Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 49567

DEPARTMENT OF COMMERCE

International Trade Administration

[A–533–810]

Stainless Steel Bar from India: 

Extension of Time Limit for the Final 

Results of the Antidumping Duty 

Administrative Review

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

SUMMARY: The Department of Commerce 

is extending the time limit for the final 

results of the administrative review of 

the antidumping duty order on stainless 

steel bar from India. The period of 

review is February 1, 2003, through 

January 31, 2004. This extension is 

made pursuant to section 751(a)(3)(A) of 

the Tariff Act of 1930, as amended by 

the Uruguay Round Agreements Act.

EFFECTIVE DATE: August 24, 2005.

FOR FURTHER INFORMATION CONTACT:

Scott Holland, AD/CVD Operations, 

Office 1, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington DC 20230; telephone (202) 

482–1279.

SUPPLEMENTARY INFORMATION:

Background

On March 7, 2005, the Department of 

Commerce (‘‘the Department’’) 

published the preliminary results of the 

administrative review of the 

antidumping duty order on stainless 

steel bar from India covering the period 

February 1, 2003, through January 31, 

2004. See Notice of Preliminary Results 

and Partial Rescission of Antidumping 

Duty Administrative Review: Stainless 

Steel Bar from India, 70 FR 10977 

(March 7, 2005). On June 1, 2005, the 

Department published in the Federal 

Register an extension of the time limit 

for the final results in the antidumping 

duty review to no later than August 25, 

2005, in accordance with the Tariff Act 

of 1930, as amended (‘‘the Act’’). See 

Stainless Steel Bar from India: 

Extension of Time Limit for the Final 

Results of the Antidumping Duty 

Administrative Review, 70 FR 31425 

(June 1, 2005).

Extension of Time Limits for Final 

Results

Section 751(a)(3)(A) of the Act 

requires the Department to issue the 

preliminary results of an administrative 

review within 245 days after the last day 

of the anniversary month of an 

antidumping duty order for which a 

review is requested and issue the final 

results within 120 days after the date on 

which the preliminary results are 

published. However, if it is not 

practicable to complete the review 

within the time period, section 

751(a)(3)(A) of the Act allows the 

Department to extend these deadlines to 

a maximum of 365 days and 180 days, 

respectively.

On July 29, 2005, Carpenter 

Technology Corp., Crucible Specialty 

Metals Division of Crucible Materials 

Corp., Electralloy Corp., Slater Steels 

Corp., Empire Specialty Steel and the 

United Steelworkers of America (AFL–

CIO/CLC) (collectively, the 

‘‘petitioners’’), timely filed a case brief 

for the Department’s final results of the 

administrative review. In order to allow 

sufficient time for the Department to 

analyze the complex arguments 

contained in the petitioners’ case brief, 

we find that it is not practicable to 

complete this review within the 

originally anticipated time limit (i.e., by 

August 25, 2005). Accordingly, the 

Department is extending the time limit 

for completion of the final results to no 

later than September 6, 2005, in 

accordance with section 751(a)(3)(A) of 

the Act.

This notice is issued and published in 

accordance with section 751(a)(3)(A) of 

the Act.

Dated: August 18, 2005.

Barbara E. Tillman,

Acting Deputy Assistant Secretary for Import 

Administration.

[FR Doc. E5–4631 Filed 8–23–05; 8:45 am] 

BILLING CODE 3510–DS–S

DEPARTMENT OF COMMERCE

International Trade Administration 

North American Free-Trade 

Agreement, Article 1904 NAFTA Panel 

Reviews; Request for Panel Review

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce.

ACTION: Notice of First Request for Panel 

Review. 

SUMMARY: On August 18, 2005, 

ThyssenKrupp Mexinox S.A. de C.V. 

and Mexinox USA, Inc. (collectively 

‘‘Mexinox’’) filed a First Request for 

Panel Review with the United States 

Section of the NAFTA Secretariat 

pursuant to Article 1904 of the North 

American Free Trade Agreement. Panel 

review was requested of the Five Year 

Review of the AD and CVD Order made 

by the International Trade Commission, 

respecting Stainless Steel Sheet and 

Strip in Coils from France, Germany, 

Italy, Japan, Korea, Mexico, Taiwan and 

the United Kingdom. The determination 

was published in the Federal Register

(70 Fed. Reg. 41236) on July 18, 2005 

The NAFTA Secretariat has assigned 

Case Number USA–MEX–2005–1904–06 

to this request.

FOR FURTHER INFORMATION CONTACT:

Caratina L. Alston, United States 

Secretary, NAFTA Secretariat, Suite 

2061, 14th and Constitution Avenue, 

Washington, DC 20230, (202) 482–5438.

SUPPLEMENTARY INFORMATION: Chapter 

19 of the North American Free-Trade 

Agreement (‘‘Agreement’’) establishes a 

mechanism to replace domestic judicial 

review of final determinations in 

antidumping and countervailing duty 

cases involving imports from a NAFTA 

country with review by independent 

binational panels. When a Request for 

Panel Review is filed, a panel is 

established to act in place of national 

courts to review expeditiously the final 

determination to determine whether it 

conforms with the antidumping or 

countervailing duty law of the country 

that made the determination. 

Under Article 1904 of the Agreement, 

which came into force on January 1, 

1994, the Government of the United 

States, the Government of Canada and 

the Government of Mexico established 

Rules of Procedure for Article 1904 

Binational Panel Reviews (‘‘Rules’’). 

These Rules were published in the 

Federal Register on February 23, 1994 

(59 FR 8686). 

A first Request for Panel Review was 

filed with the United States Section of 

the NAFTA Secretariat, pursuant to 

Article 1904 of the Agreement, on 

August 18, 2005, requesting panel 

review of the determination and order 

described above. 

The Rules provide that: 

(a) A Party or interested person may 

challenge the final determination in 

whole or in part by filing a Complaint 

in accordance with Rule 39 within 30 

days after the filing of the first Request 

for Panel Review (the deadline for filing 

a Complaint is September 16, 2005); 

(b) A Party, investigating authority or 

interested person that does not file a 

Complaint but that intends to appear in 

support of any reviewable portion of the 

final determination may participate in 

the panel review by filing a Notice of 

Appearance in accordance with Rule 40 

within 45 days after the filing of the first 

Request for Panel Review (the deadline 

for filing a Notice of Appearance is 

October 3, 2005); and 

(c) The panel review shall be limited 

to the allegations of error of fact or law, 

including the jurisdiction of the 

49568 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 

investigating authority, that are set out 

in the Complaints filed in the panel 

review and the procedural and 

substantive defenses raised in the panel 

review.

Dated: August 18, 2005. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat.

[FR Doc. 05–16769 Filed 8–23–05; 8:45 am] 

BILLING CODE 3510–GT–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 030905A]

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the Explosive Removal of 

Offshore Structures in the Gulf of 

Mexico

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of receipt of application 

for an incidental take authorization; 

request for comments and information.

SUMMARY: NMFS has received a request 

from the Minerals Management Service 

(MMS), for authorization to harass small 

numbers of marine mammals incidental 

to explosive severance activities at 

offshore oil and gas structures in the 

Gulf of Mexico (GOM) outer continental 

shelf (OCS). As a result of this request, 

NMFS is considering whether to 

promulgate rulemaking, that if 

implemented, would govern the 

incidental taking of marine mammals 

under individual Letters of 

Authorization (LOAs) issued to 

participants in this industry to take 

marine mammals by Level A and Level 

B harassment. In order to promulgate 

regulations and issue LOAs thereunder, 

NMFS must determine that these 

takings will have a negligible impact on 

the affected species and stocks of 

marine mammals. NMFS invites 

comment on MMS’ application, and 

suggestions on the content of the 

regulations.

DATES: Comments and information must 

be received no later than September 23, 

2005.

ADDRESSES: Comments on the 

application should be addressed to 

Steve Leathery, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

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

20910–3225, or by telephoning the 

contact listed here. The mailbox address 

for providing email comments is 

PR1.030905A@noaa.gov. Comments 

sent via e-mail, including all 

attachments, must not exceed a 10–

megabyte file size. A copy of the 

application containing a list of the 

references used in this document may 

be obtained by writing to this address or 

by telephoning the contact listed here 

and is also available at: http://

www.nmfs.noaa.gov/protlres/PR2/

SmalllTake/

smalltakelinfo.htm#applications.

A copy of MMS’ Programmatic 

Environmental Assessment (PEA) is 

available on-line at:http://

www.gomr.mms.gov/homepg/regulate/

environ/nepa/2005–013.pdf

FOR FURTHER INFORMATION CONTACT:

Kenneth R. Hollingshead, NMFS, 301–

713–2055, ext 128.

SUPPLEMENTARY INFORMATION:

Background

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

of the Marine Mammal Protection Act 

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

the Secretary of Commerce (Secretary) 

to allow, upon request, the incidental, 

but not intentional taking of small 

numbers of marine mammals by U.S. 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and 

regulations are issued.

An authorization may be granted if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s) and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses, and if the permissible 

methods of taking and requirements 

pertaining to the monitoring and 

reporting of such takings 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.’’ 

Except for certain categories of 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 February 28, 2005, NMFS received 

an application from MMS (MMS, 2005a) 

requesting, on behalf of the offshore oil 

and gas industry, authorization under 

section 101(a)(5)(A) of the Marine 

Mammal Protection Act (MMPA) to 

harass marine mammals incidental to 

explosive severance activities at 

offshore oil and gas structures in the 

GOM OCS.

Description of the Activity

During exploration, development, and 

production operations for mineral 

extraction in the GOM OCS, the seafloor 

around activity areas becomes the 

repository of temporary and permanent 

equipment and structures. In 

compliance with OCS Lands Act 

(OCSLA) regulations and MMS 

guidelines, operators are required to 

remove or ‘‘decommission’’ seafloor 

obstructions from their leases within 

one year of lease termination or after a 

structure has been deemed obsolete or 

unusable. To accomplish these 

removals, a host of activities is required 

to (1) mobilize necessary equipment and 

service vessels, (2) prepare the 

decommissioning targets (e.g., piles, 

jackets, conductors, bracings, wells, 

pipelines, etc.), (3) sever the target from 

the seabed and/or sever it into 

manageable components, (4) salvage the 

severed portion(s), and (5) conduct final 

site-clearance verification work.

There are two primary methodologies 

used in the GOM for cutting 

decommissioning targets; nonexplosive 

and explosive severance. Nonexplosive 

methods include abrasive cutters (sand 

and abrasive-water jets), mechanical 

cutters (e.g., carbide or rotary), diamond 

wire cutting devices, and cutting 

facilitated by commercial divers using 

arc/gas torches. Though relatively timeconsuming and potentially harmful to 

human health and safety (primarily for 

diver severances), nonexplosiveseverance activities have little or no 

impact on the marine environment and 

would not result in an incidental take of 

marine mammals (MMS, 2005bProgrammatic Environmental 

Assessment (PEA)). A description of 

non-explosive severing tools and 

methods can be found in MMS’ 

application and the PEA (section 

1.4.7.1)(see ADDRESSES).

Explosive-severance activities use 

specialized charges to achieve target 

severance. Severance charges can be 

deployed on multiple targets and 

detonated nearly-simultaneously (i.e., 

staggered at an interval of 900 msec) 

effecting rapid severances. Coupled 

with safe-handling practices, the