Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 60085 

2Although HTSUS number 3912.31.00.10 may be 

more specific to subject merchandise, it was not 

created until 2005. As such, we are relying on 

HTSUS number 3912.31.00 for purposes of this 

sunset review because in determining whether 

revocation of an order would likely lead to 

continuation or recurrence of dumping, the 

Department considers the margins established in 

the investigation and/or reviews conducted during 

the sunset review period as well as the volume of 

imports for the periods before and after the issuance 

of the order. See section 752(c)(1) of the Act. 

CFR 351.218(e)(2)(i), the Department 

determined to conduct a full sunset 

review of this antidumping duty order 

and notified the U.S. International 

Trade Commission. See Letter to Ms. 

Catherine DeFilippo, Director, Office of 

Investigations, U.S. International Trade 

Commission, from James Maeder, 

Director, Office 2, AD/CVD Operations, 

entitled ‘‘Expedited and Full Sunset 

Reviews of the Antidumping Duty 

Orders Initiated in June 2010,’’ dated 

July 22, 2010. 

On September 15, 2010, the 

Department contacted Aqualon 

regarding the reference to Harmonized 

Tariff Schedule of the United States 

(HTSUS) number 3913.31.00.10 at 12 of 

the Appendix of its substantive 

response, dated July 1, 2010. Aqualon 

stated on September 15, 2010, that it 

had mistakenly referenced the wrong 

HTSUS number in its substantive 

response and intended to reference 

HTSUS number 3912.31.00.10. See 

Memorandum to the File from Dena 

Crossland, Regarding Preliminary 

Results of First Sunset Review of the 

Antidumping Duty Order on Purified 

Carboxymethylcellulose from Mexico; 

Correction to Domestic Interested 

Party’s July 1, 2010, Substantive 

Response, dated September 16, 2010. 

Scope of the Order 

The merchandise covered by the order 

is all purified CMC, sometimes also 

referred to as purified sodium CMC, 

polyanionic cellulose, or cellulose gum, 

which is a white to off–white, non– 

toxic, odorless, biodegradable powder, 

comprising sodium CMC that has been 

refined and purified to a minimum 

assay of 90 percent. Purified CMC does 

not include unpurified or crude CMC, 

CMC Fluidized Polymer Suspensions, 

and CMC that is cross–linked through 

heat treatment. Purified CMC is CMC 

that has undergone one or more 

purification operations, which, at a 

minimum, reduce the remaining salt 

and other by–product portion of the 

product to less than ten percent. The 

merchandise subject to the order is 

currently classified in the HTSUS at 

subheading 3912.31.00.2 This tariff 

classification is provided for 

convenience and Customs purposes; 

however, the written description of the 

scope of the order is dispositive. 

Analysis of Comments Received 

All issues raised in this review are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Preliminary 

Results of First Sunset Review of the 

Antidumping Duty Order on Purified 

Carboxymethylcellulose from Mexico,’’ 

from Susan H. Kuhbach, Acting Deputy 

Assistant Secretary for Antidumping 

and Countervailing Duty Operations, to 

Ronald K. Lorentzen, Deputy Assistant 

Secretary for Import Administration 

(Decision Memo), which is hereby 

adopted by, and issued concurrently 

with, this notice. The issues discussed 

in the Decision Memo include the 

likelihood of continuation or recurrence 

of dumping and the magnitude of the 

margins likely to prevail if the order 

were revoked. Parties can find a 

complete discussion of all issues raised 

in this review and the corresponding 

recommendations in this public 

memorandum which is on file in the 

Central Records Unit, room 7046 of the 

main Commerce Department building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/ 

index.html. The paper copy and 

electronic version of the Decision Memo 

are identical in content. 

Preliminary Results 

The Department preliminarily 

determines that revocation of the 

antidumping duty order on CMC from 

Mexico is likely to lead to continuation 

or recurrence of dumping at the 

following weighted–average margins: 

Quimica Amtex ............. 12.61 percent 

All Others ...................... 12.61 percent 

Public Comment 

Any interested party may request a 

hearing within 30 days of publication of 

this notice in accordance with 19 CFR 

351.310(c). Consistent with 19 CFR 

351.309(c)(1)(i), interested parties may 

submit case briefs no later than 30 days 

after the date of publication of this 

notice. Rebuttal briefs, which must be 

limited to issues raised in the case 

briefs, may be filed no later than 5 days 

after the time limit for filing the case 

briefs, in accordance with 19 CFR 

351.309(d)(1). Any hearing, if requested 

will be held two days after rebuttal 

briefs are due, unless the Department 

alters the date, in accordance with 19 

CFR 351.310(d)(1). The Department 

intends to issue a notice of final results 

of the first sunset review, which will 

include the results of its analysis of 

issues raised in any such briefs, no later 

than January 28, 2011. 

This five-year (‘‘sunset’’) review and 

notice are in accordance with sections 

751(c), 752(c), and 777(i)(1) of the Act. 

Dated: September 20, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–24458 Filed 9–28–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ29 

NOAA Proposed Policy on Prohibited 

and Authorized Uses of the Asset 

Forfeiture Fund 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The Magnuson-Stevens 

Fishery Conservation and Management 

Act authorizes the Secretary of 

Commerce through NOAA to pay 

certain enforcement related costs from 

sums received as fines, penalties, and 

forfeitures of property for violations of 

any marine resource law enforced by the 

Secretary. Fines, penalties, and 

forfeitures of property received by 

NOAA are deposited in an enforcement 

asset forfeiture fund. The Secretary is 

proposing a new policy to clearly 

articulate prohibited and authorized 

uses of these funds to ensure no conflict 

of interest– either real or perceived – 

associated with its use while continuing 

to promote a sound enforcement 

program dedicated to conserving and 

protecting our nation’s marine 

resources. The Secretary requests 

comments from the public on listed 

prohibited and authorized uses of the 

funding and, in particular, expenditures 

for activities that would promote 

compliance with regulations 

promulgated by NOAA. 

DATES: Written comments must be 

received on or before 5 p.m., EST, on 

November 29, 2010. 

ADDRESSES: Written comments may be 

sent by any of the following methods: 

• E-mail to the following address: 

DraftAFFPolicy@noaa.gov. Please note 

on your correspondence and in the 

subject line of e-mail comments the 

following identifier: ‘‘Draft Asset 

Forfeiture Fund Policy Comments.’’; 

• Mail or hand deliver to Mr. Mark 

Paterni, Assistant Director, Office of 


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60086 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 

Law Enforcement, National Oceanic and 

Atmospheric Administration, 8484 

Georgia Avenue, Suite 415, Silver 

Spring, MD 20910. Mark the outside of 

the envelope ‘‘Draft Asset Forfeiture 

Fund Policy Comments’’; or 

• Fax to 301–427–2055 noting ‘‘Draft 

Asset Forfeiture Fund Policy 

Comments.’’ 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Paterni, Assistant Director, Office 

of Law Enforcement, National Oceanic 

and Atmospheric Administration, 8484 

Georgia Avenue, Suite 415, Silver 

Spring, MD 20910, (telephone 301–427– 

2300). 

SUPPLEMENTARY INFORMATION: 

I. Proposed Policy on Prohibited and 

Authorized Uses of the Asset Forfeiture 

Fund 

Strong management and oversight of 

the Asset Forfeiture Fund (AFF) is 

essential to restoring the public’s trust 

in the National Oceanic and 

Atmospheric Administration’s (NOAA) 

Enforcement Program. It is the goal of 

the Department of Commerce and 

NOAA to establish a stringent policy for 

effective oversight of the AFF that will 

ensure no conflict of interest — real or 

perceived – associated with its use 

while continuing to promote a sound 

enforcement program dedicated to 

conserving and protecting our nation’s 

marine resources. This policy statement 

provides clear guidance on the 

approved uses of the AFF that are 

consistent with applicable legal 

authority and that will help assure those 

regulated that all fines and penalties are 

fairly and equitably assessed based 

solely on the severity of the violation. 

This policy statement also prohibits 

funding for specific activities. In 

addition, the Department will expand 

the use of AFF funding to include 

compliance assistance to better serve the 

needs of our stakeholders and improve 

the way NOAA engages and interacts 

with its regulated community. 

Monies within the AFF are derived 

from fines, penalties, and property 

forfeitures associated with violations of 

marine resource laws (MagnusonStevens Act, Endangered Species Act, 

Marine Mammal Protection Act, and 

Lacey Act, among others). The 

Department believes, as did the 

Congress in establishing the AFF and 

specifying the allowable uses, that it is 

appropriate to use the proceeds of 

NOAA’s enforcement program to offset 

in part the costs of administering that 

program. Those who violate these laws 

should help offset the cost of protecting 

our marine resources in lieu of those 

costs being borne by taxpayers. Further, 

the availability of these funds for 

enforcement reduces the requirement 

for additional appropriations and 

expands NOAA’s ability to respond to 

violations of the laws it is charged with 

enforcing. NOAA’s Office of Law 

Enforcement’s (OLE) National 

Enforcement Operations Manual and the 

Office of the General Counsel for 

Enforcement and Litigation’s (GCEL) 

Operating Procedures Manual will 

include the new policy, along with 

detailed guidance. 

To ensure accountability and 

transparency in AFF accounting, NOAA 

will take a number of actions. The 

Agency will clearly identify and track 

AFF monies received and expended, 

and centralize the AFF approval 

processes for expenditures. Starting 

with the FY 2012 budget submission, 

NOAA will identify and account for the 

AFF in its annual budget. Beginning in 

FY2011, an annual operating budget 

will be developed for the AFF based 

upon the policy, and proposed 

modifications to that budget must be 

approved by the NOAA Chief Financial 

Officer. 

Separately, NOAA will establish 

appropriate uses of other enforcement 

proceeds retained by the Secretary but 

not part of the AFF. In particular, 

NOAA will examine the use of fines and 

penalties collected for violations of the 

Northeast Multispecies Fishery 

Management Plan, which under section 

311(f) of the Magnuson-Stevens Act 

must be used to enforce the Plan. 

Prohibited Uses 

The policy prohibits the use of the 

AFF for the following activities: 

• Funding for any NOAA employee 

labor, benefits, or awards; 

∑ Funding for any vehicle purchases 

or leases, including patrol vehicles, 

undercover vehicles, all terrain vehicles, 

vehicles assigned to agents to carry out 

their enforcement duties, or associated 

equipment, upgrades, modification, or 

maintenance of current vehicles; 

∑ Funding for any vessel purchases 

or leases, including patrol vessels, 

undercover vessels, or associated 

equipment upgrades, modification, or 

maintenance of current vessels; 

∑ Funding for any domestic or 

foreign travel that is not related to 

specific investigations, enforcement 

proceedings, or required training, such 

as attendance at general conferences or 

seminars except as specifically 

authorized below; 

∑ Funding for any training that is not 

specifically required by policy as an 

integral part of an employee’s job as 

detailed below; and 

∑ Funding for the purchase of any 

equipment that is not directly related to 

a specific investigation or enforcement 

proceeding, including weapons and 

ammunition, uniforms, copiers or 

facsimile machines, desktop or laptop 

computers, Blackberries or other PDAs, 

cell phones or radios, video or audio 

recording equipment; or office furniture. 

Authorized Uses 

The policy authorizes funding for 

certain specific enforcement-related 

activities: 

∑ Compliance assistance as discussed 

further below; 

∑ Costs directly related to the proper 

storage of seized fish, vessels, or other 

property during a civil or criminal 

proceeding; 

∑ Rewards for information related to 

enforcement actions; 

∑ Valid liens, mortgages, and claims 

against, or interest in, seized or forfeited 

property; 

∑ Reimbursement to other Federal or 

State agencies for enforcement related 

services provided pursuant to an 

agreement entered into with the 

Secretary; 

∑ Expenditures related directly to 

specific investigations and enforcement 

proceedings; such as interviewing 

expert witnesses, witness participation 

at trials, hearings or depositions, expert 

witness fees, case support contracts, or 

required forensic or evidence handling 

supplies; 

∑ Attendance at international bi- or 

multi-lateral meetings and negotiations 

to discuss enforcement specific agenda 

items; 

∑ Training and associated travel 

required by policy for all enforcement 

personnel, mandatory courses at the 

Federal Law Enforcement Training 

Center and required field training 

assignments; 

∑ Mandatory annual in-service or 

national training for OLE and GCEL 

employees; 

∑ Training for Federal and state 

partners regarding Federal statutes and 

regulations under NOAA’s authorities; 

∑ Enforcement unique information 

technology infrastructure, including 

hardware, software and maintenance, 

required specifically for NOAA’s 

enforcement and legal systems and 

databases; 

∑ Annual interagency agreement and 

contract costs for the administrative 

adjudication process, including 

Administrative Law Judges; and, 

∑ Efforts to combat international 

unregulated and unreported fishing 

through annual funding to the 

International Monitoring, Control, and 

Surveillance Network. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 60087 

Compliance Assistance 

The Department will implement 

activities to better serve the needs of our 

stakeholders and improve the way 

NOAA engages and interacts with its 

regulated community. This new 

component will be aimed at improving 

and expanding NOAA’s compliance 

assistance, collaboration, and outreach 

activities. The Department will work 

with the Marine Fisheries Advisory 

Committee (additional information at: 

http://www.nmfs.noaa.gov/ocs/mafac/) 

to develop proposals for activities or 

program enhancements that will 

improve compliance with all marine 

resource statutes. Activities may 

include, but are not limited to: 

∑ Placing a full or part-time 

Compliance Assistance Liaison in 

NMFS Regional Offices as needed, 

beginning with New England; 

∑ Expanding the use of regional 

enforcement workshops and training 

sessions to bring together and educate 

stakeholders on regulations and other 

requirements associated with fishery 

management plans, National Marine 

Sanctuaries, and activities related to the 

protection of endangered species and 

marine mammals; 

∑ Educating and involving fishermen 

in the development of potential 

solutions to regional and national 

enforcement-related issues; and 

∑ Improving communication with 

regulated communities and the general 

public relative to enforcement issues 

through increased OLE and GCEL 

participation in Regional Fishery 

Management Council meetings or 

Sanctuary Advisory Committee 

meetings, improved websites, easy to 

understand compliance guides, and 

timely electronic or other notifications 

of changes in regulations. 

These compliance assistance activities 

would likely be funded by the AFF 

through agreements with federal and 

state partners, or in the case of efforts 

addressing NE Multispecies, through 

enforcement proceeds available to the 

Secretary under section 311(f) of the 

Magnuson-Stevens Act. 

II. Additional Information 

Ensuring a Strong Enforcement Program 

NOAA and other federal agencies 

with similar authorities must maintain 

adequate funding for enforcement. At 

the National Enforcement Summit held 

in early August, participants stressed 

the need for effective and fair 

enforcement around the country. They 

offered suggestions that NOAA should 

focus more on compliance and outreach 

to better balance its deterrence efforts. 

The need for a strong enforcement 

program is widely recognized and 

supported as a key component of 

supporting legal fishers and the 

American public through barring illegal 

imports, ending illegal domestic 

harvests, and ensuring safe and 

wholesome seafood products. As NOAA 

completes the broad set of activities 

aimed at improving its enforcement 

programs, including a corrective action 

plan for the AFF, NOAA must ensure an 

adequate funding level is maintained. 

Otherwise, the many benefits of a strong 

enforcement program would be at risk. 

Legislative Authorities 

The specific statutory authority for 

use of the fund for certain enforcement 

related purposes is found in section 

311(e)(1) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1861). Section 311(e)(1) 

authorizes six types of expenditures: (A) 

the reasonable and necessary costs 

incurred in providing temporary 

storage, care, and maintenance of seized 

fish or other property pending 

disposition of any civil or criminal 

proceeding alleging a violation of any 

provision of this Act or any other 

marine resource law enforced by the 

Secretary with respect to that fish or 

other property; (B) a reward of not less 

than 20 percent of the penalty collected 

or $20,000, whichever is the lesser 

amount, to any person who furnishes 

information which leads to an arrest, 

conviction, civil penalty assessment, or 

forfeiture of property for any violation 

of any provision of this Act or any other 

fishery resource law enforced by the 

Secretary; (C) any expenses directly 

related to investigations and civil or 

criminal enforcement proceedings, 

including any necessary expenses for 

equipment, training, travel, witnesses, 

and contracting services directly related 

to such investigations or proceedings; 

(D) any valid liens or mortgages against 

any property that has been forfeited; (E) 

claims of parties in interest to property 

disposed of under section 612(b) of the 

Tariff Act of 1930 (19 U.S.C. 1612(b)), as 

made applicable by section 310(c) of 

this Act or by any other marine resource 

law enforced by the Secretary, to 

seizures made by the Secretary, in 

amounts determined by the Secretary to 

be applicable to such claims at the time 

of seizure; and (F) reimbursement to any 

Federal or State agency, including the 

Coast Guard, for services performed, or 

personnel, equipment, or facilities 

utilized, under any agreement with the 

Secretary entered into pursuant to 

subsection (a), or any similar agreement 

authorized by law.Though not part of 

the AFF, section 311(f) provides that 

fines and penalties collected for 

violations of the Northeast Multispecies 

Fishery Management Plan shall be used 

for purposes of enforcing the Plan. 

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

Dated: September 24, 2010. 

Eric C. Schwaab, 

Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–24446 Filed 9–24–10; 4:15 pm] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Renew 

Collection 3038–0049, Procedural 

Requirements for Requests for 

Interpretative, No-Action, and 

Exemptive Letters 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

announcing an opportunity for public 

comment on the proposed collection of 

certain information by the agency. 

Under the Paperwork Reduction Act of 

1995 (PRA), 44 U.S.C. 3501 et seq., 

Federal agencies are required to publish 

notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment in response to the 

notice. This notice solicits comments on 

requirements relating to procedures for 

submitting requests for exemptive, noaction, and interpretative letters. 

DATES: Comments must be submitted on 

or before November 29, 2010. 

ADDRESSES: Comments may be mailed to 

Christopher W. Cummings, Division of 

Clearing and Intermediary Oversight, 

U.S. Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. 

FOR FURTHER INFORMATION CONTACT: 

Christopher W. Cummings (202) 418– 

5445; Fax: (202) 418–5528; e-mail: 

ccummings@cftc.gov. 

SUPPLEMENTAL INFORMATION: Under the 

PRA, Federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined in 

44 U.S.C. 3502(3) and 5 CFR 1320.3(c) 

and includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 


erowe on DSK5CLS3C1PROD with NOTICES