Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 25665 

of this order unless otherwise 

specifically excluded. The following 

products are specifically excluded from 

the order: (1) products clad, plated, or 

coated with metal, whether or not 

painted, varnished or coated with 

plastic or other non-metallic substances; 

(2) SAE grades (formerly AISI grades) of 

series 2300 and above; (3) products 

made to ASTM A710 and A736 or their 

proprietary equivalents; (4) abrasion–

resistant steels (i.e., USS AR 400, USS 

AR 500); (5) products made to ASTM 

A202, A225, A514 grade S, A517 grade 

S, or their proprietary equivalents; (6) 

ball bearing steels; (7) tool steels; and (8) 

silicon manganese steel or silicon 

electric steel. 

The merchandise subject to the order 

is currently classifiable under the 

HTSUS under subheadings: 

7208.40.3030, 7208.40.3060, 

7208.51.0030, 7208.51.0045, 

7208.51.0060, 7208.52.0000, 

7208.53.0000, 7208.90.0000, 

7210.70.3000, 7210.90.9000, 

7211.13.0000, 7211.14.0030, 

7211.14.0045, 7211.90.0000, 

7212.40.1000, 7212.40.5000, 

7212.50.0000, 7225.40.3050, 

7225.40.7000, 7225.50.6000, 

7225.99.0090, 7226.91.5000, 

7226.91.7000, 7226.91.8000, 

7226.99.0000. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

merchandise covered by the order is 

dispositive. 

Rescission of Review 

If a party that requested a review 

withdraws the request within 90 days of 

the date of publication of the notice of 

initiation of the requested review, the 

Secretary will rescind the review, in 

whole or in part, pursuant to 19 CFR 

351.213(d)(1). In this case, DSM 

withdrew its request for an 

administrative review within 90 days 

from the date of initiation. No other 

interested party requested a review of 

DSM and we have received no 

comments regarding the respondent’s 

withdrawal of its request for a review. 

Therefore, consistent with 19 CFR 

351.213(d)(1), we are rescinding this 

review of the countervailing duty order 

on certain cut–to-length carbon–quality 

steel plate from Korea with respect to 

DSM. 

The Department intends to issue 

assessment instructions to U.S. Customs 

and Border Protection (CBP) 15 days 

after the publication of this notice. The 

Department will direct CBP to assess 

countervailing duties at the cash deposit 

rate in effect on the date of entry for 

entries during the period January 1, 

2007, through December 31, 2007. 

This notice is in accordance with 

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

1930, as amended and 19 CFR 

251.213(d)(4). 

Dated: April 30, 2008. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E8–10090 Filed 5–6–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Malcolm Baldrige National Quality 

Award Board of Overseers 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, 5 U.S.C. app. 

2, notice is hereby given that there will 

be a meeting of the Board of Overseers 

of the Malcolm Baldrige National 

Quality Award on June 4, 2008. The 

Board of Overseers is composed of 

eleven members prominent in the fields 

of quality, innovation, and performance 

excellence and appointed by the 

Secretary of Commerce, assembled to 

advise the Secretary of Commerce on 

the conduct of the Baldrige Award. The 

purpose of this meeting is to discuss 

and review information received from 

the National Institute of Standards and 

Technology with the members of the 

Judges Panel of the Malcolm Baldrige 

National Quality Award. The agenda 

will include: Baldrige Program budget 

update; Revisions to the award 

eligibility rules; Baldrige Collaborative 

activities; and the Baldrige Body of 

Knowledge and Baldrige Fellows 

Initiatives. 

DATES: The meeting will convene June 

4, 2008, at 8:30 a.m. and adjourn at 

3 p.m. on June 4, 2008. 

ADDRESSES: The meeting will be held at 

the National Institute of Standards and 

Technology, Administration Building, 

Lecture Room A, Gaithersburg, 

Maryland 20899. All visitors to the 

National Institute of Standards and 

Technology site will have to pre-register 

to be admitted. Please submit your 

name, time of arrival, e-mail address 

and phone number to Diane Harrison no 

later than Tuesday, June 3, 2008, and 

she will provide you with instructions 

for admittance. Ms. Harrison’s e-mail 

address is diane.harrison@nist.gov and 

her phone number is (301) 975–2361. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Harry Hertz, Director, National Quality 

Program, National Institute of Standards 

and Technology, Gaithersburg, 

Maryland 20899, telephone number 

(301) 975–2361. 

Dated: May 1, 2008. 

James M. Turner, 

Deputy Director. 

[FR Doc. E8–10092 Filed 5–6–08; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–AW65 

Atlantic Highly Migratory Species; 

Atlantic Shark Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Stock Status Determinations; 

Notice of Intent (NOI) to prepare an 

Environmental Impact Statement (EIS); 

request for comments. 

SUMMARY: Based on the 2007 small 

coastal sharks (SCS) stock assessment, 

NMFS is declaring blacknose sharks to 

be overfished with overfishing 

occurring. As such, NMFS announces 

its intent to prepare an EIS under the 

National Environmental Policy Act 

(NEPA). This EIS would assess the 

potential effects on the human 

environment of the proposed action 

taken to rebuild blacknose sharks and 

prevent overfishing per the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). The EIS would amend the 2006 

Consolidated Highly Migratory Species 

(HMS) Fishery Management Plan (FMP) 

and examine management alternatives 

available to rebuild blacknose sharks. 

NMFS is requesting comments on a 

range of commercial and recreational 

management measures in both directed 

and incidental fisheries including, but 

not limited to, quota levels, regional and 

seasonal quotas, retention limits, 

minimum sizes, and time/area closures. 

DATES: Comments on this action must be 

received no later than 5 p.m., local time, 

on August 5, 2008. 

ADDRESSES: Written comments on this 

action should be mailed to Karyl 

Brewster-Geisz, Highly Migratory 

Species Management Division by any of 

the following methods: 

• Email: SCSlScoping@noaa.gov. 


sroberts on PROD1PC70 with NOTICES
25666 Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 

• Written: 1315 East-West Highway, 

Silver Spring, MD 20910. Please mark 

the outside of the envelope ‘‘Scoping 

Comments on Amendment 3 to HMS 

FMP.’’

• Fax: (301) 713–1917. 

For a copy of the stock assessments, 

please contact Jessica Beck (301) 713–

2347. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster-Geisz (301) 713–2347 or 

Jackie Wilson (240) 338–3936. 

SUPPLEMENTARY INFORMATION:

The Atlantic shark fisheries are 

managed under the authority of the 

Magnuson-Stevens Act. The 

Consolidated HMS FMP is implemented 

by regulations at 50 CFR part 635. 

Determination of Overfished Shark 

Fisheries 

NMFS’ determination of the status of 

a stock relative to overfishing and an 

overfished condition is based on both 

the removal of fish from the stock 

through overfishing (the exploitation 

rate) and the current stock size. 

Thresholds used to determine the status 

of Atlantic HMS are fully described in 

Chapter 3 of the 1999 FMP for Atlantic 

Tunas, Swordfish, and Shark. A species 

is considered overfished when the 

current biomass is less than the 

minimum stock size threshold. The 

minimum stock size threshold is 

determined based on the natural 

mortality of the stock and the biomass 

at maximum sustainable yield (BMSY). 

Maximum sustainable yield is the 

maximum long-term average yield that 

can be produced by a stock on a 

continuing basis. The biomass can be 

lower than BMSY, and the stock not 

declared overfished as long as the 

biomass is above the biomass at the 

minimum stock size threshold. 

Overfishing may be occurring on a 

species if the current fishing mortality is 

greater than the fishing mortality (F) at 

maximum sustainable yield (FMSY) 

(F>FMSY). In the case of F, the maximum 

fishing mortality threshold is FMSY. 

Thus, if F exceeds FMSY, the stock is 

experiencing overfishing. 

A. Small Coastal Sharks (SCS) 

The latest 2007 stock assessment of 

SCS in the U.S. Atlantic and Gulf of 

Mexico was recently completed (72 FR 

63888, November 13, 2007). This peerreviewed assessment, which was 

conducted according to the Southeast 

Data, Assessment, and Review (SEDAR) 

process, provides an update from the 

2002 stock assessment on the status of 

SCS stocks and projects their future 

abundance under a variety of catch 

levels in the U.S. Atlantic Ocean, Gulf 

of Mexico, and Caribbean Sea. The 2007 

assessment includes updated catch 

estimates, new biological data, and a 

number of fishery-independent catch 

rate series, as well as fishery-dependent 

catch rate series. 

The peer reviewers determined that 

the data used in the 2007 stock 

assessment of the SCS complex and the 

individual species within the complex 

were considered the best available at the 

time and the assessment was considered 

adequate. However, because the species 

were individually assessed, the peer 

reviewers recommended using speciesspecific results rather than on the 

aggregated SCS complex results. As a 

result of this recommendation, and 

because the stock assessment covered 

all SCS species, NMFS will no longer 

provide status updates or 

determinations on the SCS complex as 

a whole. 

B. Finetooth Sharks 

According to the 2002 SCS stock 

assessment, finetooth sharks were 

experiencing overfishing. However, the 

2007 SCS stock assessment found that 

finetooth sharks are not overfished 

(N2005/NMSY = 1.80) and overfishing is 

not occurring (F2005/FMSY = 0.17) (Table 

1). Based on this, NMFS has determined 

that finetooth sharks are not overfished 

and no overfishing is occurring. 

However, NMFS also notes that while 

the peer reviewers agreed that it is 

reasonable to conclude that the stock is 

not currently overfished, they also 

indicated that given the limited data 

available on the population dynamics 

for finetooth, management should be 

cautious. 

C. Blacknose Sharks 

The 2002 SCS stock assessment found 

that blacknose were not overfished and 

overfishing was not occurring. However, 

the 2007 stock assessment for blacknose 

sharks indicates that spawning stock 

fecundity (SSF), i.e., number of 

reproductive-age individuals in a 

population, in 2005 and during 2001–

2005 was smaller than SSFMSY (SSF2005/ 

SSFMSY = 0.48) (Table 1). Therefore, 

NMFS has determined that blacknose 

sharks are overfished. In addition, the 

estimate of fishing mortality rate in 2005 

and the average for 2001–2005 was 

greater than FMSY, and the ratio was 

substantially greater than 1 in both cases 

(F2005/FMSY = 3.77). Based on these 

results, NMFS has determined that 

blacknose sharks are experiencing 

overfishing. The assessment 

recommended a rebuilding plan with 70 

percent probability of recovering to 

SSFMSY by 2019. This recommended 

rebuilding time is 11 years from 2009. 

A constant TAC of 19,200 individuals 

would lead to rebuilding with 70 

percent probability by 2027. The 

constant TAC also allows for rebuilding 

with 50 percent confidence by 2024. 

D. Atlantic Sharpnose Sharks 

The 2002 SCS stock assessment found 

that Atlantic sharpnose sharks were not 

overfished and overfishing was not 

occurring. The 2007 assessment for 

Atlantic sharpnose sharks also indicated 

that the stock is not overfished (SSF2005/ 

SSFMSY = 1.47) and that no overfishing 

is occurring (F2005/FMSY = 0.74) (Table 

1). Based on these results, NMFS has 

determined that the Atlantic sharpnose 

sharks are not overfished with no 

overfishing occurring. However, because 

estimates of F from the assessment 

indicate that F is close to, but presently 

below, FMSY (i.e., overfishing is not 

occurring), the peer reviewers suggest 

setting a threshold for F to keep it below 

the FMSY threshold to prevent 

overfishing in the future. 

E. Bonnethead Sharks 

Based on the bonnethead stock 

assessment, the peer reviewers 

determined that bonnethead sharks are 

not overfished (SSF2005/SSFMSY = 1.13). 

In addition, the estimate of fishing 

mortality rate in 2005 was less than 

FMSY, (F2005/FMSY = 0.61) (Table 1), thus 

overfishing was not occurring. As a 

result, NMFS has determined that 

bonnethead sharks are not overfished 

with no overfishing occurring. However, 

fishing mortality rates in the recent past 

have fluctuated above and below FMSY. 

Copies of the 2007 SCS stock 

assessment are available for review (see 

ADDRESSES). 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 25667 

TABLE 1. SUMMARY TABLE OF BIOMASS AND FISHING MORTALITY FOR SMALL COASTAL SHARKS SCS). 

Source: SEDAR 13 Stock Assessment Panel, July 9, 2007. Age-structured State-Space Age-Structured Production Models (SPASMs) were used 

for bonnethead, Atlantic sharpnose, and blacknose sharks. Surplus production Bayesian Surplus Production (BSP) models were used for the 

SCS complex and finetooth sharks. 

Species Current Relative Biomass 

Level*

Current Biomass 

(N2005) 

Stock Abundance 

(NMSY) 

Minimum 

Stock Size 

Threshold 

(MSST) 

Current Relative Fishing 

Mortality Rate 

(F2005/FMSY) 

Maximum 

Fishing Mortality Threshold 

(FMSY) 

Outlook 

Atlantic Sharpnose 

Sharks 

1.47 

(SSF2005/ 

SSFMSY) 

5.96E+06 4.45E+06 4.09E+06 0.74 0.19 Not overfished; overfishing is not 

occurring 

Blacknose Sharks 0.48 

(SSF2005/ 

SSFMSY) 

3.49E+05 5.7E+05 4.3E+05 3.77 0.07 Overfished; 

Overfishing is 

occurring 

Bonnethead Sharks 1.13 

(SSF2005/ 

SSFMSY) 

1.59E+06 1.92E+06 1.4E+06 0.61 0.31 Not overfished; overfishing is not 

occurring 

Finetooth Sharks 1.80 

(N2005/NMSY) 

6.00E+06 3.20E+06 2.4E+06 0.17 0.03 Not overfished; Overfishing is not 

occurring 

*

Spawning stock fecundity (SSF) or spawning stock number (SSN) was used as a proxy of biomass when biomass (B) does not influence pup 

production in sharks. For finetooth stocks, N was used to estimate biomass levels due to data limitations; therefore, only surplus production models were run. 

Request for Comments 

Currently, both commercial and 

recreational fishermen may target 

Atlantic sharpnose, blacknose, 

finetooth, and bonnethead sharks. 

Commercial regulations for SCS species 

include, but are not limited to, no 

retention limit for directed permit 

holders, 16 pelagic and SCS species 

combined per vessel per trip for 

incidental permit holders, and annual 

quota of 454 mt dw split between three 

regions (North Atlantic, South Atlantic, 

and Gulf of Mexico). Amendment 2 to 

the Consolidated HMS FMP proposed 

combining the SCS regions into one (71 

FR 41392). Recreational regulations for 

SCS species include, but are not limited 

to, retention limit of 1 shark per vessel 

per trip with a 4.5–ft (54–in) fork length 

minimum size, plus 1 Atlantic 

sharpnose and 1 bonnethead per person 

per trip (no minimum size). 

NMFS anticipates changes to shark 

management as a result of the latest SCS 

stock assessment and requests 

comments on a variety of management 

options for this action. Specifically, 

NMFS requests comments on 

commercial management options 

including, but not limited to, quota 

levels, regional and seasonal quotas, trip 

limits, minimum sizes, quota 

monitoring, authorized gears, permit 

structure, and prohibited species. In 

addition, NMFS is seeking comments on 

recreational management options 

including, but not limited to, retention 

limits, minimum sizes, authorized gears, 

and landing requirements. NMFS also 

seeks comments on display quotas and 

collection of sharks through exempted 

fishing permits, display permits, and 

scientific research permits. Comments 

received on this action will assist NMFS 

in determining the options for 

rulemaking to conserve and manage 

shark resources and shark fisheries, 

consistent with the Magnuson-Stevens 

Act and the Consolidated HMS FMP. 

Specifically, comments are requested on 

management measures to reduce fishing 

mortality on blacknose sharks in shrimp 

trawl fisheries because a significant 

proportion of fishing mortality is 

occurring in these fisheries as bycatch. 

NMFS will hold scoping meetings to 

gather public comment on the 

implementation of new management 

measures for SCS (time and location 

details of which will be announced in 

a subsequent Federal Register 

notification). 

Based on the 2007 stock assessment, 

NMFS believes the implementation of 

new management measures via an 

amendment to the Consolidated HMS 

FMP is necessary to rebuild blacknose 

sharks. NMFS anticipates completing 

this amendment and any related 

documents by January 1, 2010. 

Dated: May 1, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1225 Filed 5–2–08; 2:04 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Federal Consistency Appeals by 

Weaver’s Cove Energy, LLC, and Mill 

River Pipeline, LLC 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (Commerce). 

ACTION: Notice of closure—

administrative appeal decision records. 

SUMMARY: This announcement provides 

notice that the decision records for two 

administrative appeals filed with the 

Department of Commerce by Weaver’s 

Cove Energy, LLC, and Mill River 

Pipeline, LLC, have been closed. 

DATES: The decision records for these 

two administrative appeals were closed 

on May 5, 2008. 

ADDRESSES: Materials from the appeal 

records are available at the Internet site 

http://www.ogc.doc.gov/czma.htm and 

at the Office of General Counsel for 

Ocean Services, National Oceanic and 

Atmospheric Administration, U.S. 


sroberts on PROD1PC70 with NOTICES