52994 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 

small numbers relative to the size of the 

affected species or stocks. 

Possible Effects of Activities on Marine 

Mammal Habitat 

NMFS anticipates that the action will 

result in minor and short-term effects on 

marine mammal habitat, including a 

temporary increase in the turbidity in 

the area of the dredging and a temporary 

decrease in the quality of K dock as a 

haul-out site as a result of increased 

visual and audio stimuli. 

Possible Effects of Activities on 

Subsistence Needs 

There are no subsistence uses for 

California sea lions or Pacific harbor 

seals in California waters, and thus, 

there are no anticipated effects on their 

availability for subsistence uses. 

Endangered Species Act (ESA) 

Though a single Steller sea lion has 

infrequently been sighted at the K Dock, 

BMMI plans to cease dredging 

operations immediately if one is seen, 

and not begin dredging again until the 

animal has left the area of its own 

volition. NMFS does not anticipate any 

impacts to Steller sea lions to result 

from the issuance of the IHA. 

In the 1998 programmatic Biological 

Opinion addressing dredging in San 

Francisco Bay, NMFS established a June 

1 to November 30 work window for 

dredging activities in the San Francisco 

Bay to avoid impacts to steelhead trout 

and Chinook salmon. BMMI proposes to 

dredge between June 1 and November 

30, and therefore NMFS does not 

anticipate any impacts to ESA-listed 

fish. 

National Environmental Policy Act 

(NEPA) 

NMFS has conducted a preliminary 

NEPA analysis and produced a draft 

Environmental Assessment (EA) on the 

Issuance of an IHA for the Incidental 

Take, by Harassment, of Marine 

Mammals During the Dredging of Pier 

39, San Francisco, California. 

Concurrently with the publication of 

this document, the EA has been posted 

on the NMFS website at: http:// 

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

SmalllTake/ 

smalltakelinfo.htm#applications. 

Public comments are solicited regarding 

both the EA and this notice. NMFS will 

issue a record of decision under NEPA 

prior to the issuance or denial of this 

IHA. 

Preliminary Conclusions 

NMFS has preliminarily determined 

that the dredging activities described in 

this document and in the application for 

an IHA may result in short-term and 

localized changes in behavior by small 

numbers of California sea lions and 

Pacific harbor seals. While behavioral 

modifications may be made by the seals, 

including temporarily vacating the K 

Dock haulout, this action is expected to 

have a negligible impact on the animals. 

In addition, no take by injury or death 

is anticipated, and take by harassment 

will be at the lowest level practicable 

due to incorporation of the mitigation 

measures mentioned previously in this 

document. 

NMFS has preliminarily determined 

that the proposed activity would result 

in the harassment of small numbers of 

California sea lions and Pacific harbor 

seals, and that the takings will have no 

more than a negligible impact on these 

marine mammal stocks. Accordingly, 

NMFS proposes to issue an IHA to 

BMMI for the potential harassment of 

small numbers of California sea lions 

and Pacific harbor seals incidental to 

dredging around Pier 39, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Information Solicited 

NMFS requests interested persons to 

submit comments, information, and 

suggestions concerning this request (see 

ADDRESSES). 

Dated: August 30, 2005. 

Donna Wieting, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 05–17639 Filed 9–2–05; 8:45 am] 

BILLING CODE 3510–22–S 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Announcement of Request for Bilateral 

Textile Consultations with the 

Government of the People’s Republic 

of China and the Establishment of 

Import Limits for Certain Cotton and 

Man-made Fiber Brassieres and Other 

Body Supporting Garments (Category 

349/649) and Other Synthetic Filament 

Fabric (Category 620), Produced or 

Manufactured in the People’s Republic 

of China 

September 1, 2005. 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(Committee). 

ACTION: Notice 

EFFECTIVE DATE: August 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Ross 

Arnold, International Trade Specialist, 

Office of Textiles and Apparel, U.S. 

Department of Commerce, (202) 482- 

4212. For information on the quota 

status of these limits, refer to the Bureau 

of Customs and Border Protection 

website (http://www.cbp.gov), or call 

(202) 344-2650. For information on 

embargoes and quota re-openings, refer 

to the Office of Textiles and Apparel 

website at http://otexa.ita.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 204 of the Agricultural 

Act of 1956, as amended (7 U.S.C. 1854); 

Executive Order 11651 of March 3, 1972, as 

amended. 

On August 31, 2005, as provided for 

under paragraph 242 of the Report of the 

Working Party on the Accession of 

China to the World Trade Organization 

(Accession Agreement), the United 

States requested consultations with the 

Government of the People’s Republic of 

China with respect to imports of 

Chinese-origin cotton and man-made 

fiber brassieres and other body 

supporting garments (Category 349/649) 

and other synthetic filament fabric 

(Category 620). 

Paragraph 242 of the Accession 

Agreements provides that, upon receipt 

of the request, the People’s Republic of 

China will hold its shipments to a level 

no greater than 7.5 percent above the 

amount entered during the first 12 

months of the most recent 14 months 

preceding the month in which the 

request for consultations was made. 

Because this restraint period will be for 

less than 12 months, the quantitative 

limit will be prorated to conform to the 

number of days remaining in the year, 

beginning on August 31, 2005 (i.e., by 

a ratio of 123/365). Consistent with 

paragraph 242, consultations with the 

People’s Republic of China will be held 

within 30 days of receipt of the request 

for consultations, and every effort will 

be made to reach agreement on a 

mutually satisfactory solution within 90 

days of receipt of the request for 

consultations. If no mutually 

satisfactory solution were reached 

during this 90-day consultation period, 

the United States could continue these 

limits. 

To ensure that the limitations 

provided for under Paragraph 242 are 

carried out, the Committee is 

establishing prorated limits on Chineseorigin textile and apparel products in 

Categories 349/649 and 620, beginning 

on August 31, 2005, and extending 

through December 31, 2005. If 

agreement on a different limit is reached 

as a result of the consultations with 

China, the Committee will issue a 

Federal Register Notice containing a 

directive to the Bureau of Customs and 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 52995 

Border Protection to implement the 

negotiated limit. 

The Committee solicited public 

comments with regard to whether 

imports of Chinese-origin textiles and 

textile products in Categories 349/649 

and 620 were, due to the threat of 

market disruption, threatening to 

impede the orderly development of 

trade in these products. Solicitation of 

Public Comments on Request for Textile 

and Apparel Safeguard Action on 

Imports from China, (69 FR 70661 (Dec. 

7, 2004) (Category 620) & 69 FR 77998 

(Dec. 29, 2004) (Category 349/649). The 

Committee solicited public comments 

with regard to whether imports of 

Chinese-origin textiles and textile 

products in Categories 349/649 and 620 

were, due to actual market disruption, 

threatening to impede the orderly 

development of trade in these products. 

Solicitation of Public Comments on 

Request for Textile and Apparel 

Safeguard Action on Imports from 

China, 70 FR 23113 (May 4, 2005) 

(Category 349/649) & 70 FR 23124 (May 

4, 2005) (Category 620). 

On December 30, 2004, the United 

States Court of International Trade 

preliminarily enjoined the members of 

the Committee from considering or 

taking any further action on this request 

and any other requests that are based on 

the threat of market disruption. U.S. 

Association of Importers of Textiles and 

Apparel v. United States, 350 F. Supp. 

2d 1342 (CIT 2004). On April 27, 2005, 

the United States Court of Appeals for 

the Federal Circuit granted the U.S. 

government’s motion for a stay of that 

injunction and ultimately reversed the 

preliminary injunction. U.S. Association 

of Importers of Textiles and Apparel v. 

United States, Ct. No. 05-1209, 413 F.3d 

1344 (Fed. Cir. June 28, 2005). Thus, the 

Committee resumed consideration of 

these cases. (See 70 FR 24397, 

published on May 9, 2005). 

The Committee determined that 

imports of Chinese-origin textiles and 

textile products in Categories 349/649 

and 620, are, due to the existence of 

market disruption and the threat of 

market disruption, threatening to 

impede the orderly development of 

trade in these textile products. A 

summary statement of the reasons and 

justifications for the U.S. request for 

consultations concerning imports of 

Chinese-origin textiles and textile 

products in Categories 349/649 and 620 

from the People’s Republic of China 

follows this notice. 

A description of the textile and 

apparel categories in terms of 

Harmonized Tariff Schedule of the 

United States numbers is available in 

the CORRELATION: Textile and 

Apparel Categories with the 

Harmonized Tariff Schedule of the 

United States (refer to the Office of 

Textiles and Apparel website at http:// 

otexa.ita.doc.gov). 

D. Michael Hutchinson, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements. 

Committee for the Implementation of Textile 

Agreements 

September 1, 2005. 

Commissioner, 

Bureau of Customs and Border Protection, 

Washington, DC 20229. 

Dear Commissioner: Pursuant to Section 

204 of the Agricultural Act of 1956, as 

amended (7 U.S.C. 1854); and Executive 

Order 11651 of March 3, 1972, as amended, 

you are directed to prohibit, effective on 

August 31, 2005, entry into the United States 

for consumption and withdrawal from 

warehouse for consumption of Chinese-origin 

cotton and man-made fiber brassieres and 

other body supporting garments (Category 

349/649) and other synthetic filament fabric 

(Category 620), produced or manufactured in 

the People’s Republic of China and exported 

during the period beginning on August 31, 

2005, and extending through December 31, 

2005, in excess of the following limits. 

Category Quantity 

349/649 .................... 7,275,216 dozen. 

620 ........................... 12,328,306 square 

meters. 

Products which have been exported to the 

United States prior to August 31, 2005, shall 

not be subject to the limit established in this 

directive. 

In carrying out the above directions, the 

Commissioner should construe entry into the 

United States for consumption to include 

entry for consumption into the 

Commonwealth of Puerto Rico. 

The Committee for the Implementation of 

Textile Agreements has determined that 

these actions fall within the foreign affairs 

exception of the rulemaking provisions of 5 

U.S.C. 553(a)(1). 

Sincerely, 

D. Michael Hutchinson, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements. 

SUMMARY OF REASONS AND 

JUSTIFICATIONS FOR U.S. REQUEST FOR 

CONSULTATIONS WITH CHINA 

PURSUANT TO PARAGRAPH 242 OF THE 

REPORT OF THE WORKING PARTY ON 

THE ACCESSION OF CHINA TO THE 

WORLD TRADE ORGANIZATION 

Cotton and Man-made Fiber Brassieres and 

Other Body Supporting Garments 

Category 349/649 

The United States believes that imports of 

Chinese-origin cotton and man-made fiber 

brassieres and other body supporting 

garments are, due to the existence of market 

disruption, threatening to impede the orderly 

development of trade in these products. 

Further, the United States believes that 

imports of Chinese-origin cotton and manmade fiber brassieres and other body 

supporting garments are, due to the threat of 

market disruption, threatening to impede the 

orderly development of trade in these 

products. Either finding supports a request 

for consultations with the Government of the 

People’s Republic of China under Paragraph 

242 of the Report of the Working Party on the 

Accession of China to the World Trade 

Organization (‘‘Paragraph 242’’). The 

following facts, and others contained in this 

Statement, support these beliefs: 

U.S. Imports from China Are Increasing 

Rapidly in Absolute Terms. U.S. imports 

of cotton and man-made fiber brassieres 

and other body supporting garments 

from China were 17,734,954 dozens for 

the entire twelve months of 2004. In the 

first half of 2005, U.S. imports from 

China increased to 11,139,910, an 

increase of 35 percent from the first half 

of 2004. 

U.S. Imports from the World Are 

Increasing Rapidly in Absolute Terms. 

U.S. imports of cotton and man-made 

fiber brassieres and other body 

supporting garments from all sources, 

excluding cotton and man-made fiber 

brassieres and other body supporting 

garments containing U.S. components 

that were imported under outward 

processing programs, increased from 

19,381 thousand dozens in the first half 

of 2004 to 21,043 thousand dozens in the 

first half of 2005 - an increase of 9 

percent. The absolute increase in imports 

from China in the first half of 2005 

(2,908 thousand dozens) is greater than 

the absolute increase in U.S. imports of 

this category from the world as a whole 

(1,663 thousand dozens). 

The Average Unit Value of Imports from 

China is Significantly Lower Than Rest 

of World in 2005. In the first half of 

2005, the average unit value of U.S. 

cotton and man-made fiber brassieres 

and other body supporting garment 

imports from China was US$31.17 per 

dozen, compared to US$50.25 per dozen 

for ‘‘rest of world’’ imports. 

The U.S. Brassieres and Other Body 

Supporting Garments Industry is 

Vulnerable to Increasing Imports. U.S. 

production fell by 2 percent between the 

first quarter of 2004 and the first quarter 

of 2005, while the share of the market 

held by U.S. producers fell by 3 

percentage points during this period. 

52996 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 

SUMMARY OF REASONS AND 

JUSTIFICATIONS FOR U.S. REQUEST FOR 

CONSULTATIONS WITH CHINA 

PURSUANT TO PARAGRAPH 242 OF THE 

REPORT OF THE WORKING PARTY ON 

THE ACCESSION OF CHINA TO THE 

WORLD TRADE ORGANIZATION 

Other Synthetic Filament Fabric 

Category 620 

The United States believes that imports of 

Chinese-origin other synthetic filament fabric 

are, due to the existence of market 

disruption, threatening to impede the orderly 

development of trade in these products. 

Further, the United States believes that 

imports of Chinese-origin other synthetic 

filament fabric are, due to the threat of 

market disruption, threatening to impede the 

orderly development of trade in these 

products. Either finding supports a request 

for consultations with the Government of the 

People’s Republic of China under Paragraph 

242 of the Report of the Working Party on the 

Accession of China to the World Trade 

Organization (‘‘Paragraph 242’’). The 

following facts, and others contained in this 

Statement, support these beliefs: 

U.S. Imports from China Are Increasing 

Rapidly in Absolute Terms. U.S. imports 

of other synthetic filament fabric from 

China were 5,895,247 square meters for 

the entire twelve months of 2004. In the 

period January-June 2005, U.S. imports 

from China increased to 39,973,330 

square meters, an increase of 1,185 

percent from the January-June 2004 

level. 

U.S. Imports from the World Are 

Increasing Rapidly in Absolute Terms. 

U.S. imports of other synthetic filament 

fabric from all sources increased from 

135,921 thousand square meters in 

January-June 2004 to 256,020 thousand 

square meters in January-June 2005 - an 

increase of 88 percent. Over thirty 

percent of this increase was attributable 

to imports from China. 

The Average Unit Value of Imports from 

China Is Falling in 2005. In 2004, the 

average unit value of U.S. other synthetic 

filament fabric imports from China was 

US$2.36 per square meter. In the period 

January-June 2005, the average unit 

value of those imports fell to US$0.70 

per square meter compared to US$0.77 

per square meter for ‘‘rest of world’’

imports. 

The U.S. Other Synthetic Filament 

Fabric Industry is Vulnerable to 

Increasing Imports. U.S. production fell 

by 13 percent between the first quarter 

of 2004 and the first quarter of 2005, 

while the share of the market held by 

U.S. producers fell by 15 percentage 

points during this period. 

[FR Doc. 05–17692 Filed 9–1–05; 12:04 pm] 

BILLING CODE 3510–DS–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this notice announces that 

the Information Collection Request (ICR) 

abstracted below has been forwarded to 

the Office of Management and Budget 

(OMB) for review and comment. The 

ICF describes the nature of the 

information collection and its expected 

costs and burden; it includes the actual 

data collection instrument [if any]. 

DATES: Comments must be submitted on 

or before October 6, 2005. 

FOR FURTHER INFORMATION CONTACT: Gail 

B. Scott, Office of General Council, U.S. 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581, (202) 418–5139; 

FAX: (202) 418–5524; e-mail: 

gscott@cftc.gov. and refer to OMB 

Control No. 3038–0033. 

SUPPLEMENTARY INFORMATION: 

This is a request for extension of a 

currently approved information 

collection. 

Abstract: Title: Notification of 

Pending Legal Proceedings Pursuant to 

17 CFR 1.60, OMB Control No. 3038–

0033—Extension. 

The rule is designed to assist the 

Commission in monitoring legal 

proceedings involving the 

responsibilities imposed on contract 

markets and their officials and futures 

commission merchants and their 

principals by the Commodity Exchange 

Act, or otherwise. These rules are 

promulgated pursuant to the 

Commission’s rulemaking authority 

contained in sections 4a(a), 4i, and 8a(5) 

of the Act, 7 U.S.C. 6a(1), 6i, and 12a(5). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the CFTC’s regulations 

were published on December 30, 1981. 

See 48 FR 63035 (Dec. 30, 1981). The 

Federal Register notice with a 60-day 

comment period soliciting comments on 

this collection of information was 

published on June 21, 2005 (70 FR 

35641). 

Burden statement: The respondent 

burden for this collection is estimated to 

average .10 hours per response. 

Respondents/Affected Entities: 235. 

Estimated number of responses: 1. 

Estimated total annual burden on 

respondents: .10 hours. 

Frequency of collection: On occasion. 

Send comments regarding the burden 

estimated or any other aspect of the 

information collection, including 

suggestions for reducing the burden, to 

the addresses listed below. Please refer 

to OMB Control No. 3038–0033 in any 

correspondence. 

Gail B. Scott, Office of General 

Counsel, U.S. Commodity Futures 

Trading Commission, 1155 21st Street, 

NW., Washington, DC 20581 and Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for CFTC, 725 

17th Street, Washington, DC 20503. 

Dated: August 30, 2005. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–17603 Filed 9–2–05; 8:45 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this notice announces that 

the Information Collection Request (ICR) 

abstracted below has been forwarded to 

the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describes the nature of the 

information collection and its expected 

costs and burden; it includes the actual 

data collection instruments [if any]. 

DATES: Comments must be submitted on 

or before October 6, 2005. 

FOR FURTHER INFORMATION OR A COPY

CONTACT: Lawrence B. Patent, Division 

of Clearing and Intermediary Oversight, 

U.S. Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581, (202) 418–5439; 

FAX: (202) 418–5536; e-mail: 

lpatent@cftc.gov and refer to OMB 

Control No. 3038–0007. 

SUPPLEMENTARY INFORMATION: 

Title: Rules Relating to Regulation of 

Domestic Exchange-Traded Options 

(OMB Control No. 3038–0007). This is 

a request for extension of a currently 

approved information collection. 

Abstract: Rules Relating to Regulation 

of Domestic Exchange-Trade Options, 

OMB Control No. 3038–0007—

Extension. 

The rules require futures commission 

merchants and introducing brokers (1)