450 Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices 

Enriched Uranium from France, 72 FR 

26603 (May 10, 2007). 

On December 13, 2007, the ITC 

determined, pursuant to section 751(c) 

of the Act, that a revocation of the 

antidumping duty order on LEU from 

France would likely lead to a 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time: See Low Enriched Uranium from 

France; 72 FR 71954 (December 19, 

2007), and USITC Publication 3967 

(December 2007), (Inv. No. 731–TA–

909) (Review). 

Scope of the Order 

The product covered by this order is 

all low enriched uranium (LEU). LEU is 

enriched uranium hexafluoride (UF6) 

with a U235 product assay of less than 

20 percent that has not been converted 

into another chemical form, such as 

UO2, or fabricated into nuclear fuel 

assemblies, regardless of the means by 

which the LEU is produced (including 

LEU produced through the downblending of highly enriched uranium). 

Certain merchandise is outside the 

scope of this order. Specifically, this 

order does not cover enriched uranium 

hexafluoride with a U235 assay of 20 

percent or greater, also known as highly 

enriched uranium. In addition, 

fabricated LEU is not covered by the 

scope of this order. For purposes of this 

order, fabricated uranium is defined as 

enriched uranium dioxide (UO2), 

whether or not contained in nuclear fuel 

rods or assemblies. Natural uranium 

concentrates (U3O8) with a U235

concentration of no greater than 0.711 

percent and natural uranium 

concentrates converted into uranium 

hexafluoride with a U235 concentration 

of no greater than 0.711 percent are not 

covered by the scope of this order. 

Also excluded from this order is LEU 

owned by a foreign utility end-user and 

imported into the United States by or for 

such end-user solely for purposes of 

conversion by a U.S. fabricator into 

uranium dioxide (UO2) and/or 

fabrication into fuel assemblies so long 

as the uranium dioxide and/or fuel 

assemblies deemed to incorporate such 

imported LEU (i) remain in the 

possession and control of the U.S. 

fabricator, the foreign end-user, or their 

designed transporter(s) while in U.S. 

customs territory, and (ii) are reexported within eighteen (18) months of 

entry of the LEU for consumption by the 

end-user in a nuclear reactor outside the 

United States. Such entries must be 

accompanied by the certifications of the 

importer and end-user. 

The merchandise subject to this order 

is currently classifiable in the 

Harmonized Tariff Schedule of the 

United States (HTSUS) at subheading 

2844.20.0020. Subject merchandise may 

also enter under 2844.20.0030, 

2844.20.0050, and 2844.40.00. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the 

merchandise is dispositive. 

Continuation of Order 

As a result of these determinations by 

the Department and the ITC that a 

revocation of the antidumping duty 

order would likely lead to a 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act, the Department 

hereby orders the continuation of the 

antidumping duty order on LEU from 

France. U.S. Customs and Border 

Protection will continue to collect 

antidumping duty cash deposits at the 

rates in effect at the time of entry for all 

imports of subject merchandise. 

The effective date of the continuation 

of this order will be the date of 

publication in the Federal Register of 

this notice of continuation. Pursuant to 

sections 751(c)(2) and 751(c)(6)(A) of 

the Act, the Department intends to 

initiate the next five-year review of this 

order no later than November 2012. 

This five-year (sunset) review and this 

notice are in accordance with section 

751(c) of the Act and published 

pursuant to section 777(i)(1) of the Act. 

Dated: December 26, 2007. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 07–6279 Filed 1–02–08; 8:45 am] 

BILLING CODE 3510–DS–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD57 

Atlantic Highly Migratory Species; 

Pelagic Longline Research 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability. 

SUMMARY: NMFS announces the 

availability of a Final Environmental 

Assessment (EA) and a final decision to 

issue an Exempted Fishing Permit (EFP) 

to conduct research in portions of the 

East Florida Coast (EFC) and Charleston 

Bump closed areas using a limited 

number of pelagic longline (PLL) 

vessels. Given the nearly rebuilt status 

of north Atlantic swordfish (B = 

0.99BMSY) and bycatch reduction 

measures that were implemented 

throughout the U.S. PLL fishery in 2004, 

NMFS is authorizing the collection of 

baseline PLL fishery data in the closed 

areas to evaluate the effectiveness of 

existing bycatch reduction measures. 

The Final EA analyzes monthly and 

annual PLL logbook and pelagic 

observer program (POP) data on catch 

and bycatch rates of all species in the 

proposed research area from 1995–2000 

to determine potential impacts of the 

research programfishery on target and 

non-target species. The Final EA 

includes additional analyses of catch 

rates for all species based on 18/0 circle 

hooks. NMFS will require the use of 18/ 

0 non-offset circle hooks in the research 

project to minimize bycatch and bycatch 

mortality and 100 percent observer 

coverage to ensure scientific rigor. 

FOR FURTHER INFORMATION CONTACT: 

Russell Dunn, 727–824–5399; fax: 727–

824–5398, or Chris Rilling 301–713–

2347; fax: 301–713–1917. 

SUPPLEMENTARY INFORMATION: By issuing 

the EFP, NMFS authorizes a limited 

number of vessels (three are authorized, 

but only two vessels will fish at any 

given time and one vessel is designated 

as a backup vessels if breakdowns 

occur) to conduct research in portions of 

the EFC and Charleston Bump closed 

areas (Figure 1). The latitude and 

longitude coordinates of the proposed 

research area are provided in Table 1. In 

the EFC closed area, the proposed 

research area would be north of Fort 

Pierce, FL, beginning at 28 degrees 

north latitude and proceeding north, 

seaward of the axis of the Gulf Stream, 

to the northern boundary of the EFC 

closed area at 31° N. lat. In the 

Charleston Bump, the proposed research 

area would be north of 31 degrees north 

latitude and following the 200–meter 

isobath (approximately 100 fathom 

contour) to the northern and eastern 

boundaries of the Charleston Bump 

closed area. The two areas are hereafter 

referred to collectively as the proposed 

research area. NMFS closed the EFC and 

Charleston Bump closed areas to PLL 

gear in early 2001 to reduce bycatch of 

juvenile swordfish, billfish, and other 

Highly Migratory Species (HMS) (65 FR 

47214, August 1, 2000). The Charleston 

Bump closed area is a seasonal closure 

from February through April every year, 

whereas the EFC closed area is closed 

year-round to PLL gear. Since that time, 

the swordfish stock has been nearly 

rebuilt, and new bycatch reduction 

measures have been implemented 

throughout the PLL fishery (e.g., circle 


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Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices 451 

hook requirements, bait requirements, 

bycatch release gear, and careful 

handling and release workshops). No 

PLL fishing has been authorized in the 

closed areas since 2001, and NMFS has 

not collected information on the 

effectiveness of current bycatch 

reduction measures in closed areas 

where bycatch rates may be higher than 

in other areas. NMFS thus would collect 

information under scientifically 

rigorous protocols to determine the 

effectiveness of bycatch reduction 

measures in these closed areas. This 

information will assist NMFS in making 

appropriate management decisions 

regarding the effectiveness of existing 

closed areas and the effectiveness of 

current bycatch reduction measures. 

NMFS authorizes a total of 289 sets 

distributed equally inside and outside 

the proposed research area over a 12 

month period beginning in late 2007 or 

early 2008. Each set would consist of 

500 18/0 non-offset circle hooks with 

whole dead finfish bait and/or squid 

bait. Vessels would be subject to 100 

percent observer coverage, and 

observers or research staff would collect 

data that includes, but is not limited to, 

catch per unit effort (CPUE) for target 

and bycatch species; discard rates; 

interaction rates with protected species; 

size of target species; hooking location; 

mortality at haul back; bycatch 

mortality; and if possible, an evaluation 

of the condition of fish at haul back to 

allow post-release mortality estimates. 

All targeted catch (tunas, swordfish, 

and sharks) that can be legally landed 

could be harvested and sold by the 

vessel owners. No other compensation 

will be provided to the vessels. Anyll 

protected speciesbycatch which are 

incidentally interacted with will be 

released using NMFS-approved 

dehooking equipment and appropriate 

safe handling and release protocols. All 

live bycatch will be released in a 

manner that maximizes survival, in 

accordance with existing regulations. 

Incidental catch of bluefin tuna would 

be landed consistent with existing 

regulations. Any mortalities of Atlantic 

Tunas Convention Act (ATCA) 

regulated species (i.e., tunas and 

swordfish) and sharks that could be 

legally landed would be counted against 

the appropriate quotas. Non-target 

species and protected resources would 

be tagged and released alive, consistent 

with requirements of the Terms and 

Conditions of the 2004 Biological 

Opinion issued for the fishery. 

NMFS received a number of 

comments on the Draft EA including, 

but not limited to, comments on bycatch 

levels, impacts on target and non-target 

species, study methodology, and socioeconomic impacts. The responses to 

comments are included in Appendix A 

in the Final EA, and are not repeated 

here. Based on the public comment 

received, NMFS improved and 

expanded the environmental analyses. 

In the Final EA, the Agency included an 

additional set of catch and bycatch 

estimates based on circle hook data 

which were not included in the Draft 

EA. Thus, NMFS has analyzed a range 

of potential impacts ranging from the 

worst case scenario using pre-closure Jhook data, to more conservative 

estimates based on 18/0 circle hook 

data. The additional analyses with 18/ 

0 circle hook data further support the 

conclusion that the anticipated 

ecological impacts of the research 

fishery on target and non-target species 

are expected to be minor. For example, 

based on 18/0 circle hooks with a 10 

degree offset (POP data 2004–2005), 

NMFS estimates that, under the 

preferred alternative, two white marlin 

will be discarded alive and five 

discarded dead, and two blue marlin 

will be discarded alive and two 

discarded dead. For sea turtles, two 

leatherback and one loggerhead sea 

turtle interactions are predicted to occur 

based on the 18/0 circle hooks with 10 

degree offset. For marine mammals, 

only three interactions occurred in the 

proposed research area from 1995–2000. 

They included one pilot whale, one 

Risso’s dolphin, and one spinner 

dolphin. Although eleven interactions 

were reported from 1993–2005 in the 

Florida East Coast (FEC) and South 

Atlantic Bight (SAB) statistical sampling 

areas, only three of those interactions 

occurred in the proposed research area. 

NMFS anticipates few interactions with 

marine mammals due to the location of 

the research fishery and the limited 

amount of fishing effort that is part of 

this pilot research project, particularly 

in comparison to past fishing effort in 

the area. Fewer than 10 bluefin tuna 

interactions are expected to occur, and 

the bulk of the catch will be comprised 

of swordfish and yellowfin tuna, with 

an predicted 870 swordfish retained, 

373 discarded alive, and 145 potentially 

discarded dead, and 346 yellowfin 

retained, 49 discarded dead, and 27 

discarded alive based on 18/0 circle 

hook data. 

Projections based on data from 1995–

2000 were used to analyze the worst 

case scenario (i.e., use of pre-closure Jhook data from the POP 1995–2000). 

Based on that data, NMFS predicts at 

most two interactions with leatherback 

sea turtles and six interactions with 

loggerhead sea turtles are predicted to 

occur in the proposed research area. 

Given the significantly lower interaction 

and mortality rates of sea turtles with 

18/0 circle hooks, this action is not 

expected to significantly increase 

fishery interactions with, or mortalities 

of, sea turtles. The predicted 

interactions would not cause the 

Incidental Take Statement (ITS) in the 

2004 Biological Opinion for the PLL 

fishery to be exceeded and would not be 

likely to jeopardize the continued 

existence of sea turtles. Incidental takes 

of, or interactions with, protected 

species that are listed as threatened or 

endangered under the Endangered 

Species Act taking place under the 

research fishery would be counted 

against the authorized incidental take 

levels specified in the 2004 ITS in the 

Biological Opinion for the PLL fishery. 

In addition to sea turtles, the Final EA 

includes similar analyses of PLL and 

POP data from 1995–2000 pre-closure Jhook data, as well as 18/0 circle hook 

data, on catch rates, live and dead 

discard rates, and retained numbers of 

swordfish, bluefin, yellowfin, and 

bigeye tunas, blue and white marlin, 

sailfish, spearfish, large coastal sharks, 

pelagic sharks, sandbar sharks, and 

dusky sharks. Based on the worst case 

scenario from the POP data, and 

applying predicted fishing effort in the 

research fishery to pre-closure J-hook 

catch rates, an estimated 1,083 

swordfish are predicted to be retained, 

973 discarded alive, and 360 discarded 

dead; zero (0) bluefin tuna are predicted 

to be caught or discarded; nine white 

marlin are predicted to be discarded 

alive and 13 dead; 10 blue marlin are 

predicted to be discarded alive and 14 

dead; 113 large coastal sharks are 

predicted to be kept; 124 discarded 

alive, and 50 discarded dead (depending 

upon available quota); and 21 pelagic 

sharks are predicted to be kept, 81 

discarded alive, and 11 discarded dead 

(depending upon available quota). 

Given the known and anticipated 

mortality reduction benefits of circle 

hooks for Atlantic HMS relative to Jhooks, the estimates above are likely 

over-estimates. As a result, this action is 

not expected to significantly increase 

the retention or bycatch of HMS. 

All fishing activities would be 

monitored by Federal fisheries observers 

or NMFS trained research staff to 

provide data on longline gear 

configuration; target and incidental 

catch; bycatch of billfish, juvenile 

swordfish, and bluefin tuna; and sea 

turtle interactions. NMFS currently 

collects this information on selected 

PLL vessels through the POP. 

Even though research effort 

necessarily will result in an increase in 

fishing effort (from complete closure to 


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452 Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices 

limited scientific access) an increase in 

fishing effort across the entire fishery is 

not anticipated because vessels 

participating in the research fishery 

would have otherwise been fishing 

commercially for HMS in other, open 

areas. 

The regulations that prohibit the 

proposed activities absent issuance of 

an EFP include requirements for vessel 

reporting (50 CFR 635.4) and fishing in 

a closed area (50 CFR 635.21(c)(2)). 

BILLING CODE 3510–22–S 


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pwalker on PROD1PC71 with NOTICESEN03JA08.047</GPH>
454 Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices 

TABLE 1. COORDINATES OF THE PROPOSED RESEARCH AREA (PREFERRED ALTERNATIVE 3) SHOWN IN FIGURE 1 BEGINNING

WITH LOCATION NUMBER 1 AND PROCEEDING CLOCKWISE THROUGH LOCATION NUMBER 12. 

Point 

N. Latitude W. Longitude 

Degrees Minutes Seconds Degrees Minutes Seconds 

1 34 0 0 76 0 0 

2 31 0 0 76 0 0 

3 31 0 0 78 0 0 

4 28 17 6.9 79 11 54.5 

5 28 0 0 79 23 47.9 

6 28 0 0 79 40 0 

7 31 0 0 79 40 0 

8 31 0 0 79 54 38.9 

9 31 47 7.2 78 21 50.5 

10 32 29 12.1 78 40 21.0 

11 33 5 35.8 77 27 15.7 

12 34 0 0 76 15 26.5 

All other relevant regulations 

concerning HMS at 50 CFR part 635 

would apply. 

Authority: 16 U.S.C. 971 et seq. and 16 

U.S.C. 1801 et seq. 

Dated: December 21, 2007. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–6290 Filed 1–2–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XE75 

Marine Mammals; File No. 782–1676 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

amendment. 

SUMMARY: Notice is hereby given that 

the National Marine Mammal 

Laboratory, 7600 Sand Point Way N.E., 

Seattle, WA, 98115 has been issued an 

amendment to Scientific Research 

Permit No. 782–1676–01, for research 

on marine mammals. 

ADDRESSES: The amendment and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams, (301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

requested amendment has been granted 

under the authority of the Marine 

Mammal Protection Act of 1972, as 

amended (16 U.S.C. 1361 et seq.) and 

the regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

The original permit (No. 782–1676–

00), issued on December 4, 2002 (67 FR 

76728) authorized research on harbor 

seals (Phoca vitulina) and spotted seals 

(P. largha) in Alaska through December 

31, 2007. Research activities covered by 

the original permit include aerial 

surveys and live captures of seals. 

Captured seals may be tagged, and have 

scientific instruments attached and 

various tissue samples collected. The 

original permit was modified by ‘‘minor 

amendment’’ in May 2004. The minor 

amendment (No. 782–1676–01) added 

permission to harass seals incidental to 

installation and periodic maintenance of 

camera systems. The current 

amendment (No. 782–1676–02) extends 

the duration of the permit through 

December 31, 2008. 

Dated: December 26, 2007. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–25582 Filed 1–2–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 08–15] 

36(b)(1) Arms Sale Notification 

AGENCY: Department of Defense, Defense 

Security Cooperation Agency. 

ACTION: Notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of a 

section 36(b)(1) arms sale notification. 

This is published to fulfill the 

requirements of section 155 of Public 

Law 104–164 dated 21 July 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

B. English, DSCA/DBO/CFM, (703) 601–

3740. 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittals 08–15 

with attached transmittal, policy 

justification, and Sensitivity of 

Technology. 


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