Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 58941 

the posting of a bond equal to the 

weighted–average amount by which the 

normal value exceeds U.S. price, as 

indicated above. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, we have notified the ITC of our 

preliminary affirmative determination of 

sales at less than fair value. Section 

735(b)(2) of the Act requires the ITC to 

make its final determination as to 

whether the domestic industry in the 

United States is materially injured, or 

threatened with material injury, by 

reason of imports of steel threaded rod, 

or sales (or the likelihood of sales) for 

importation, of the subject merchandise 

within 45 days of our final 

determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Import Administration no 

later than seven days after the date of 

the final verification report is issued in 

this proceeding and rebuttal briefs 

limited to issues raised in case briefs no 

later than five days after the deadline 

date for case briefs (see 19 CFR 

351.309(c)(i) and (d)). A list of 

authorities used and an executive 

summary of issues should accompany 

any briefs submitted to the Department. 

This summary should be limited to five 

pages total, including footnotes. 

In accordance with section 774 of the 

Act, and if requested, we will hold a 

public hearing, to afford interested 

parties an opportunity to comment on 

arguments raised in case or rebuttal 

briefs. If a request for a hearing is made, 

we intend to hold the hearing shortly 

after the deadline of submission of 

rebuttal briefs at the U.S. Department of 

Commerce, 14th Street and Constitution 

Ave, NW, Washington, DC 20230, at a 

time and location to be determined. 

Parties should confirm by telephone the 

date, time, and location of the hearing 

two days before the scheduled date. 

Interested parties who wish to request 

a hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, Room 1870, within 30 

days after the date of publication of this 

notice. See 19 CFR 351.310(c). Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. At the hearing, 

each party may make an affirmative 

presentation only on issues raised in 

that party’s case brief and may make 

rebuttal presentations only on 

arguments included in that party’s 

rebuttal brief. 

Unless the deadline is extended 

pursuant to section 735(a)(2) of the Act, 

the Department will make its final 

determination within 75 days after the 

date of this preliminary determination, 

pursuant to section 735(a)(1) of the Act. 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act. 

Dated: October 1, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–23896 Filed 10–7–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK54 

Marine Mammals; File No. 13602 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that Dr. 

Terrie Williams, Long Marine Lab, 

Institute of Marine Sciences, University 

of California at Santa Cruz, 100 Shaffer 

Road, Santa Cruz, CA 95060, has 

applied in due form for a permit to 

conduct research on captive marine 

mammals. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

November 7, 2008. 

ADDRESSES: The application and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

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; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate. 

Comments may also be submitted by 

facsimile at (301)427–2521, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 13602. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Amy Sloan, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA; 16 U.S.C. 1531 

et seq.), the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR 222–226), and the Fur Seal Act of 

1966, as amended (16 U.S.C. 1151 et 

seq.). 

The applicant is requesting a permit 

to continue permitted activities 

authorized under Permit No. 984–1587. 

This research compares the energetic 

responses and diving physiology of 

odontocetes and pinnipeds to determine 

key physiological factors required for 

survival. Two adult bottlenose dolphins 

(Tursiops truncatus) currently 

maintained at Long Marine Lab will be 

used as model species due to 

availability, trainability, and a 

foundation of data from previous 

studies. Additional odontocetes and 

other marine mammal species (up to 

122 animals representing 7 species over 

5 years) would be added through 

cooperative agreements with accredited 

zoological institutions. Other species 

and subjects from rehabilitation and 

stranding programs may be added 

opportunistically. This research on 

captive animals will provide data for 

understanding the impact of changing 

environmental demands on wild marine 

mammals. Two approaches are used, (1) 

basic physiological evaluation (caloric 

intake, metabolism, heart rate, stroke 

rate, aerobic dive capacity, thermal 

capacity) measured seasonally on 

mature and immature dolphins, and (2) 

comparative evaluation of identical 

parameters for other species 

representing different evolutionary 

lineages. The results will be used to 

develop energetics models for large and 

small cetaceans as well as other marine 


jlentini on PROD1PC65 with NOTICES
58942 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 

mammals to assist in management 

decisions for wild populations. A 

permit is requested for five years. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: October 3, 2008. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–23872 Filed 10–7–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK98 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: Pursuant to a preliminary 

injunction issued in the case, The 

Humane Society of the Unites States, et 

al. v. Gutierrez, et al., in U.S. District 

Court for the District of Columbia (Civil 

Action No. 08–cv–1593 (ESH)), NMFS is 

reinstating the Dynamic Area 

Management (DAM) program that was 

terminated by the October 5, 2007, final 

rule amending the Atlantic Large Whale 

Take Reduction Plan (ALWTRP). The 

DAM program will be implemented 

consistent with the previous regulations 

for this program, except that it will only 

be reinstated north of the pre–existing 

Seasonal Area Management boundaries 

(i.e., north of 42°30′ N. latitude). DAM 

zones will be established through future 

notice in the Federal Register. The 

restrictions will be announced to state 

officials, fishermen, Atlantic Large 

Whale Take Reduction Team (ALWTRT) 

members, and other interested parties 

through e–mail, phone contact, NOAA 

website, and other appropriate media 

immediately upon issuance of a rule by 

the AA. 

DATES: Effective beginning at 0001 hours 

October 5, 2008, until the broad–based 

sinking groundline requirements for 

trap/pot and lobster trap/pot fisheries 

established by the October 5, 2007, final 

rule go into effect. 

ADDRESSES: Copies of the previous 

rulemaking documents associated with 

the ALWTRP, ALWTRT meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 

Borggaard, NMFS/Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; or Kristy 

Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. The 

complete text of the regulations 

implementing the ALWTRP can be 

found either in the Code of Federal 

Regulations (CFR) at 50 CFR 229.32 or 

downloaded from the website, along 

with a guide to the regulations. 

Background 

In response to the continued serious 

injury and mortality of large whales 

(e.g., right, humpback, and fin whales) 

from entanglement in commercial 

fishing gear, NMFS determined that 

additional modifications to the 

ALWTRP were warranted. 

Subsequently, in October 2007, NMFS 

finalized an amendment to the 

ALWTRP, which implemented a broad– 

based gear modification strategy that 

included additional regulated fisheries; 

expanded weak link and sinking 

groundline requirements; additional 

gear marking requirements; changes in 

boundaries; seasonal restrictions for 

gear modifications; expanded exempted 

areas; and regulatory language changes 

for the purposes of clarification and 

consistency (72 FR 57104, October 5, 

2007; 73 FR 19171, April 9, 2008). The 

October 2007 rule eliminated the 

Dynamic Area Management (DAM) 

Program on April 5, 2008, when most of 

the broad–based gear modifications 

became effective. Additionally, gillnet 

and trap/pot fishermen were given one 

year (through October 5, 2008) to 

convert floating groundline to sinking 

groundline as part of the broad–based 

gear modification requirements. 

On September 2, 2008, NMFS 

published a final rule that provided an 

additional six months (through April 5, 

2009) for trap/pot fishermen along the 

Atlantic coast to comply with the 

AWLTRP’s broad–based sinking 

groundline requirement (73 FR 51228, 

September 2, 2008). Pursuant to a 

preliminary injunction issued in the 

case, The Humane Society of the United 

States, et al. v. Gutierrez, et al., in U.S. 

District Court for the District of 

Columbia (Civil Action No. 08–cv–1593 

(ESH)), NMFS is reinstating the DAM 

program, which was terminated by the 

October 5, 2007, final rule (72 FR 

57104). The DAM program will be 

implemented consistent with the 

previous regulations for this program 

(67 FR 1133, January 9, 2002; 67 FR 

65722, October 28, 2002; 68 FR 51195, 

August 26, 2003; 72 FR 57104, October 

5, 2007), except that it will only be 

reinstated north of the pre–existing 

Seasonal Area Management boundaries 

(i.e., north of 42°30′ N. latitude). DAM 

zones will be established through future 

notice in the Federal Register. Future 

DAM zone restrictions will be 

announced to state officials, fishermen, 

ALWTRT members, and other interested 

parties through e–mail, phone contact, 

NOAA website, and other appropriate 

media immediately upon issuance of a 

temporary rule by the Assistant 

Administrator for Fisheries (AA). The 

DAM program will be reinstated until 

the Court’s resolution on the merits of 

the case or the broad–based sinking 

groundline requirements for trap/pot 

and lobster trap/pot fisheries 

established by the October 5, 2007, final 

rule go into effect, whichever occurs 

earlier. 

In addition to those gear 

modifications currently implemented 

under the ALWTRP at 50 CFR 229.32, 

the following gear modifications may be 

required in a DAM zone. In such a case, 

the ALWTRP management areas 

impacted would be dependent on the 

area of overlap with the DAM zone. If 

the requirements and exceptions for 

gear modification in a DAM zone, as 

described below, differ from other 

ALWTRP requirements for any 

overlapping areas and times, then the 

more restrictive requirements would 

apply in the DAM zone. 

Lobster Trap/Pot Gear 

Fishermen utilizing lobster trap/pot 

gear within portions of Northern Inshore 

Lobster Waters, Northern Nearshore 

Lobster Waters, and Stellwagen Bank/ 

Jeffreys Ledge Restricted Area that 

overlap with a DAM zone may be 

required to utilize all of the following 

gear modifications when a DAM zone is 

in effect: 

1. Groundlines must be made of 

sinking line. Floating groundlines are 

prohibited; 

2. All buoy lines must be made of 

sinking line, except the bottom portion 

of the line, which may be a section of 


jlentini on PROD1PC65 with NOTICES