Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 31421 

allowed. At the March 2010 Council 

meeting, the Council reviewed an EFP 

application that proposed to utilize the 

entire 5,000 mt set aside. The applicants 

proposed the use of 4200 mt to replicate 

the summer survey conducted under the 

EFP approved in 2009 and expand the 

sample size and area covered. In 

addition to the summer survey, the 

applicants proposed to use 800 mt of the 

set aside to run a fall pilot project to test 

the viability of alternative tools and 

methodologies. The proposal went 

forward for public comment and was 

reviewed by the Council again at their 

April meeting, at which time the 

Council recommended that NMFS 

approve and issue the EFP. 

One of the goals set forth in the EFP 

application is the development of an 

index of biomass for Pacific sardine, 

with the desire that this index be 

included in the subsequent Pacific 

sardine stock assessment. If NMFS 

determines that an EFP cannot be 

issued, then the set aside will be re 

allocated to the third period’s directed 

harvest allocation. Any research set 

aside attributed to an EFP for use during 

the closed fishing time in the second 

allocation period (prior to September 

15), but not utilized, will roll into the 

third allocation period’s directed 

fishery. Any research set aside 

attributed to an EFP for use during the 

closed fishing time in the third 

allocation period, but not utilized, will 

not be re-allocated. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: May 28, 2010. 

Carrie Selberg, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–13316 Filed 6–2–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW53 

Atlantic Coastal Fisheries Cooperative 

Management Act Provisions; 

Application for Exempted Fishing 

Permit; Horseshoe Crabs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of a proposal to 

conduct exempted fishing; request for 

comments. 

SUMMARY: The Acting Director, Office of 

Sustainable Fisheries, has made a 

preliminary determination that the 

subject exempted fishing permit (EFP) 

application submitted by Limuli 

Laboratories of Cape May Court House, 

New Jersey, contains all the required 

information and warrants further 

consideration. The proposed EFP would 

allow the harvest of up to 10,000 

horseshoe crabs from the Carl N. 

Shuster Jr. Horseshoe Crab Reserve for 

biomedical purposes and require, as a 

condition of the EFP, the collection of 

data related to the status of horseshoe 

crabs within the reserve. The Acting 

Director has also made a preliminary 

determination that the activities 

authorized under the EFP would be 

consistent with the goals and objectives 

of the Atlantic States Marine Fisheries 

Commission’s (Commission) Horseshoe 

Crab Interstate Fisheries Management 

Plan (FMP). However, further review 

and consultation may be necessary 

before a final determination is made to 

issue the EFP. Therefore, NMFS 

announces that the Acting Director 

proposes to recommend that an EFP be 

issued that would allow up to 3 

commercial fishing vessels to conduct 

fishing operations that are otherwise 

restricted by the regulations 

promulgated under the Atlantic Coastal 

Fisheries Cooperative Management Act 

(Atlantic Coastal Act). The EFP would 

allow for an exemption from the Carl N. 

Shuster Jr. Horseshoe Crab Reserve 

(Reserve). 

Regulations under the Atlantic 

Coastal Act require publication of this 

notification to provide interested parties 

the opportunity to comment on 

applications for proposed EFPs. 

DATES: Written comments on this action 

must be received on or before June 18, 

2010. 

ADDRESSES: Written comments should 

be sent to Emily Menashes, Acting 

Director, Office of Sustainable Fisheries, 

NMFS, 1315 East-West Highway, Room 

13362, Silver Spring, MD 20910. Mark 

the outside of the envelope ‘‘Comments 

on Horseshoe Crab EFP Proposal.’’ 

Comments may also be sent via fax to 

(301) 713–0596. Comments on this 

notice may also be submitted by e-mail 

to: Horseshoe-Crab.EFP@noaa.gov. 

Include in the subject line of the e-mail 

comment the following document 

identifier: Horseshoe Crab EFP Proposal. 

FOR FURTHER INFORMATION CONTACT: 

Brian Hooker, Fishery Management 

Specialist, (301) 713–2334 ext. 173. 

SUPPLEMENTARY INFORMATION: 

Background 

Limuli Laboratories submitted an 

application for an EFP on May 14, 2010, 

to collect up to 10,000 horseshoe crabs 

for biomedical and data collection 

purposes from the Reserve. The 

applicant has applied for, and received, 

a similar EFP every year from 2001– 

2009. The current EFP application 

specifies that: (1) the same methods 

would be used in 2010 that were used 

in years 2001–2009, (2) at least 15 

percent of the bled horseshoe crabs 

would be tagged, and (3) there had not 

been any sighting or capture of marine 

mammals or endangered species in the 

trawling nets of fishing vessels engaged 

in the collection of horseshoe crabs 

since 1993. The project submitted by 

Limuli Laboratories would provide 

morphological data on horseshoe crab 

catch, would tag caught horseshoe 

crabs, and would use the blood from the 

caught horseshoe crabs to manufacture 

Limulus Amebocyte Lysate (LAL), an 

important health and safety product 

used for the detection of endotoxins. 

The LAL assay is used by medical 

professionals, drug companies, and 

pharmacies to detect endotoxins in 

intravenous pharmaceuticals and 

medical devices that come into contact 

with human blood or spinal fluid. 

Results of 2009 EFP 

No horseshoe crabs were collected 

from the Reserve by the applicant 

during the 2009 season. Thus, no results 

were submitted. The last year in which 

the applicant actually collected 

horseshoe crabs authorized under an 

EFP was 2007. Results from 2007 were 

published in the Federal Register on 

June 2, 2008 (73 FR 31434), and thus are 

not repeated here. Data collected under 

previous EFPs were supplied to NMFS, 

the Commission, and the State of New 

Jersey. 

Proposed 2010 EFP 

Limuli Laboratories proposes to 

conduct an exempted fishery operation 

using the same means, methods, and 

seasons proposed/utilized during the 

EFPs in 2001–2009. Limuli proposes to 

continue to tag at least 15 percent of the 

bled horseshoe crabs as they did in 

2007. NMFS would require that the 

following terms and conditions be met 

for issuance of the EFP: 

1. Limiting the number of horseshoe 

crabs collected in the Reserve to no 

more than 500 crabs per day and to a 

total of no more than 10,000 crabs per 

year; 

2. Requiring collections to take place 

over a total of approximately 20 days 

during the months of July, August, 

September, October, and November. 

(Horseshoe crabs are readily available in 

harvestable concentrations nearshore 

earlier in the year, and offshore in the 

Reserve from July through November); 


sroberts on DSKD5P82C1PROD with NOTICES
31422 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 

3. Requiring that a 5W inch (14.0 cm) 

flounder net be used by the vessel to 

collect the horseshoe crabs. This 

condition would allow for continuation 

of traditional harvest gear and adds to 

the consistency in the way horseshoe 

crabs are harvested for data collection; 

4. Limiting trawl tow times to 30 

minutes as a conservation measure to 

protect sea turtles, which are expected 

to be migrating through the area during 

the collection period, and are vulnerable 

to bottom trawling; 

5. Restricting the hours of fishing to 

daylight hours only, approximately from 

7:30 a.m. to 5 p.m. to aid law 

enforcement; 

6. Requiring that the collected 

horseshoe crabs be picked up from the 

fishing vessels at docks in the Cape May 

Area and transported to local 

laboratories, bled for LAL, and released 

alive the following morning into the 

Lower Delaware Bay; and 

7. Requiring that any turtle take be 

reported to NMFS, Northeast Region 

Assistant Regional Administrator of 

Protected Resources Division within 24 

hours of returning from the trip in 

which the incidental take occurred. 

As part of the terms and conditions of 

the EFP, for all horseshoe crabs bled for 

LAL, NMFS would require that the EFP 

holder provide data on sex ratio and 

daily harvest. Also, the EFP holder 

would be required to examine at least 

200 horseshoe crabs for morphometric 

data. Terms and conditions may be 

added or amended prior to the issuance 

of the EFP. 

The proposed EFP would exempt 

three commercial vessels from 

regulations at 50 CFR 697.7(e) and 

697.23(f) which prohibit the harvest and 

possession of horseshoe crabs from the 

Reserve on a vessel with a trawl or 

dredge gear aboard. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: May 26, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–13313 Filed 6–2–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–912 

Certain New Pneumatic Off–The-Road 

Tires from the People’s Republic of 

China: Notice of Decision of the Court 

of International Trade Not in Harmony 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 14, 2010, the United 

States Court of International Trade 

(‘‘CIT’’) sustained the final remand 

redetermination made by the 

Department of Commerce 

(‘‘Department’’) pursuant to the CIT’s 

remand of the final determination in the 

antidumping investigation on certain 

new pneumatic off–the-road tires (‘‘OTR 

tires’’) from the People’s Republic of 

China (‘‘PRC’’). See Bridgestone 

Americas Inc. v. United States, Consol. 

Ct. No. 08–00256, Slip Op. 10–55 (Ct. 

Int’l Trade May 14, 2010) 

(‘‘Bridgestone’’). This case arises out of 

the Department’s Final Determination in 

the antidumping investigation on OTR 

tires from the PRC. See Certain New 

Pneumatic Off–The-Road–Tires from the 

People’s Republic of China: Final 

Affirmative Determination of Sales at 

Less Than Fair Value and Partial 

Affirmative Determination of Critical 

Circumstances, 73 FR 40485 (July 15, 

2008) (‘‘Final Determination’’); Certain 

New Pneumatic Off–the-Road Tires from 

the People’s Republic of China: Notice 

of Amended Final Affirmative 

Determination of Sales at Less than Fair 

Value and Antidumping Duty Order, 73 

FR 51624 (September 4, 2008). The final 

judgment in this case was not in 

harmony with the Department’s July 

2008 final determination. 

EFFECTIVE DATE: May 24, 2010 

FOR FURTHER INFORMATION CONTACT: Lilit 

Astvatsatrian or Charles Riggle, AD/CVD 

Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington DC 20230; 

telephone (202) 482–6412 or (202) 482– 

0650, respectively. 

SUPPLEMENTARY INFORMATION: In July 

2008, the Department published in the 

Federal Register the Final 

Determination in the antidumping 

investigation on OTR tires from the PRC 

in which it calculated a zero dumping 

rate for respondent Xugong Tyres Co., 

Ltd. (‘‘Xugong’’). 

In August 2008, petitioners, 

Bridgestone Americas, Inc. and 

Bridgestone Americas Tire Operations, 

LLC (collectively, ‘‘Bridgestone’’) and 

Titan Tire Corporation (‘‘Titan’’), 

respectively, filed summons with the 

CIT challenging the Final Determination 

with respect to Xugong’s zero dumping 

margin. Among their claims, 

Bridgestone and Titan alleged that the 

Department erred in its Final 

Determination by treating as indirect 

materials certain inputs used by Xugong 

in the production of subject 

merchandise. 

In April 2009, the Department 

requested a voluntary remand to further 

explain its determination regarding the 

classification of the fifteen raw materials 

reported by Xugong as indirect 

materials. On August 4, 2009, the CIT 

remanded this matter to the Department 

to reconsider whether each of the fifteen 

inputs was a direct or indirect material, 

to reopen the record as appropriate, and 

to recalculate the margin accordingly. 

See Bridgestone Americas Inc. v. United 

States, Consol. Ct. No. 08–00256, Slip 

Op. 09–79 (Ct. Int’l Trade Aug. 4, 2009). 

After receiving comments on the draft 

remand results, the Department on 

January 7, 2010, issued its final remand 

redetermination in which it treated 

Xugong’s fifteen raw material inputs as 

direct materials and, thus, recalculated 

Xugong’s margin by adding Xugong’s 

fifteen raw materials as direct material 

inputs in the calculation of the normal 

value. As a result of this recalculation, 

Xugong’s dumping rate changed from 

0.00 percent to 10.01 percent. See 

Bridgestone Americas Inc. v. United 

States, Consol. Ct. No. 08–00256, dated 

January 8, 2010. 

On May 14, 2010, the CIT sustained 

the final redetermination made by the 

Department pursuant to the CIT’s 

remand of the final determination in the 

antidumping investigation of the OTR 

tires from the PRC. See Bridgestone, Slip 

Op. 10–55 at 14. 

Timken Notice 

In its decision in Timken Co. v. 

United States, 893 F. 2d 337, 341 (Fed. 

Cir. 1990) (‘‘Timken’’), the United States 

Court of Appeals for the Federal Circuit 

held that, pursuant to section 516A(e) of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’), the Department must publish a 

notice of a court decision that is not ‘‘in 

harmony’’ with a Department 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. 

The Court’s decision in Bridgestone 

on May 14, 2010, constitutes a final 

decision of that court that is not in 

harmony with the Department’s Final 

Determination. This notice is published 

in fulfillment of the publication 

requirements of Timken with an 

effective date of May 24, 2010 (i.e., 10 

days following the CIT’s ruling). 

Accordingly, the Department will direct 

the U.S. Customs and Border Protection 

(‘‘CBP’’) effective May 24, 2010, to 

suspend liquidation of entries of subject 

merchandise manufactured and 

exported by Xugong pending the 

expiration of the period to appeal or 

pending a final decision on appeal. The 

Department will issue revised 

instructions to CBP if the Court’s 


sroberts on DSKD5P82C1PROD with NOTICES