5282 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 

examiner’s report, and finds that the 

requirements of the FTZ Act and the 

Board’s regulations are satisfied, and 

that the proposal is in the public 

interest; 

Now, therefore, the Board hereby 

orders: 

The application for manufacturing 

authority under zone procedures within 

FTZ 26 on behalf of Kia Motors 

Manufacturing Georgia, Inc., as 

described in the application and 

Federal Register notice, is approved, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28. 

Signed at Washington, DC, this 25th 

day of January 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, Alternate Chairman, 

Foreign–Trade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–2176 Filed 2–1–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–AY56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Amendment 32 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; intent to prepare a draft 

environmental impact statement (DEIS); 

scoping; request for comments. 

SUMMARY: NMFS, Southeast Region, in 

collaboration with the Gulf of Mexico 

Fishery Management Council (Council) 

intends to prepare a DEIS to describe 

and analyze management alternatives to 

be included in an amendment to the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP). These alternatives will consider 

measures to end overfishing of gag; 

create a rebuilding plan for the gag stock 

that will restore the stock to its 

maximum sustainable yield level 

(MSY); adjust gag and red grouper 

annual catch limits (ACLs), annual 

catch targets (ACTs), and other 

management measures; and revise 

shallow-water grouper accountability 

measures (AMs). In addition, the DEIS 

will consider separating the recreational 

sector of the grouper component of the 

reef fish fishery, revising multi-use 

individual fishing quota (IFQ) shares, 

methods to reduce gag bycatch, and 

improving data collection and 

monitoring of the recreational sector. 

The purpose of this notice of intent 

(NOI) is to solicit public comments on 

the scope of issues to be addressed in 

the DEIS. 

DATES: Written comments on the scope 

of issues to be addressed in the DEIS 

must be received by NMFS by March 4, 

2010. 

ADDRESSES: Requests for information 

packets, written comments on the scope 

of the DEIS, suggested alternatives and 

potential impacts, and requests for 

additional information on the 

amendment should be sent to Peter 

Hood, National Marine Fisheries 

Service, Southeast Regional Office, 263 

13th Avenue South, St. Petersburg, FL 

33701–5505; telephone (727) 824–5305; 

fax (727) 824–5308. Comments may also 

be sent by email to 

Peter.Hood@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood; phone: (727) 824–5305; fax: 

(727) 824–5308; email: 

peter.hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: Based on 

the results of the 2009 stock assessment 

update, NMFS notified the Council on 

August 11, 2009, that the Gulf of Mexico 

(Gulf) gag stock was both overfished and 

undergoing overfishing. The gag stock 

has shown declines in indices of 

abundance since 2005. Under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), within two 

years of notifying the Council of a 

stock’s condition, a plan must be 

developed and implemented to end 

overfishing and rebuild the stock. 

For Gulf gag and red grouper, ACLs 

must be reexamined in light of new 

information on the stocks. To rebuild 

the gag stock, an ACL, and optionally an 

ACT, must be set at levels that will 

prevent overfishing from occurring 

while allowing the gag stock to rebuild 

to a biomass level capable of producing 

MSY in 10 years or less. Although the 

2009 stock assessment update of the red 

grouper stock in the Gulf of Mexico 

indicated the stock continues to be 

neither overfished or undergoing 

overfishing, the stock has declined since 

2005. The ACT currently in effect 

exceeds the optimum yield level for 

2010 and the acceptable biological catch 

level set by the Scientific and Statistical 

Committee for 2010. 

In Amendment 30B, the AMs 

implemented for gag and red grouper 

were established under a quota system 

and do not reflect changes that occurred 

in the commercial sector when the IFQ 

system was implemented in January of 

2010, including the incorporation of 

tilefish into the IFQ program. In 

addition, the AMs do not contain the 

overage adjustment for overfished stocks 

recommended by the National Standard 

1 Guidelines. Therefore, the AMs for gag 

and red grouper should be revisited. 

Private recreational fishing vessels 

and for-hire (charter and headboat) 

vessels are currently combined for 

management purposes into a single 

recreational sector. However, if each 

sector had its own ACL and ACT, 

managers would have greater flexibility 

in managing the sectors. The for-hire 

and private recreational sectors could 

potentially be given different fishing 

seasons, bag limits, or other 

management measures, and could 

improve the net benefits of the 

recreational grouper component of the 

reef fish fishery. 

The IFQ system implemented for the 

commercial grouper and tilefish 

components of the Gulf reef fish fishery 

in 2010 allowed for flexibility in gag 

and red grouper harvest by allowing for 

multi-use shares (valid for harvesting 

either red or gag grouper). However, 

under the reduced red grouper and gag 

annual catch limits expected to be 

implemented through Amendment 32, it 

is possible that the use of multi-use 

shares could result in commercial 

harvest of red grouper or gag exceeding 

the sector allocation. To prevent this 

from happening, adjustments need to be 

made to the provision for multi-use 

shares in the grouper individual fishing 

quota system. 

The reduced gag catch limits under 

the initial years of the rebuilding plan 

require substantial reductions in both 

commercial and recreational harvest. 

The commercial harvest can be reduced 

through an adjustment to the 

commercial quota, but the recreational 

sector has no quota. Recreational catch 

levels are managed primarily through a 

combination of bag limits, minimum 

size limits and closed seasons. A 

combination of management measures 

need to be adopted that will achieve the 

needed reductions in the recreational 

fishery. 

Bycatch issues need to be addressed 

in both the commercial and recreational 

grouper fisheries. With the large 

difference between the red grouper and 

gag commercial quotas, this could result 

in large numbers of gag discards as 

fishermen direct effort to catch red 

grouper. Specifically, ways to reduce 

gag bycatch are needed in both sectors 

of the fishery. Proposed measures have 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 5283 

included time and area closures to 

protect gag, the use of gear that does not 

target gag, and changes in gag size and 

bag limits. 

Data collection and monitoring of the 

recreational fishery could be improved 

in terms of both accuracy and timeliness 

to enhance management of the 

recreational sector and application of 

AMs. The Council is evaluating 

methods such as fish tags or a fish 

stamp, and several proposals have been 

directed toward the Council to improve 

the monitoring and management of the 

recreational fishery. These 

recommendations could improve the 

quality and timeliness of information 

needed to assess the different reef fish 

fisheries. 

NMFS, in collaboration with the 

Council, will develop a DEIS to describe 

and analyze management alternatives to 

address the management needs 

described above. Those alternatives 

include, but are not limited to, a ‘‘no 

action’’ alternative regarding each 

action; alternatives to end overfishing of 

gag and rebuild the stock to its MSY 

level; alternatives to adjust gag and red 

grouper ACLs, ACTs, management 

measures, and AMs; alternatives to 

consider recreational sector separation; 

alternatives to revise how multi-use IFQ 

shares are allocated; alternatives to 

reduce gag bycatch; and alternatives to 

improve data collection and monitoring 

of the recreational sector. 

In accordance with NOAA’s 

Administrative Order 216–6, Section 

5.02(c), Scoping Process, NMFS, in 

collaboration with the Council, has 

identified preliminary environmental 

issues as a means to initiate discussion 

for scoping purposes only. These 

preliminary issues may not represent 

the full range of issues that eventually 

will be evaluated in the DEIS. 

Copies of an information packet will 

be available from NMFS (see 

ADDRESSES). 

After the DEIS associated with 

Amendment 32 is completed, it will be 

filed with the Environmental Protection 

Agency (EPA). The EPA will publish a 

notice of availability of the DEIS for 

public comment in the Federal Register. 

The DEIS will have a 45-day comment 

period. This procedure is pursuant to 

regulations issued by the Council on 

Environmental Quality (CEQ) for 

implementing the procedural provisions 

of the National Environmental Policy 

Act (NEPA; 40 CFR parts 1500–1508) 

and to NOAA’s Administrative Order 

216–6 regarding NOAA’s compliance 

with NEPA and the CEQ regulations. 

NMFS will consider public comments 

received on the DEIS in developing the 

final environmental impact statement 

(FEIS) and before adopting final 

management measures for the 

amendment. NMFS will submit both the 

final amendment and the supporting 

FEIS to the Secretary of Commerce 

(Secretary) for review as per the 

Magnuson-Stevens Act. 

NMFS will announce, through a 

notice published in the Federal 

Register, the availability of the final 

amendment for public review during the 

Department of Commerce Secretarial 

review period. During Secretarial 

review, NMFS will also file the FEIS 

with the EPA and the EPA will publish 

a notice of availability for the FEIS in 

the Federal Register. This comment 

period will be concurrent with the 

Secretarial review period and will end 

prior to final agency action to approve, 

disapprove, or partially approve the 

amendment. 

NMFS will announce, through a 

notice published in the Federal 

Register, all public comment periods on 

the final amendment, its proposed 

implementing regulations, and the 

availability of its associated FEIS. NMFS 

will consider all public comments 

received during the Secretarial review 

period, whether they are on the final 

amendment, the proposed regulations, 

or the FEIS, prior to final agency action. 

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

Dated: January 27, 2010 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–2161 Filed 2–1–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Docket 7–2010] 

Foreign–Trade Zone 123 - Denver, 

Colorado, Application for Subzone, 

Vestas Nacelles America, Inc. (Wind 

Turbine Nacelles, Hubs, Blades and 

Towers), Brighton, Denver, Pueblo, 

and Windsor, Colorado 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the City and County of 

Denver, grantee of FTZ 123, requesting 

special–purpose subzone status for the 

wind turbine nacelle, hub, blade and 

tower manufacturing and warehousing 

facilities of Vestas Nacelles America, 

Inc. (and related entities) (Vestas) 

located in Brighton, Denver, Pueblo, and 

Windsor, Colorado. The application was 

submitted pursuant to the provisions of 

the Foreign–Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR part 

400). It was formally filed on January 

25, 2010. 

The Vestas facilities (2,500 

employees) consist of four sites: Site 1 

- manufacturing plant and warehouse 

nacelles, hubs and blades (664,000 

sq.ft./299.1 acres) located at 1500 East 

Crown Prince Boulevard, Brighton, 

Colorado; Site 2 - manufacturing plant 

blades (400,000 sq.ft./80.78 acres) 

located at 11140 Eastman Park Drive, 

Windsor, Colorado; Site 3 - 

manufacturing plant towers (651,000 

sq.ft./811 acres) located at 100 Tower 

Drive, Pueblo; and, Site 4 - warehouse 

wind turbine components (119,983 

sq.ft./5.6 acres) located at 5175 Joliet 

Street, Denver, Colorado. Activity to be 

conducted under FTZ procedures would 

include manufacturing, testing, 

packaging and warehousing of wind 

turbines and related parts (up to 1,560 

nacelles and hubs, 4,200 blades, and 

1,100 towers annually) for the U.S. 

market and export. Foreign–origin 

components (representing up to 50% of 

total material inputs, by value) that 

would be used in the manufacturing 

activity would include grease, oils, 

epoxy/resins, paint, filler, sealant tape, 

adhesives, self–adhesive plates/sheets/ 

film of plastics, gaskets/washers/seals of 

plastics, dampeners, balsa/birch kits, 

plywood, boxes and pallets of wood, 

glass fiber roving and yarn, steel 

columns/posts/pillars/towers, lattice 

masts, wire and cable, fasteners, 

aluminum cloth/grill/mesh, root joints, 

slewing rings, blade bearings, transport 

fixtures (of steel), rope, brackets, 

fittings, flanges, base metal mountings, 

tubes, pipes, doors/gates, linear–acting 

cylinders, electrical equipment, motors, 

generators, batteries, profile projectors 

and parts, ducts, clamps, roller chain, 

control valves, gears, transmission 

shafts, flywheels, pulleys, springs, 

pumps, air/water coolers, filters, 

balancing weights, plates, controllers, 

accumulators, bearings, housings, brake 

parts, heaters, measuring instruments, 

and wind vanes (duty rate range: free - 

13.6%). The application indicates that 

Vestas will admit all foreign–origin 

components ‘‘classified within textile 

import categories’’ to the proposed 

subzone under privileged foreign status 

(19 CFR § 146.41). 

FTZ procedures could exempt Vestas 

from customs duty payments on the 

foreign components and materials used 

in export production (about 25% of 

annual shipments). On domestic 

shipments, the company would be able 

to elect the duty rate that applies to 

finished wind turbine nacelles, hubs, 

blades and towers (duty free) for the 

foreign production inputs noted above. 

mstockstill on DSKH9S0YB1PROD with NOTICES