23004 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Notices

DEPARTMENT OF COMMERCE

International Trade Administration

[A–549–502]

Certain Welded Carbon Steel Pipes

and Tubes From Thailand: Notice of

Court Decision and Suspension of

Liquidation

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: On March 22, 2001, in Allied

Tube and Conduit, Corp. v. United

States, Court No. 99–11–00715, Slip.

Op. 01–31 (CIT 2001), a lawsuit

challenging the Department of

Commerce’s (‘‘the Department’s’’) final

results of administrative review of the

antidumping order on certain welded

carbon steel pipes and tubes from

Thailand, the Court of International

Trade (CIT) affirmed the Department’s

remand determination and entered a

judgment order. In its remand

determination, the Department

addressed the issue of use of facts

available for the duty drawback amount

received by producer/exporter Saha

Thai Steel Pipe Co., Ltd. (Saha Thai). As

a result of the remand determination,

the final antidumping duty rate for Saha

Thai was increased from 9.65 percent to

9.84 percent. This decision was not in

harmony with the Department’s original

final determination. Consistent with the

decision of the U.S. Court of Appeals for

the Federal Circuit in Timken Co. v.

United States, 893 F.2d 337 (Fed. Cir.

1990) (Timken), the Department will

continue to order the suspension of

liquidation of the subject merchandise

until there is a ‘‘conclusive’’ decision in

this case. If the case is not appealed, or

if it is affirmed on appeal, the

Department will instruct Customs to

liquidate Saha Thai’s entries of subject

merchandise during the March 1997–

February 1998 period of review.

EFFECTIVE DATE: May 7, 2001.

FOR FURTHER INFORMATION CONTACT:

Javier Barrientos or Sally Gannon, AD/

CVD Enforcement Group III, Office 7,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, NW., Washington,

DC 20230; telephone: (202) 482–2243 or

(202) 482–0162, respectively.

SUPPLEMENTARY INFORMATION:

Background

The Department published notice of

its final results of administrative review

of the antidumping order on certain

welded carbon steel pipes and tubes, on

October 21, 1999. Certain Welded

Carbon Steel Pipes and Tubes from

Thailand: Final Results of Antidumping

Administrative Review, 64 FR 56759

(October 21, 1999) (Final Results).

Following publication of the Final

Results, Allied Tube and Conduit,

Corp., petitioner in this case, filed a

lawsuit with the CIT challenging the

Department’s date of sale and duty

drawback determinations in the Final

Results. On January 18, 2001, the CIT

remanded the above-referenced

proceeding to the Department of

Commerce for reconsideration of the

following issue: (1) To explain why the

Department’s duty drawback

methodology, which employed facts

available, is consistent with the

objectives of the facts available

provision, 19 U.S.C. 1677(e)(a), and

accounts for gaps in respondent’s

information; or alternatively calculate a

new duty drawback adjustment which is

consistent with this objective. See

Allied Tube and Conduit Corp. v.

United States, Court No. 99–11–00715,

Slip Op. 01–03 (CIT 2001). On February

14, 2001, the Department issued its

Draft Results of Redetermination to the

plantiff and defendant-intervenor to

comment.

In the Draft Results of

Redetermination, we reconsidered our

methodology in accordance with the

CIT’s order and determined that the

simple average methodology applied

did not adequately function as a

modified duty drawback adjustment for

respondent. Therefore, we recalculated

the adjustment using the weighted

average of the duty drawback unit

values by invoice. Neither party

submitted comments to the Department

on the Draft Results of Redetermination.

The Department’s Final Results of

Redetermination were identical to the

Draft Results of Redetermination.

The CIT affirmed the Department’s

Final Results of Redetermination on

March 22, 2001. See Allied Tube and

Conduit, Corp. v. United States, Court

No. 99–11–00715, Slip. Op. 01–31 (CIT

2001).

Suspension of Liquidation

The U.S. Court of Appeals for the

Federal Circuit in Timken held that the

Department must publish notice of a

decision of the CIT or the Federal

Circuit which is not ‘‘in harmony’’ with

the Department’s final determination.

Publication of this notice fulfills that

obligation. The Federal Circuit also held

that the Department must suspend

liquidation of the subject merchandise

until there is a ‘‘conclusive’’ decision in

the case. Therefore, pursuant to Timken,

the Department must continue to

suspend liquidation pending the

expiration of the period to appeal the

CIT’s March 22, 2001 decision or, if that

decision is appealed, pending a final

decision by the Federal Circuit. The

Department will instruct Customs to

liquidate relevant entries covering the

subject merchandise effective May 22,

2001, in the event that the CIT’s ruling

is not appealed.

Effective January 20, 2001, Bernard T.

Carreau is fulfilling the duties of the

Assistant Secretary for Import

Administration.

Dated: April 30, 2001.

Bernard T. Carreau,

Deputy Assistant Secretary, Import

Administration.

[FR Doc. 01–11437 Filed 5–4–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 042501E]

Endangered and Threatened Species;

Take of Anadromous Fish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability and

request for comment.

SUMMARY: Notice is hereby given that

the Oregon Department of Fish and

Wildlife (ODFW) has submitted a

Fisheries Management and Evaluation

Plan (FMEP) pursuant to the protective

regulations promulgated for Upper

Willamette River (UWR) steelhead

under the Endangered Species Act

(ESA). The FMEP specify the future

management of inland recreational

fisheries potentially affecting the UWR

steelhead. This document serves to

notify the public of the availability of

the FMEP for review and comment

before a final approval or disapproval is

made by NMFS.

DATES: Written comments on the draft

FMEPs must be received at the

appropriate address or fax number (see

ADDRESSES) no later than 5 p.m. Pacific

standard time on June 6, 2001.

ADDRESSES: Written comments and

requests for copies of the draft FMEPs

should be addressed to Lance Kruzic,

Sustainable Fisheries Division, Hatchery

and Inland Fisheries Branch, Roseburg

Field Office, 2900 NW Stewart Parkway,

Roseburg, OR 97470 or fax (541) 957–

3386. The documents are also available

on the Internet at http://

www.nwr.noaa.gov/. Comments will not

Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Notices 23005

be accepted if submitted via e-mail or

the Internet.

FOR FURTHER INFORMATION CONTACT:

Lance Kruzic, Roseburg, OR at phone

number 541–957–3381 or e-mail:

lance.kruzic@noaa.gov,.

SUPPLEMENTARY INFORMATION: This

notice is relevant to the Upper

Willamette River Steelhead

(Oncorhynchus mykiss) Evolutionarily

Significant Unit (ESU).

Background

ODFW has submitted to NMFS an

FMEP (Upper Willamette River Winter

Steelhead in Sport Fisheries of the

Upper Willamette Basin) for inland

recreational fisheries potentially

affecting listed adult and juvenile UWR

steelhead. These include fisheries

occurring in the Willamette River and

tributaries above Willamette Falls,

including the North and South Santiam

Rivers, and the Molalla River. The

objective of the FMEP is to harvest

known, hatchery-origin steelhead and

other fish species in a manner that does

not jeopardize the survival and recovery

of the UWR steelhead ESU. All fisheries

included in this FMEP will be managed

such that only hatchery-origin steelhead

that are adipose fin clipped may be

retained. Impacts levels to listed UWR

steelhead are specified in the FMEP.

Population viability analysis and risk

assessments in the FMEP indicate the

extinction risk for listed steelhead under

the proposed fishery impact levels to be

low. A variety of monitoring and

evaluation tasks are specified in the

FMEP to assess the abundance of

steelhead, determine fishery effort and

catch of steelhead and angler

compliance. A review of compliance

with the provisions of the FMEP will be

conducted by ODFW annually and a

comprehensive review to evaluate the

effectiveness of the FMEP will occur at

a minimum of every 5 years.

ODFW has provided NMFS a draft of

the Conservation Assessment of

Steelhead Populations in Oregon

(Assessment) as part of the FMEP

submittal. The Assessment provides the

population viability analysis and risk

assessment developed for ODFW’s

FMEP. This Assessment is also available

for review and comment.

As specified in the July 10, 2000 ESA

4(d) rule for salmon and steelhead (65

FR 42422), NMFS may approve an

FMEP if it meets criteria set forth in §

223.203 (b)(4)(i)(A) through (I). Prior to

final approval of an FMEP, NMFS must

publish notification announcing its

availability for public review and

comment.

Authority

Under section 4 of the ESA, the

Secretary of Commerce is required to

adopt such regulations as he deems

necessary and advisable for the

conservation of species listed as

threatened. The ESA salmon and

steelhead 4(d) rule (65 FR 42422, July

10, 2000) specifies categories of

activities that contribute to the

conservation of listed salmonids and

sets out the criteria for such activities.

The rule further provides that the

prohibitions of paragraph (a) of the rule

do not apply to activities associated

with fishery harvest provided that an

FMEP has been approved by NMFS to

be in accordance with the salmon and

steelhead ESA 4(d) rule (65 FR 42422,

July 10, 2000).

Dated: April 30, 2001.

Margaret Lorenz,

Acting Chief, Endangered Species Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 01–11421 Filed 5–4–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF EDUCATION

Notice of Proposed Information

Collection Requests

AGENCY: Department of Education.

SUMMARY: The Leader, Regulatory

Information Management Group, Office

of the Chief Information Officer, invites

comments on the proposed information

collection requests as required by the

Paperwork Reduction Act of 1995.

DATES: Interested persons are invited to

submit comments on or before July 6,

2001.

SUPPLEMENTARY INFORMATION: Section

3506 of the Paperwork Reduction Act of

1995 (44 U.S.C. Chapter 35) requires

that the Office of Management and

Budget (OMB) provide interested

Federal agencies and the public an early

opportunity to comment on information

collection requests. OMB may amend or

waive the requirement for public

consultation to the extent that public

participation in the approval process

would defeat the purpose of the

information collection, violate State or

Federal law, or substantially interfere

with any agency’s ability to perform its

statutory obligations. The Leader,

Regulatory Information Management

Group, Office of the Chief Information

Officer, publishes that notice containing

proposed information collection

requests prior to submission of these

requests to OMB. Each proposed

information collection, grouped by

office, contains the following: (1) Type

of review requested, e.g. new, revision,

extension, existing or reinstatement; (2)

Title; (3) Summary of the collection; (4)

Description of the need for, and

proposed use of, the information; (5)

Respondents and frequency of

collection; and (6) Reporting and/or

Recordkeeping burden. OMB invites

public comment.

The Department of Education is

especially interested in public comment

addressing the following issues: (1) Is

this collection necessary to the proper

functions of the Department; (2) will

this information be processed and used

in a timely manner; (3) is the estimate

of burden accurate; (4) how might the

Department enhance the quality, utility,

and clarity of the information to be

collected; and (5) how might the

Department minimize the burden of this

collection on the respondents, including

through the use of information

technology.

Dated: May 1, 2001.

John Tressler,

Leader, Regulatory Information Management,

Office of the Chief Information Officer.

Office of the Undersecretary

Type of Review: New.

Title: National Study of Title I

Schools—Data Collection Instruments.

Frequency: Annually.

Affected Public: State, Local, or Tribal

Gov’t, SEAs or LEAs.

Reporting and Recordkeeping Hour

Burden:

Responses: 22,000.

Burden Hours: 23,225.

Abstract: This National Study of Title

I Schools will be the main source of

nationally-representative school-level

information on the implementation of

Title I provisions and standards-based

reform generally, over a three-year

period from the 2001–02 through 2003–

04 school years. The study will examine

and describe how Title I schools are

using standards-based reforms to assist

in improving learning, with a particular

focus on implementation of provisions

in the Title I program that are designed

to support such improvements. The

study will also examine more

specifically the quality of instruction

and instructional support in Title I

schools, with a focus on implementation

of Title I provisions designed to support

more effective instruction and

instructional support.

Requests for copies of the proposed

information collection request may be

accessed from http://edicsweb.ed.gov, or

should be addressed to Vivian Reese,

Department of Education, 400 Maryland

Avenue, SW, Room 4050, Regional

Office Building 3, Washington, D.C.