13192 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Notices 

Notification Regarding APO 

This notice 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(a)(3). Timely 

written notification of the return or 

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 sanctionable violation. 

We are issuing and publishing these 

rescissions in part in accordance with 

section 777(i)(1) of the Tariff Act of 

1930, as amended, and 19 CFR 

351.213(d)(4). 

Dated: March 19, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–6800 Filed 3–25–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

University of Colorado, et al.; Notice of 

Consolidated Decision on Applications 

for Duty–Free Entry of Electron 

Microscopes 

This is a decision consolidated 

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). 

Related records can be viewed between 

8:30 A.M. and 5:00 P.M. in Room 3705, 

U.S. Department of Commerce, 14th and 

Constitution Avenue., NW, Washington, 

D.C. 

Docket Number: 08–041. Applicant: 

University of Colorado, Denver, CO 

80217. Instrument: Vitrification Robot. 

Manufacturer: FEI Company, The 

Netherlands. Intended Use: See notice at 

74 FR 7394, February 17, 2009. 

Docket Number: 08–052. Applicant: 

University of Washington, Seattle, WA 

98105–6698. Instrument: CTD Chain III. 

Manufacturer: ADM Electronik, 

Germany. Intended Use: See notice at 74 

FR 7395, February 17, 2009. 

Docket Number: 08–056. Applicant: 

Argonne National Laboratory, Lemont, 

IL 60439. Instrument: Isobar Separator 

System. Manufacturer: Bruker Biospin 

S.A., France. Intended Use: See notice at 

74 FR 7395, February 17, 2009. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 

instrument, for such purposes as these 

instruments are intended to be used, 

was being manufactured in the United 

States at the time the instruments were 

ordered. Reasons: Each foreign 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: March 19, 2009. 

Chris Cassel, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. E9–6799 Filed 3–25–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

University of Colorado, et al.; Notice of 

Consolidated Decision on Applications 

for Duty-Free Entry of Electron 

Microscopes 

This is a decision consolidated 

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). 

Related records can be viewed between 

8:30 a.m. and 5 p.m. in Room 3705, U.S. 

Department of Commerce, 14th and 

Constitution Avenue, NW., Washington, 

DC. 

Docket Number: 08–050. Applicant: 

University of Colorado, Boulder, CO 

80309–0427. Instrument: Dual Beam FIB 

Electron Microscope. Manufacturer: FEI 

Company, Czech Republic. Intended 

Use: See notice at 74 FR 7588, February 

18, 2009. 

Docket Number: 08–051. Applicant: 

Lawrence Berkeley National Laboratory. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, The 

Netherlands. Intended Use: See notice at 

74 FR 7588, February 18, 2009. 

Docket Number: 08–062. Applicant: 

Carnegie Mellon University, Pittsburgh, 

PA 15213. Instrument: Scanning 

Electron Microscope. Manufacturer: FEI 

Company, The Netherlands. Intended 

Use: See notice at 74 FR 7588, February 

18, 2009. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 

instrument, for such purposes as these 

instruments are intended to be used, 

was being manufactured in the United 

States at the time the instruments were 

ordered. Reasons: Each foreign 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: March 19, 2009. 

Chris Cassel, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. E9–6798 Filed 3–25–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO24 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of receipt of a permit 

application; request for comments. 

SUMMARY: Notice is hereby given that 

NMFS has received an application for a 

permit (permit 14579) to conduct 

steelhead rescue activities for 

population enhancement purposes from 

the Protected Resource Division of 

NMFS office in Long Beach (PRDLB), 

California. The requested permit would 

affect the Southern California Coast 

Distinct Population Segment of 

endangered steelhead trout 

(Oncorhynchus mykiss). The public is 

hereby notified of the availability of the 

permit application for review and 

comment before NMFS either approves 

or disapproves the application. 

DATES: Written comments on the permit 

application must be received at the 

appropriate address or fax number (see 

ADDRESSES) on or before April 27, 2009. 

ADDRESSES: Written comments on the 

permit application should be sent to 

Matt McGoogan, Protected Resources 

Division, NMFS, 501 W. Ocean Blvd., 

Suite 4200, Long Beach, CA 90802. 

Comments may also be sent using email 

(FRNpermits.lb@noaa.gov) or fax (562) 

980–4027. The permit application is 

available for review, by appointment, at 

the foregoing address and is also 

available for review online at the 

Authorizations and Permits for 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Notices 13193 

Protected Species website at https:// 

apps.nmfs.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Matt 

McGoogan at phone number (562) 980– 

4026 or e-mail: 

matthew.mcgoogan@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority 

Issuance of permits, as required by the 

Endangered Species Act of 1973 (16 

U.S.C. 1531B1543) (ESA), is based on a 

finding that such permits: (1) are 

applied for in good faith; (2) would not 

operate to the disadvantage of the listed 

species which are the subject of the 

permits; and (3) are consistent with the 

purposes and policies set forth in 

section 2 of the ESA. Authority to take 

listed species is subject to conditions set 

forth in the permits. Permits are issued 

in accordance with and are subject to 

the ESA and NMFS regulations 

governing listed fish and wildlife 

permits (50 CFR parts 222–226). 

Those individuals requesting a 

hearing on an application listed in this 

notice should provide the specific 

reasons why a hearing on that 

application would be appropriate (see 

ADDRESSES). The holding of such a 

hearing is at the discretion of the 

Assistant Administrator for Fisheries, 

NOAA. All statements and opinions 

contained in the permit action 

summaries are those of the applicant 

and do not necessarily reflect the views 

of NMFS. 

Permit Application Received 

PRDLB has applied for a permit to 

conduct steelhead rescue activities for 

the Southern California Coast (SCC) 

Distinct Population Segment (DPS) of 

endangered steelhead (Oncorhynchus 

mykiss) which includes coastal streams 

from the Santa Maria River south to the 

Mexican border. The purpose of this 

permit is for the enhancement of 

survival of endangered steelhead in the 

SCC DPS. During the dry season and 

prolonged periods of below normal 

rainfall the instream areas harboring 

endangered steelhead can experience 

dewatering and desiccation. Because 

steelhead within drying sections of 

streams can perish, possessing the legal 

authority to capture and then relocate 

at-risk individuals would be valuable 

should biotic and abiotic factors suggest 

rescue of steelhead is warranted. 

Criteria have been defined in the 

application to provide an objective 

biological basis for determining whether 

a steelhead rescue is reasonable and 

necessary to enhance the population. 

These criteria include instream 

characteristics and conditions within 

the affected area, the cause for any 

observed or projected streamflow 

decreases or dewatering, the availability 

of suitable instream areas to safely 

harbor the rescued steelhead (i.e., 

relocation areas), and the abundance of 

steelhead within the affected area. The 

application specifies that the permit 

would be applicable only in the 

following situations: when a rapid 

response is crucial to steelhead survival, 

and when mortality of steelhead, if not 

rescued and relocated, is reasonably 

certain; and, when take authorization 

has not been granted, or is not expected 

or warranted, under Section 7 or Section 

10 of the ESA. The application defines 

criteria to increase the likelihood that 

the permit would not be misused. 

NMFS-specific responsibilities under 

the rescue and relocation activities 

involve: (1) serving as the permit holder, 

principal investigator, and the primary 

contact, (2) designating and 

collaborating with the California 

Department of Fish and Game (CDFG) as 

a co-investigator, (3) determining the 

need for a steelhead rescue and 

relocation, and (4) providing written 

authorization for undertaking steelhead 

rescue and relocation. NMFS would 

retain discretion as principal 

investigator under the permit for 

determining, either individually or in 

collaboration with CDFG, whether a 

steelhead rescue and relocation are 

warranted using the established rescue 

criteria. 

With regard to authorizing steelhead 

rescue and relocation, the permit would 

grant NMFS the authority to legally 

allow its own qualified biologists or 

those of the CDFG to conduct and 

oversee operations to capture and 

relocate steelhead when an imminent 

threat to the survival of individuals 

exists and when the rescue criteria are 

met. Once the determination has been 

made that a steelhead rescue is needed, 

NMFS will coordinate the rescue and 

relocation operation with its own 

biologists and (or) those of the CDFG. 

The application identifies specific 

responsibilities for CDFG related to the 

rescue and relocation activities. CDFG 

will notify the designated NMFS point 

of contact of the need to rescue and 

relocate steelhead prior to implementing 

any rescue and relocation operation. 

The notification will involve a letter 

that provides the following information: 

A description of the need to rescue 

steelhead, including an assessment of 

the applicability of the rescue criteria; 

the name of the waterway where the 

subject rescue and relocation would 

occur; a brief description of the specific 

conditions believed to be prompting the 

rescue (e.g., naturally dry conditions, or 

anthropogenic activity causing the 

reduction in flow); an estimate of the 

number of steelhead that are expected to 

be rescued; the name of the waterway 

and location (GPS coordinates) where 

the collected steelhead would be 

relocated; and, a description of the plan 

that will be implemented to monitor the 

status of the relocated individuals over 

time. 

A permit duration of 10 years is 

requested to cover the described 

activities from 6/1/2009 to 12/31/2019. 

For this 10 year program, PRDLB has 

requested an annual non-lethal take of 

up to 2000 juvenile steelhead and 100 

adult steelhead. An annual collection 

and possession of up to 100 steelhead 

tissue samples is being requested as 

well as permission to recover up to 20 

carcasses per year (if found). All 

samples and carcasses would be sent to 

NMFS science center for genetic 

research and processing. No intentional 

lethal take is being proposed for this 

permit. The unintentional lethal take 

(mortalities) that may occur during 

rescue activities is up to100 juvenile 

steelhead per year or no more than 5 

percent of the total captured. See the 

attached documents in the methods 

section of the permit for a complete 

project description including tables and 

figures. 

Dated: March 20, 2009. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. E9–6779 Filed 3–25–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Notice of Availability of a Draft Damage 

Assessment and Restoration Plan and 

Environmental Assessment for Natural 

Resource Injuries and Service Losses 

Associated With Hazardous Substance 

Releases Into Bayou Verdine and the 

Calcasieu River, in Calcasieu Parish, 

LA (‘‘Bayou Verdine Site’’) 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Availability of a Draft 

Damage Assessment and Restoration 

Plan and Environmental Assessment for 

natural resource injuries and service 

losses associated with hazardous 

substance releases into Bayou Verdine 

and the Calcasieu River, in Calcasieu 

Parish, Louisiana (‘‘Bayou Verdine 

Site’’); 60-day period for public