Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53273 

during normal business hours) at the 

above address. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Lisa Rotterman (907) 271–1692, 

lisa.rotterman@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS published a notice in the 

Federal Register on June 29, 2010, 

announcing the initiation of a 5–year 

review of the eastern Distinct 

Population Segment (DPS) of the Steller 

Sea Lion (Eumetopias jubatus) under 

the Endangered Species Act of 1973, as 

amended (ESA) and requesting 

information related to that review (75 

FR 37385). A notice correcting the email 

address and fax number to which 

comments and information should be 

sent was published July 7, 2010 (75 FR 

38979). Written comments were due by 

August 30, 2010. NMFS has decided to 

reopen the public comment period for 

an additional 45 days, to October 14, 

2010. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: August 25, 2010. 

Therese Conant, 

Acting Chief, Endangered Species Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2010–21708 Filed 8–30–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY53 

Federal Aquatic Nuisance Species 

Research Risk Analysis Protocol 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce 

ACTION: Notice of availability of draft 

revised research protocol; request for 

comments. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

announces the availability of the draft 

revised Federal Aquatic Nuisance 

Species Research Risk Analysis Protocol 

(Protocol), developed by the Research 

Protocol Committee, a committee of the 

Aquatic Nuisance Species Task Force 

(ANSTF). The Protocol is available for 

public review and comment. 

DATES: Comments must be received 

within 45 days after August 31, 2010. 

ADDRESSES: Electronic copies of the 

draft revised Protocol are available on 

the ANSTF website, http:// 

anstaskforce.gov/documents.php. To 

obtain a hard copy of the draft revised 

Protocol or to submit comments, see 

Document Availability and Public 

Comment, respectively, under 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Margaret M. (Peg) Brady, NOAA Policy 

Liaison to the Aquatic Nuisance Species 

Task Force. 1315 East West Highway, 

SSMC 3, Rm. 15531 Silver Spring, MD 

20910 Phone: 301–713–0174; Email: 

Peg.Brady@noaa.gov 

SUPPLEMENTARY INFORMATION: 

Introduction 

The Aquatic Nuisance Species Task 

Force (ANSTF) is an intergovernmental 

organization dedicated to preventing 

and controlling aquatic nuisance 

species, and implementing the 

Nonindigenous Aquatic Nuisance 

Prevention and Control Act. The 

National Oceanic and Atmospheric 

Administration and U. S. Fish and 

Wildlife Service serve as co-chairs of the 

ANSTF. The ANSTF developed a 

research protocol as is required by the 

Nonindigenous Aquatic Nuisance 

Prevention and Control Act of 1990 

(NANPCA, Public Law 101–646, 104 

STAT. 4671, 16 U.S.C. 4701–4741), as 

amended by the National Invasive 

Species Act, 1996. Section 1202(f)(2) of 

NANPCA directs the ANSTF to 

establish a protocol ‘‘to ensure that 

research activities carried out under 

[NANPCA] do not result in the 

introduction of aquatic nuisance species 

to waters of the United States.’’ 

Responsibility for actual use of this 

Protocol is specified in section (f)(3) of 

the NANPCA: ‘‘The Task Force shall 

allocate funds authorized under this Act 

for competitive research grants to study 

all aspects of aquatic nuisance species, 

which shall be administered through the 

National Sea Grant College Program and 

the Cooperative Fishery and Wildlife 

Research Units. Grants shall be 

conditioned to ensure that any recipient 

of funds follows the protocol 

established under paragraph (2) of this 

subsection.’’ 

Throughout this document both the 

descriptors ‘‘nonindigenous’’ and/or 

‘‘nuisance’’ are used when referring to 

aquatic species that are the target of this 

risk analysis. Language used in the 

NANPCA differentiates between a 

nonindigenous species and a nuisance 

species, with a ‘‘nonindigenous’’ label 

being solely based on the historic range 

of the species, while a ‘‘nuisance’’ 

designation is based on a species being 

both nonindigenous and potentially 

harmful (‘‘threatens the diversity or 

abundance of native species or the 

ecological stability of infested waters, or 

commercial, agricultural, aquacultural 

or recreational activities dependent on 

such waters’’). The ANSTF Research 

Committee adopted a precautionary 

approach by targeting this risk analysis 

to all aquatic nonindigenous species 

research, regardless of the ‘‘nuisance’’ 

designation. The intent of the 

procedures outlined herein is to 

minimize to the extent practicable the 

risk of release and spread of aquatic 

nonindigenous species into areas they 

do not yet inhabit, since any 

nonindigenous species may become a 

nuisance species. Not only is it often not 

possible to be sure that a species won’t 

become a nuisance (as defined) in the 

future, the possession and/or release of 

nonindigenous species may be illegal 

under various Federal, State, or local 

laws, which may or may not 

differentiate between nonindigenous 

and nuisance species. 

Background 

When finalized, this document (‘‘the 

Protocol’’) would replace the previously 

established ‘‘Protocol for Evaluating 

Research Proposals Concerning Aquatic 

Nonindigenous Species,’’ adopted in 

draft form in 1992 and finalized and 

published by the ANSTF in July 1994. 

The 1994 protocol applies only to 

research involving aquatic 

nonindigenous species (ANS) and is 

designed to reduce the risk that research 

activities may cause introduction or 

spread of such aquatic species. Other 

potential means of introduction, such as 

bait movement, aquaria disposal, ballast 

water discharge, movement of 

recreational boats, movement of fishing 

gear, and horticultural sales, are not 

addressed in the 1994 protocol. 

In 2008 the ANSTF requested the 

Research Committee (a Committee of the 

ANSTF) to evaluate and recommend 

revisions to the 1994 protocol, as 

needed. According to the Society for 

Risk Analysis (SRA, http:// 

www.sra.org), the elements or 

components of a risk analysis include 

risk assessment, risk characterization, 

risk communication, risk management, 

and policy relating to risk. This revised 

Protocol incorporates three of those 

elements it requires a risk assessment 

(Part I) and then, if needed, 

establishment and implementation of a 

risk management plan (Part II), with the 

combined results communicated to the 

funding agency as part of the proposal 

and funding process. Therefore, this 

revised Protocol is renamed ‘‘Federal 

Aquatic Nuisance Species Research Risk 

Analysis Protocol.’’ The draft was 

approved by the ANSTF on November 


srobinson on DSKHWCL6B1PROD with NOTICES
53274 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 

5, 2009; distribution of the document for 

public comment is the final step for the 

ANSTF to adopt the Protocol. 

This Protocol supplements, but does 

not replace, other existing Federal 

guidelines established to control 

activities with specific major classes of 

organisms. This document does not 

eliminate or in any way affect other 

applicable legal requirements, including 

the National Environmental Policy Act 

[NEPA, 1970 (42 U.S.C. 4321 et seq.)]. 

The Protocol encourages the 

incorporation of a Hazard Analysis and 

Critical Control Point (HACCP) 

approach for prevention planning 

within research activities. Information 

about the use of HACCP is available at 

http://www.seagrant.umn.edu/ais/ 

haccp. A web site detailing the 

application of HACCP to natural 

resource pathways, plus a link to 

download a HACCP wizard that helps 

create HACCP plans, can be found at 

http://www.haccp-nrm.org. 

Document Availability 

You may obtain copies of the Protocol 

by any one of the following methods: 

• Internet: http://anstaskforce.gov/ 

documents.php 

• Write: Susan Pasko, National 

Oceanic and Atmospheric 

Administration. 1315 East West 

Highway, SSMC 3, Rm. 15531 Silver 

Spring, MD 20910; Telephone: (301) 

713–0174 x 165; Email: 

Susan.Pasko@noaa.gov 

Request for Comments 

Comments on the draft Protocol are 

invited. The ANSTF will review all 

submitted comments and make 

revisions, as appropriate, to the Protocol 

before going final. You may submit a 

written comment by any one of the 

following methods: 

• Email: Susan.Pasko@noaa.gov 

• Mail or hand-delivery: Susan Pasko, 

National Oceanic and Atmospheric 

Administration. 1315 East West 

Highway, SSMC 3, Rm. 15531 Silver 

Spring, MD 20910 

• Fax: (301) 713–1594 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment including your 

personal identifying information may be 

made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: August 24, 2010. 

Patricia A. Montanio, 

Director, Office of Habitat Conservation, 

National Marine Fisheries Service. 

[FR Doc. 2010–21712 Filed 8–30–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Deferral of Initiation of 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) has received requests 

to conduct administrative reviews of 

various antidumping and countervailing 

duty orders and findings with July 

anniversary dates. In accordance with 

the Department’s regulations, we are 

initiating those administrative reviews. 

The Department also received a request 

to defer the initiation of administrative 

review for one antidumping duty order. 

DATES: Effective Date: August 31, 2010 

FOR FURTHER INFORMATION CONTACT: 

Sheila E. Forbes, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230, 

telephone: (202) 482–4697. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department has received timely 

requests, in accordance with 19 CFR 

351.213(b), for administrative reviews of 

various antidumping and countervailing 

duty orders and findings with July 

anniversary dates. The Department also 

received a request to defer for one year 

the initiation of the July 1, 2009 through 

June 30, 2010 administrative review of 

the antidumping duty order on Certain 

Pasta from Italy with respect to one 

exporter in accordance with 19 CFR 

351.213(c). The Department received no 

objections to this request from any party 

cited in 19 CFR 351.213(c)(1)(ii). 

Notice of No Sales 

Under 19 CFR 351.213(d)(3), the 

Department may rescind a review where 

there are no exports, sales, or entries of 

subject merchandise during the 

respective period of review (‘‘POR’’) 

listed below. If a producer or exporter 

named in this initiation notice had no 

exports, sales, or entries during the 

POR, it should notify the Department 

within 60 days of publication of this 

notice in the Federal Register. The 

Department will consider rescinding the 

review only if the producer or exporter, 

as appropriate, submits a properly filed 

and timely statement certifying that it 

had no exports, sales, or entries of 

subject merchandise during the POR. 

All submissions must be made in 

accordance with 19 CFR 351.303 and 

are subject to verification in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (‘‘the Act’’). Six copies 

of the submission should be submitted 

to the Assistant Secretary for Import 

Administration, International Trade 

Administration, Room 1870, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. Further, in 

accordance with 19 CFR 351.303(f)(1)(i), 

a copy of each request must be served 

on every party on the Department’s 

service list. 

Respondent Selection 

In the event the Department limits the 

number of respondents for individual 

examination for administrative reviews, 

the Department intends to select 

respondents based on U.S. Customs and 

Border Protection (‘‘CBP’’) data for U.S. 

imports during the POR. We intend to 

release the CBP data under 

Administrative Protective Order 

(‘‘APO’’) to all parties having an APO 

within five days of publication of this 

initiation notice and to make our 

decision regarding respondent selection 

within 20 days of publication of this 

Federal Register notice. The 

Department invites comments regarding 

the CBP data and respondent selection 

within 10 calendar days of publication 

of this Federal Register notice. 

Separate Rates 

In proceedings involving non-market 

economy (‘‘NME’’) countries, the 

Department begins with a rebuttable 

presumption that all companies within 

the country are subject to government 

control and, thus, should be assigned a 

single antidumping duty deposit rate. It 

is the Department’s policy to assign all 

exporters of merchandise subject to an 

administrative review in an NME 

country this single rate unless an 

exporter can demonstrate that it is 

sufficiently independent so as to be 

entitled to a separate rate. 

To establish whether a firm is 

sufficiently independent from 

government control of its export 

activities to be entitled to a separate 

rate, the Department analyzes each 

entity exporting the subject 

merchandise under a test arising from 

the Final Determination of Sales at Less 


srobinson on DSKHWCL6B1PROD with NOTICES