9544 Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices 

provided in NMFS’ 1998 EA led NMFS 

to conclude that implementation of the 

preferred alternative identified in the 

EA would not have a significant impact 

on the human environment. In 

considering the adequacy of NMFS’

1998 EA for analysis of potential 

environmental consequences associated 

with the 2008 proposed authorizations, 

NMFS conducted an informal review 

and analysis of that EA and prepared a 

supplemental EA (SEA) to address the 

following specific issues: (1) purpose 

and need; (2) affected environment to 

include spotted seals; (3) environmental 

consequences to include spotted seals; 

(4) cumulative impacts analysis; and (5) 

revised mitigation and monitoring 

measures. NMFS believes that the 

information in NMFS’ 1998 EA remains 

valid, except as noted or modified in the 

SEA. Therefore, an Environmental 

Impact Statement was not prepared. 

NMFS issued a Finding of No 

Significant Impact Statement on 

February 14, 2008. 

Determinations 

For the reasons discussed in this 

document and in the identified 

supporting documents, NMFS has 

determined that the impact of the on-ice 

marine geophysical and seismic surveys 

by Veritas and SOI would result, at 

worst, in Level B harassment of small 

numbers of ringed seals, and that such 

taking will have no more than a 

negligible impact on this species. In 

addition, NMFS has determined that 

bearded and spotted seals, if present 

within the vicinity of the project area 

could also be taken incidentally, by no 

more than Level B harassment and that 

such taking would have a negligible 

impact on such species or stocks. 

Although there is not a specific number 

assessed for the taking of bearded and 

spotted seals due to their rare 

occurrence in the project area, NMFS 

believes that any take would be 

significantly lower than those of ringed 

seals and would be small relative to the 

overall population of spotted and 

bearded seals. NMFS also finds that the 

action will not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence uses. 

In addition, no take by Level A 

harassment (injury) or death is 

anticipated or authorized, and 

harassment takes should be at the 

lowest level practicable due to 

incorporation of the mitigation 

measures described in this document. 

Authorization 

NMFS has issued two IHAs to Veritas 

and one IHA to SOI for the potential 

Level B harassment of small numbers of 

ringed seals, and potential Level B 

harassment of small numbers of bearded 

and spotted seals incidental to 

conducting on-ice marine geophysical 

and seismic surveys in the U.S. Beaufort 

Sea, provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: February 14, 2008. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–3257 Filed 2–20–08; 8:45 am] 

BILLING CODE 3510–22–S 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Determination under the Textile and 

Apparel Commercial Availability 

Provision of the Dominican RepublicCentral America-United States Free 

Trade Agreement (CAFTA-DR 

Agreement) 

February 15, 2008. 

AGENCY: The Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Determination to add a product 

in unrestricted quantities to Annex 3.25 

of the CAFTA-DR Agreement 

EFFECTIVE DATE: February 21, 2008. 

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(CITA) has determined that certain 

composite fabrics, as specified below, 

are not available in commercial 

quantities in a timely manner in the 

CAFTA-DR countries. The product will 

be added to the list in Annex 3.25 of the 

CAFTA-DR Agreement in unrestricted 

quantities. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-3651. 

FOR FURTHER INFORMATION ONLINE: http://web.ita.doc.gov/tacgi/ 

CaftaReqTrack.nsf.Reference number: 

38.2007.12.26.Fabric.Columbia 

SportswearCo. 

SUPPLEMENTARYINFORMATION: 

Authority: Section 203(o)(4) of the 

Dominican Republic-Central America-United 

States Free Trade Agreement Implementation 

Act (CAFTA-DR Act); the Statement of 

Administrative Action (SAA) accompanying 

the CAFTA-DR Act; Presidential 

Proclamations 7987 (February 28, 2006) and 

7996 (March 31, 2006). 

BACKGROUND: 

The CAFTA-DR Agreement provides a 

list in Annex 3.25 for fabrics, yarns, and 

fibers that the Parties to the CAFTA-DR 

Agreement have determined are not 

available in commercial quantities in a 

timely manner in the territory of any 

Party. The CAFTA-DR Agreement 

provides that this list may be modified 

pursuant to Article 3.25(4)-(5), when the 

President of the United States 

determines that a fabric, yarn, or fiber is 

not available in commercial quantities 

in a timely manner in the territory of 

any Party. See Annex 3.25, Note; see 

also section 203(o)(4)(C) of the CAFTADR Act. 

The CAFTA-DR Act requires the 

President to establish procedures 

governing the submission of a request 

and providing opportunity for interested 

entities to submit comments and 

supporting evidence before a 

commercial availability determination is 

made. In Presidential Proclamations 

7987 and 7996, the President delegated 

to CITA the authority under section 

203(o)(4) of the CAFTA-DR Act for 

modifying the Annex 3.25 list. On 

March 21, 2007, CITA published final 

procedures it would follow in 

considering requests to modify the 

Annex 3.25 list (72 FR 13256). 

On December 26, 2007, CITA received 

a commercial availability request from 

Columbia Sportswear Company 

(Columbia) for a composite fabric 

consisting of a woven face fabric and a 

knit backing fabric laminated together 

by means of a chemical adhesive, of the 

specifications detailed below. On 

December 28, 2007, in accordance with 

CITA’s procedures , CITA notified 

interested parties of, and posted on its 

website, the accepted petition and 

requested that interested entities 

provide by January 10, 2008, a response 

advising of its objection to the 

commercial availability request or its 

ability to supply the subject product. 

CITA also explained that rebuttals to 

responses were due to CITA by January 

16, 2008. 

On January 7, 2008, Polartec, LLC 

(Polartec) submitted a response with an 

offer to supply, advising CITA of its 

objection to the request and explaining 

its ability to supply the fabric as 

specified in the request in commercial 

quantities in a timely manner. In its 

response, Polartec explained that it had 

been contacted by Columbia and that it 

had engaged in extensive discussions 

regarding development and production 

of the fabric. Polartec claimed that the 

sample fabric it had provided Columbia 

in November 2007 was a substitutable 

product and a reasonable alternative to 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices 9545 

the specified product. Polartec further 

stated that while there had been some 

difficulties in sourcing one component 

of the final fabric, a woven face fabric, 

that product was currently available, 

and that any concerns Columbia had 

with respect to the sample previously 

provided could be addressed. 

On January 16, 2008, Columbia 

submitted its rebuttal to Polartec’s 

response. In its submission, Columbia 

indicated that it had made significant 

efforts to produce the fabric with 

Polartec, and had provided the company 

ample opportunity to develop the 

product. Columbia argued that despite 

its efforts to source the product from 

Polartec, Polartec was unable to 

substantiate its claims that it could 

produce the fabric as specified in a 

timely manner. Columbia asserted that 

Polartec’s inability to source different 

components of the final fabric as 

specified, namely the woven face fabric 

and the embossing, was the reason that 

the sample provided by Polartec 

differed substantially from the 

specifications Columbia required. 

Therefore, Columbia argued that 

Polartec is unable to supply the fabric 

in question in a timely manner. 

On January 24, 2008, in accordance 

with section 203(o)(4) of the CAFTA-DR 

Act, Article 3.25 of the CAFTA-DR 

Agreement, and section 8(c)(4) of CITA’s 

procedures, because there was 

insufficient information to make a 

determination within 30 days, CITA 

extended the period of making a 

determination by 14 U.S. business days. 

On February 6, 2008, in accordance 

with section 8(c)(4)(i) of CITA’s final 

procedures, CITA held a public meeting 

with representatives from Columbia, 

Polartec, and Burlington Worldwide, 

during which the interested entities 

presented evidence and arguments to 

CITA regarding Polartec’s stated ability 

to provide the subject fabric in 

commercial quantities in a timely 

manner. 

Section 203(o)(4)(C)(ii) of the CAFTADR Act provides that after receiving a 

request, a determination will be made as 

to whether the subject product is 

available in commercial quantities in a 

timely manner in the CAFTA-DR 

countries. In the instant case, the 

information on the record clearly 

indicates that Columbia made 

significant efforts to source the fabric in 

the CAFTA-DR region, specifically from 

Polartec, and that Polartec cannot 

supply the specified fabric in a timely 

manner. Therefore, in accordance with 

section 203(o) of the CAFTA-DR Act, 

and its procedures, as no interested 

entity has substantiated its ability to 

supply the subject product in 

commercial quantities in a timely 

manner, CITA has determined to add 

the specified fabric to the list in Annex 

3.25 of the CAFTA-DR Agreement. 

The subject fabric is added to the list 

in Annex 3.25 of the CAFTA-DR 

Agreement in unrestricted quantities. A 

revised list has been published on-line. 

CITA notes that, in accordance with 

section 203(o)(4) of the CAFTA-DR Act, 

Article 3.25 of the CAFTA-DR 

Agreement, and section 9 of CITA’s 

procedures, an interested entity may 

request CITA to remove or restrict the 

quantity of a product listed in Annex 

3.25 six months after the product has 

been added. If CITA determines that the 

product is available in commercial 

quantities, or restricted quantities, in a 

timely manner in the CAFTA-DR 

countries, CITA will publish in the 

Federal Register a notice of its 

determination of removal or restriction. 

Accordingly, the product will be 

removed from the Annex 3.25 list, or its 

quantity restricted, six months after the 

publication date of CITA’s 

determination. 

Specifications: 

HTS Subheading: 6001.22 

(a) Woven Face Fabric: 

Fiber Content: 100% textured polyester with mechanical stretch 

Average Yarn Number: 

Warp: 114-126 metric/72 filament polyester 

(71-79 denier/72 filament polyester) 

Filling: 107-118 metric/72 filament polyester 

(76-84 denier/72 filament polyester) 

Thread Count: 54-60 warp ends per centimeter x 

45-50 filing picks per centimeter(137-152 warp 

end per inch x (114-126 filling picks per inch) 

Weave Type: 2x2 twill with mechanical stretch 

Weight: 100-110 grams per square meter (2.9-3.3 

ounces per square yard) 

Finish: Piece dyed or printed; piece dyed or printed and embossed with engraved rollers 

(b) Knit Back Fabric: 

Knit: 2 thread circular knit fleece (looped pile knit) 

Average Yarn Number: 

Face yarn: 114 -127 metric/36 filament (71- 

79 denier/36 filament) 

Fleece yarn: 114-127 metric/144 filament 

(71-79 denier / 144 filament) 

Machine Gauge: 24 

Weight: 133-147 grams/sq. meter (3.9-4.3 oz. sq 

yd) 

Finish: Piece dyed or printed; piece dyed or printed and embossed with engraved rollers 

NOTES: Face fabric treated with a durable water 

repellent finish that passes the AATCC Test ι22; 

Fabrics joined with a dot matrix adhesive; Fleece 

fabric has a mechanical anti-pill finish achieved 

by shearing the technical back and tumbling in 

the presence of heat. 

≤Width: Minimum cuttable width of composite fabric 

is 143.5 cm (56.5 inches). 

R. Matthew Priest, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. 08–784 Filed 2–15–08; 1:42 pm] 

BILLING CODE 3510–DS–S 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Determination under the Textile and 

Apparel Commercial Availability 

Provision of the Dominican RepublicCentral America-United States Free 

Trade Agreement (CAFTA-DR 

Agreement) 

February 15, 2008. 

AGENCY: The Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Determination to add a product 

in unrestricted quantities to Annex 3.25 

of the CAFTA-DR Agreement. 

EFFECTIVE DATE: February 21, 2008. 

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(CITA) has determined that certain wool 

blend coating fabrics, as specified 

below, are not available in commercial 

quantities in a timely manner in the 

CAFTA-DR countries. The product will 

be added to the list in Annex 3.25 of the 

CAFTA-DR Agreement in unrestricted 

quantities. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-3651. 

FOR FURTHER INFORMATION ONLINE: http://web.ita.doc.gov/tacgi/ 

CaftaReqTrack.nsf.Reference number: 

39.2008.01.16.Fabric.Alston&BirdRothschild&Co. 

SUPPLEMENTARYINFORMATION: 

Authority: Section 203(o)(4) of the 

Dominican Republic-Central America-United 

States Free Trade Agreement Implementation 

Act (CAFTA-DR Act); the Statement of 

Administrative Action (SAA), accompanying 

the CAFTA-DR Act; Presidential 

Proclamations 7987 (February 28, 2006) and 

7996 (March 31, 2006). 

BACKGROUND: 

The CAFTA-DR Agreement provides a 

list in Annex 3.25 for fabrics, yarns, and 

fibers that the Parties to the CAFTA-DR 

Agreement have determined are not 

available in commercial quantities in a 

timely manner in the territory of any 

Party. The CAFTA-DR Agreement 

provides that this list may be modified 

pursuant to Article 3.25(4)-(5), when the 

President of the United States 

determines that a fabric, yarn, or fiber is 

not available in commercial quantities 


pwalker on PROD1PC71 with NOTICES