shoreside processors, Alaska local

time—Anchorage Federal Building,

Room 154, 222 West Seventh Avenue,

Anchorage, AK.

3. January 4, 2001, 9 a.m. to 11 a.m.

for vessels, 12:30 p.m. to 2:30 p.m. for

shoreside processors, Pacific standard

time—NOAA Western Regional Center,

7600 Sandpoint Way, N.E., Building 9,

Room A/B, Seattle, WA.

4. January 16, 2001, 9 a.m. to 11 a.m.

for vessels, 12:30 p.m. to 2:30 p.m. for

shoreside processors, Alaska local

time—U.S. Coast Guard Base, North

Pacific Regional Fisheries Training

Center, Kodiak, AK.