52928 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices 

subzone status at the Dow Corning 

facilities in Carrollton, Elizabethtown 

and Shepherdsville, Kentucky (75 FR 

31763, 6/3/2010) is being extended to 

October 1, 2010 to allow additional time 

for the submission of rebuttal 

comments. Original submissions shall 

be sent to the Board’s Executive 

Secretary at: Foreign-Trade Zones 

Board, U.S. Department of Commerce, 

Room 2111, 1401 Constitution Ave., 

NW., Washington, DC 20230. An 

electronic copy shall be submitted to 

ftz@trade.gov. 

For further information, contact 

Elizabeth Whiteman at 

Elizabeth.Whiteman@trade.gov or (202) 

482–0473. 

Dated: August 24, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–21571 Filed 8–27–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Emory University, et al., Notice of 

Consolidated Decision on Applications 

for Duty–Free Entry of Electron 

Microscopes 

This is a decision consolidated pursuant 

to Section 6(c) of the Educational, 

Scientific, and Cultural Materials 

Importation Act of 1966 (Pub. L. 89– 

651, as amended by Pub. L. 106–36; 80 

Stat. 897; 15 CFR part 301). Related 

records can be viewed between 8:30 

A.M. and 5:00 P.M. in Room 3720, U.S. 

Department of Commerce, 14th and 

Constitution Avenue., NW, Washington, 

D.C. 

Docket Number: 10–038. Applicant: 

Emory University, Atlanta, GA 30322. 

Instrument: Electron Microscope. 

Manufacturer: JEOL, Ltd., Japan. 

Intended Use: See notice at 75 FR 

46912, August 4, 2010. 

Docket Number: 10–049. Applicant: 

Health Research Inc., New York State 

Department of Health, Menands, NY 

12204–2719. Instrument: Electron 

Microscope. Manufacturer: JEOL Ltd., 

Japan. Intended Use: See notice at 75 FR 

46912, August 4, 2010. 

Docket Number: 10–051. Applicant: 

Regents of the University of California at 

San Diego, La Jolla, CA 92093–0651. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: See notice at 75 

FR 46912, August 4, 2010. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 

instrument, for such purposes as these 

instruments are intended to be used, 

was being manufactured in the United 

States at the time the instruments were 

ordered. Reasons: Each foreign 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: August 24, 2010. 

Gregory W. Campbell, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. 2010–21557 Filed 8–29–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 100813341–0341–01] 

RIN 0648–XX56 

Endangered and Threatened Wildlife 

and Plants; Notice of 90–Day Finding 

for a Petition to List Georgia Basin 

Populations of China Rockfish and 

Tiger Rockfish as Endangered or 

Threatened 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of 90–day petition 

finding. 

SUMMARY: We (NMFS) received a 

petition to list Georgia Basin 

populations of China rockfish (Sebastes 

nebulosus) and tiger rockfish (S. 

nigrocinctus) as endangered or 

threatened species under the 

Endangered Species Act (ESA). We 

determine that the petition does not 

present substantial evidence to indicate 

that the petitioned action may be 

warranted. 

ADDRESSES: Requests for copies of this 

petition regarding Georgia Basin China 

rockfish and tiger rockfish should be 

submitted to Chief, Protected Resources 

Division, NMFS, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232. The petition and supporting data 

are available for public inspection, by 

appointment, Monday through Friday, 

at this address. 

FOR FURTHER INFORMATION CONTACT: 

Garth Griffin, NMFS, Northwest Region, 

(503) 231–2005 or Dwayne Meadows, 

NMFS, Office of Protected Resources, 

(301) 713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4 of the ESA contains 

provisions allowing interested persons 

to petition the Secretary of the Interior 

or the Secretary of Commerce 

(Secretary) to add a species to or remove 

a species from the List of Endangered 

and Threatened Wildlife and to 

designate critical habitat. On April 27, 

2010, we received a petition from Mr. 

Sam Wright of Olympia, WA, to list 

Georgia Basin populations of China 

rockfish and tiger rockfish. For the 

purpose of this petition finding, we 

consider the Georgia Basin to include 

the inland marine waters of Puget 

Sound, the Strait of Georgia (north to 

the mouth of the Campbell River in 

British Columbia), and the portion of 

the Strait of Juan de Fuca east of the 

Victoria Sill (see our determination to 

list three distinct population segments 

of Puget Sound/Georgia Basin distinct 

population segments of rockfish, 75 FR 

22276 (April 28, 2010)). 

Section 4(b)(3)(A) of the ESA (16 

U.S.C. 1531–1544) requires that we 

determine whether a petition to list, 

delist, or reclassify a species presents 

substantial scientific or commercial 

information to indicate that the 

petitioned action may be warranted. In 

making this determination, we consider 

information submitted with and 

referenced in the petition, and all other 

information available in our files. To the 

maximum extent practicable, this 

finding is to be made within 90 days of 

the receipt of the petition, and the 

finding is to be published promptly in 

the Federal Register. 

In evaluating a petition, the Secretary 

considers whether it (1) describes past 

and present numbers and distribution of 

the species and any threats faced by the 

species (50 CFR 424.14(b)(2)(ii)); (2) 

provides information regarding the 

status of the species over all or a 

significant portion of its range (50 CFR 

424.14(b)(2)(iii)); and (3) is 

accompanied by appropriate supporting 

documentation (50 CFR 

424.14(b)(2)(iv)). 

The ESA defines ‘‘species’’ to include 

subspecies, or a distinct population 

segment of a vertebrate species (16 

U.S.C. 1532(16)). The petitioner 

requested listing of the Georgia Basin 

populations of China rockfish and tiger 

rockfish. We evaluated whether the 

information provided or cited in the 

petition met our standard for 

‘‘substantial information’’ as defined in 

joint ESA implementing regulations 

issued by NMFS and the U.S. Fish and 

Wildlife Service (50 CFR 424.14(b)). We 

also reviewed other information 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices 52929 

available to us (currently within our 

files). 

Previous Petition to list Puget Sound 

China Rockfish and Tiger Rockfish 

We have received numerous petitions 

from Mr. Wright. In 1999, he petitioned 

us to list 18 species of Puget Sound 

marine fishes. Based on the information 

presented in that petition, and available 

in our files, we conducted status 

reviews on seven of those fishes. 

Information on the other eleven fishes 

(including China rockfish and tiger 

rockfish) was insubstantial and we 

therefore did not conduct status reviews 

(64 FR 33037; June 21, 1999). 

Analysis of Petition 

When reviewing a petition to list a 

species under the ESA, we consider 

information provided in the petition as 

well as information available in agency 

files. Mr. Wright’s petition provides 

information from SCUBA surveys 

conducted in the Georgia Basin from 

1998 to 2009. The petition points to the 

fact that there are few observations of 

China rockfish and tiger rockfish in 

these surveys. The petition provides no 

analysis to explain how these surveys 

can be interpreted to indicate either a 

low abundance level or a declining 

trend in abundance, either of which 

might be evidence of risk to the species. 

To the contrary, the petitioner 

acknowledges that adults of these two 

species tend to remain hidden in rocky 

habitats, which could make them 

difficult for SCUBA divers to observe. 

In the absence of any analysis in the 

petition, we independently reviewed 

the information from these surveys and 

concluded they do not provide evidence 

of low abundance or a declining trend 

in abundance. The surveys are 

opportunistic sightings, reported by 

recreational or professional divers. 

There is no research protocol associated 

with these SCUBA reports, and the 

identification of individual fish species 

cannot be independently verified. 

Because the area surveyed and the level 

of effort are opportunistic and variable, 

because the reports are not collected in 

a systematic sampling design, and 

because adults of these species tend to 

hide in rocky habitats that could make 

them difficult to observe, we concluded 

that these survey results do not support 

inferences about population abundance. 

The petition also provides a short 

description of the total recreational 

catch of these species over a 12–year 

period. The description appears under a 

heading in the petition entitled ‘‘Low 

Abundance Problem,’’ but the petition 

provides no explanation of how this 

information reveals anything about the 

abundance of these two species. In the 

absence of an analysis in the petition, 

we independently reviewed the 

information on recreational catches of 

these two species available in our 

records. The proportion of these two 

species in the recreational rockfish 

catch is low, approximately 1 percent 

over the 12–year period. Standing alone, 

however, this low percentage does not 

indicate a low occurrence of these 

rockfish species relative to others 

because, as noted above, adults of the 

petitioned species tend to remain 

hidden in rocky habitat and are 

therefore less available to anglers. Nor 

does this information reveal anything 

about the absolute abundance of these 

two species. The catch information 

therefore does not indicate that 

abundance of these species is low 

enough to pose a threat to viability. 

We agree with the petitioner’s 

assertion that China rockfish and tiger 

rockfish typically utilize a small home 

range and experience low productivity. 

However, as the petitioner 

acknowledges, a small home range 

causes individuals to remain hidden in 

rocky habitat, where they may 

experience lower mortality, as a result 

of less frequent exposure to predators. 

Low productivity can be a risk factor in 

some instances. However, low 

productivity is not an indication of 

declining abundance (another risk 

factor) since it reflects a life history 

trade-off between fecundity and life 

span. 

Finally, the petitioner fails to 

demonstrate how any of these 

individual pieces of information could 

be integrated into a trend analysis or 

some other type of analysis suggesting 

the two species are at risk. 

The petitioner states ‘‘This would be 

an ideal time to conduct a status review 

of these two species since most of the 

required assessment work has already 

been done and there is an existing 

Biological Review Team (BRT).’’ While 

it is true that NMFS recently completed 

an ESA review of five rockfish species 

in the Puget Sound/Strait of Georgia 

(including the formation and use of a 

BRT), that is not a basis to conduct 

additional reviews under ESA section 

4(b)(3)(A). NMFS did not look at 

information on China rockfish and tiger 

rockfish during its review earlier in the 

year, and the BRT was subsequently 

disbanded. 

Petition Finding 

After reviewing the petition, as well 

as information readily available to us, 

we have determined that the petition 

does not present substantial scientific 

information indicating the petitioned 

action may be warranted. If new 

information becomes available to 

suggest that Georgia Basin populations 

of China rockfish and tiger rockfish may 

warrant listing under the ESA, we will 

reconsider conducting a status review. 

References 

A complete list of all references cited 

herein is available upon request (see 

ADDRESSES section). 

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

Dated: August 24, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–21536 Filed 8–27–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

President’s Export Council: Meeting of 

the President’s Export Council 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of an open meeting. 

SUMMARY: The President’s Export 

Council will hold a meeting to discuss 

topics related to the National Export 

Initiative, and advice from the 

President’s Export Council as to how to 

promote U.S. exports, jobs, and growth. 

DATES: September 16, 2010 at 9:30 a.m. 

(EDT). 

ADDRESSES: The President’s Export 

Council will convene its next meeting 

via live webcast on the Internet at 

http://whitehouse.gov/live. 

FOR FURTHER INFORMATION CONTACT: J. 

Marc Chittum, President’s Export 

Council, Room 4043, 1401 Constitution 

Avenue, NW., Washington, DC 20230, 

telephone: 202–482–1124, e-mail: 

Marc.Chittum@trade.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The President’s Export 

Council was first established by 

Executive Order on December 20, 1973 

to advise the President on matters 

relating to U.S. export trade and report 

to the President on its activities and on 

its recommendations for expanding U.S. 

exports. The President’s Export Council 

was renewed most recently by Executive 

Order 13511 of September 29, 2009, for 

the two-year period ending September 

30, 2011. 

Public Submissions: The public is 

invited to submit written statements to 

the President’s Export Council by C.O.B. 


jlentini on DSKJ8SOYB1PROD with NOTICES