Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11529 

notialis), southern rough shrimp 

(Trachypenaeus curvirostris), southern 

white shrimp (Penaeus schmitti), blue 

shrimp (Penaeus stylirostris), western 

white shrimp (Penaeus occidentalis), 

and Indian white prawn (Penaeus 

indicus). 

Frozen shrimp and prawns that are 

packed with marinade, spices or sauce 

are included in the scope of the order. 

In addition, food preparations, which 

are not ‘‘prepared meals,’’ that contain 

more than 20 percent by weight of 

shrimp or prawn are also included in 

the scope of the order. 

Excluded from the scope are: (1) 

Breaded shrimp and prawns (HTS 

subheading 1605.20.10.20); (2) shrimp 

and prawns generally classified in the 

Pandalidae family and commonly 

referred to as coldwater shrimp, in any 

state of processing; (3) fresh shrimp and 

prawns whether shell-on or peeled (HTS 

subheadings 0306.23.00.20 and 

0306.23.00.40); (4) shrimp and prawns 

in prepared meals (HTS subheading 

1605.20.05.10); (5) dried shrimp and 

prawns; (6) canned warmwater shrimp 

and prawns (HTS subheading 

1605.20.10.40); (7) certain dusted 

shrimp; and (8) certain battered shrimp. 

Dusted shrimp is a shrimp-based 

product: (1) That is produced from fresh 

(or thawed-from-frozen) and peeled 

shrimp; (2) to which a ‘‘dusting’’ layer 

of rice or wheat flour of at least 95 

percent purity has been applied; (3) 

with the entire surface of the shrimp 

flesh thoroughly and evenly coated with 

the flour; (4) with the non-shrimp 

content of the end product constituting 

between four and 10 percent of the 

product’s total weight after being 

dusted, but prior to being frozen; and (5) 

that is subjected to IQF freezing 

immediately after application of the 

dusting layer. Battered shrimp is a 

shrimp-based product that, when dusted 

in accordance with the definition of 

dusting above, is coated with a wet 

viscous layer containing egg and/or 

milk, and par-fried. 

The products covered by the order are 

currently classified under the following 

HTSUS subheadings: 0306.13.00.03, 

0306.13.00.06, 0306.13.00.09, 

0306.13.00.12, 0306.13.00.15, 

0306.13.00.18, 0306.13.00.21, 

0306.13.00.24, 0306.13.00.27, 

0306.13.00.40, 1605.20.10.10, and 

1605.20.10.30. These HTSUS 

subheadings are provided for 

convenience and for customs purposes 

only and are not dispositive, but rather 

the written description of the scope of 

the order is dispositive. 

Initiation of Changed Circumstances 

Reviews 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (‘‘Act’’), 

the Department will conduct a changed 

circumstances review upon receipt of 

information concerning, or a request 

from an interested party for a review of, 

an antidumping duty order which 

shows changed circumstances sufficient 

to warrant a review of the order. The 

Department has determined that the 

information submitted by the CCR 

Companies demonstrates changed 

circumstances sufficient to warrant a 

review. See 19 CFR 351.216(d). 

Additionally, section 751(b)(4) of the 

Act states that the Department shall not 

conduct a review less than 24 months 

after the date of publication of the lessthan-fair-value determination, in the 

absence of good cause. As noted above, 

all the CCR Companies filed their 

requests for changed circumstances 

reviews more than 24 months after the 

publication of the Order. 

In accordance with the abovereferenced regulations, the Department 

is initiating changed circumstances 

reviews to determine whether the CCR 

Companies are the successors-in-interest 

to the Original Companies. In 

determining whether one company is 

the successor to another for purposes of 

applying the antidumping duty law, the 

Department examines a number of 

factors including, but not limited to, 

changes in: (1) Management; (2) 

production facilities; (3) supplier 

relationships; and (4) customer base. 

See, e.g., Certain Cut-to-Length Carbon 

Steel Plate from Romania: Initiation and 

Preliminary Results of Changed 

Circumstances Antidumping Duty 

Administrative Review, 70 FR 22847 

(May 3, 2005). While no one or several 

of these factors will necessarily provide 

a dispositive indication of succession, 

the Department will generally consider 

one company to be a successor to 

another company if its resulting 

operation is similar to that of its 

predecessor. See Notice of Initiation of 

Antidumping Duty Changed 

Circumstances Review: Certain Forged 

Stainless Steel Flanges from India, 71 

FR 327 (January 4, 2006). Thus, if the 

evidence demonstrates that, with 

respect to the production and sale of the 

subject merchandise, the new company 

operates as the same business entity as 

the prior company, the Department will 

assign the new company the cash 

deposit rate of its predecessor. 

Due to the complexity and breadth of 

analysis required for five separate 

changed circumstance reviews, it is not 

practical to conduct expedited changed 

circumstance reviews. Therefore, we 

have not issued the preliminary results 

of these changed circumstance reviews 

at this time. The Department will 

publish in the Federal Register a notice 

of preliminary results of the 

antidumping duty changed 

circumstances reviews, in accordance 

with 19 CFR 351.221(b)(4) and 19 CFR 

351.221(c)(3)(i). This notice will set 

forth the factual and legal conclusions 

upon which our preliminary results are 

based and a description of any action 

proposed based on those results. 

Pursuant to 19 CFR 351.221(b)(4)(ii), 

interested parties will have an 

opportunity to comment on the 

preliminary results of the reviews. In 

accordance with 19 CFR 351.216(e), the 

Department will issue the final results 

of its antidumping duty changed 

circumstances reviews not later than 

270 days after the date on which the 

reviews are initiated, or within 45 days 

if all parties to the proceeding agree to 

the outcome of the preliminary findings, 

and will publish these results in the 

Federal Register. 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Act and 19 CFR 351.216 

and 351.221(c)(3). 

Dated: March 12, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–5875 Filed 3–17–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XO16 

Western Pacific Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings 

SUMMARY: The Western Pacific Fishery 

Management Council (Council) will 

hold meetings of its Pelagics Plan Team 

(PPT), in Honolulu, HI, to discuss 

fishery issues and develop 

recommendations for future 

management. 

DATES: The meeting of the PPT will be 

held on April 29–May 1, 2009, from 

8:30 a.m. to 5 p.m. each day. 

ADDRESSES: The meeting will be held at 

the Council Office Conference Room, 


tjames on PRODPC61 with NOTICES
11530 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

Western Pacific Fishery Management 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813; telephone: (808) 

522–8220. 

FOR FURTHER INFORMATION CONTACT: 

Kitty M. Simonds, Executive Director; 

telephone: (808) 522–8220. 

SUPPLEMENTARY INFORMATION: The PPT 

will meet between April 29 and May 1, 

2009 at the Council Conference Room to 

discuss the following agenda items: 

Wednesday, April 29, 2009, 8.30 a.m. 

1. Introduction 

2. Annual Report review 

a. Review 2008 Annual Report 

modules and recommendations 

i. CNMI 

ii. American Samoa 

iii. Guam 

iv. Hawaii 

v. International 

vi. Recreational 

b. 2008 Annual Report region wide 

recommendations 

Thursday & Friday, April 30–May 1, 

2009, 8.30 a.m. 

3. Summary of current Fishery 

Management Plan amendment actions 

4. Hawaii Swordfish Fishery Effort 

5. Bigeye tuna quota 

6. Conservation and Management 

Measures from Western and Central 

Pacific Fishery Commission 

7. Analysis of mahimahi and ono 

catch data 

8. Marine Mammal Advisory 

Committee Recommendations 

9. Offshore handline fishery limited 

entry program 

10. Recreational fisheries 

developments (Marine Recreational 

Fisheries Improvement Program) 

11. Other business 

12. Public comments 

13. Pelagic Plan Team 

Recommendations 

The order in which the agenda items 

are addressed may change. The PPT will 

meet as late as necessary to complete 

scheduled business. 

Although non-emergency issues not 

contained in this agenda may come 

before the PPT for discussion, those 

issues may not be the subject of formal 

action during these meetings. Plan Team 

action will be restricted to those issues 

specifically listed in this document and 

any issue arising after publication of 

this document that requires emergency 

action under section 305(c) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the Council(s intent to take final action 

to address the emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Kitty M. Simonds, 

(808) 522–8220 (voice) or (808) 522– 

8226 (fax), at least 5 days prior to the 

meeting date. 

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

Dated: March 13, 2009. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–5797 Filed 3–17–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO08 

Taking and Importing Marine 

Mammals; Navy Training and 

Research, Development, Testing, and 

Evaluation Activities Conducted within 

the Mariana Islands Range Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

letter of authorization; request for 

comments and information. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for 

authorization to take marine mammals 

incidental to military readiness training 

activities and research, development, 

testing and evaluation (RDT&E) to be 

conducted in the Mariana Islands Range 

Complex (MIRC) for the period 

beginning December 2009 and ending 

December 2014. Pursuant to the 

implementing regulations of the Marine 

Mammal Protection Act (MMPA), NMFS 

is announcing our receipt of the Navy’s 

request for the development and 

implementation of regulations 

governing the incidental taking of 

marine mammals and inviting 

information, suggestions, and comments 

on the Navy’s application and request. 

DATES: Comments and information must 

be received no later than April 17, 2009. 

ADDRESSES: Comments on the 

application should be addressed to 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

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

20910–3225. The mailbox address for 

providing email comments is PR1.0648– 

XO08@noaa.gov. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10–megabyte file size. 

FOR FURTHER INFORMATION CONTACT: Jolie 

Harrison, Office of Protected Resources, 

NMFS, (301) 713–2289, ext. 166. 

SUPPLEMENTARY INFORMATION: 

Availability 

A copy of the Navy’s application may 

be obtained by writing to the address 

specified above (See ADDRESSES), 

telephoning the contact listed above (see 

FOR FURTHER INFORMATION CONTACT), or 

visiting the internet at: http:// 

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

incidental.htm. The Navy’s Draft 

Environmental Impact Statement (DEIS) 

for MIRC was made available to the 

public on January 30, 2009, and may be 

viewed at http:// 

www.marianasrangecomplexeis.com/. 

During the initial 45–day public 

comment period, the Navy hosted four 

public hearings. 

Background 

In the case of military readiness 

activities, sections 101(a)(5)(A) and (D) 

of the MMPA (16 U.S.C. 1361 et seq.) 

direct the Secretary of Commerce 

(Secretary) to allow, upon request, the 

incidental, but not intentional taking of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, 

notice of a proposed authorization is 

provided to the public for review. 

Authorization for incidental takings 

may be granted if NMFS finds that the 

taking will have no more than 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, 

and that the permissible methods of 

taking and requirements pertaining to 

the mitigation, monitoring and reporting 

of such taking are set forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 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. 

With respect to military readiness 

activities, the MMPA defines 

‘‘harassment’’ as: 

(i) any act that injures or has the significant 

potential to injure a marine mammal or 

marine mammal stock in the wild [Level A 


tjames on PRODPC61 with NOTICES