Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices 61425 

facsimile to (301)713–0376, or by email 

to NMFS.Pr1Comments@noaa.gov. 

Please include the File No. 15596 in the 

subject line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 

Education Division at the address listed 

above. The request should set forth the 

specific reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Colette Cairns or Jennifer Skidmore, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Endangered Species Act 

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

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR 222–226). 

The North Carolina Aquarium at Fort 

Fisher is requesting a permit to continue 

enhancement activities previously 

authorized under Permit No. 1273. 

Activities would include the continued 

maintenance and educational display of 

five captive-bred, non-releaseable adult 

shortnose sturgeon. This display would 

be used to increase public awareness of 

the shortnose sturgeon and its status by 

educating the public on shortnose 

sturgeon life history and the reasons for 

the species decline. The proposed 

project to display endangered cultured 

shortnose sturgeon responds directly to 

a recommendation from the NMFS 

recovery plan outline for this species. 

The permit would not authorize any 

takes from the wild, nor would it 

authorize any release of captive 

sturgeon into the wild. The permit is 

requested for a duration of 5 years. 

Dated: September 29, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–24988 Filed 10–4–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–922] 

Raw Flexible Magnets from the 

People’s Republic of China: 

Rescission of New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: October 5, 2010. 

SUMMARY: In response to a request from 

Jingzhou Meihou Flexible Magnet 

Company, Ltd. (‘‘Jingzhou Meihou’’) the 

Department of Commerce (the 

‘‘Department’’) published on April 30, 

2010, a Federal Register notice 

announcing the initiation of a new 

shipper review of the antidumping duty 

order on raw flexible magnets from the 

People’s Republic of China (‘‘PRC’’) 

covering the period of September 1, 

2009, through February 28, 2010. On 

August 27, 2010, Jingzhou Meihou 

withdrew its request for a new shipper 

review. Therefore, we are rescinding 

this new shipper review. 

FOR FURTHER INFORMATION CONTACT: 

Maisha Cryor, AD/CVD Operations, 

Office 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–5831. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 29, 2010, we received a 

timely request for a new shipper review 

from Jingzhou Meihou in accordance 

with 19 CFR 351.214(c) and 

351.214(d)(2). On April 30, 2010, the 

Department found that the request for 

review with respect to Jingzhou Meihou 

met all of the regulatory requirements 

set forth in 19 CFR 351.214(b) and 

initiated an antidumping duty new 

shipper review. See Raw Flexible 

Magnets From the People’s Republic of 

China: Initiation of Antidumping Duty 

New Shipper Review, 75 FR 22740 

(April 30, 2010). 

On August 27, 2010, Jingzhou Meihou 

withdrew its request for a new shipper 

review. On September 2, 2010, we 

placed on the record and served to 

parties a memorandum stating that the 

Department intended to rescind the 

above–referenced new shipper review, 

allowing parties to comment on the 

intended rescission by no later than 

September 9, 2010. See Memorandum to 

the File from Maisha Cryor, Case 

Analyst, through Robert Bolling, 

Program Manager, regarding: 

Withdrawal of Request for NSR from 

Jingzhou Meihou, dated September 2, 

2010. The Department did not receive 

comments from any party. See 

Memorandum to the File from Maisha 

Cryor, Case Analyst, through Robert 

Bolling, Program Manager, regarding: 

Comments on Jingzhou Meihou’s 

Withdrawal of Request for NSR, dated 

September 15, 2010. 

Rescission of New Shipper Review 

19 CFR 351.214(f)(1) provides that the 

Department may rescind a new shipper 

review if the party that requested the 

review withdraws its request for review 

within 60 days of the date of publication 

of the notice of initiation of the 

requested review. Although Jingzhou 

Meihou withdrew its request after the 

60-day deadline, we find it reasonable 

to extend the deadline. See 19 CFR 

351.302(b). In this instance, no other 

company would be affected by a 

rescission, and we have received no 

objections from any party to Jingzhou 

Meihou’s withdrawal of its request for 

this new shipper review. Based upon 

the above, we are rescinding the new 

shipper review of the antidumping duty 

order on raw flexible magnets from the 

PRC with respect to Jingzhou Meihou. 

See Certain Steel Nails From the 

People’s Republic of China: Rescission 

of New Shipper Review, 75 FR 38080 

(July 1, 2010) (rescinding the new 

shipper review after the 60-day 

deadline). As the Department is 

rescinding this new shipper review, we 

are not making a determination as to 

whether Jingzhou Meihou qualifies for a 

separate rate. Therefore, Jingzhou 

Meihou will remain part of the PRC 

entity. 

Notifications 

We intend to instruct U.S. Customs 

and Border Protection, 15 days from the 

date of publication of this notice, to 

liquidate any entries by Jingzhou 

Meihou during the period of review at 

the cash deposit rate in effect at the time 

of entry. 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

This notice also serves as the only 

reminder to parties subject to 

administrative protective orders (‘‘APO’’) 

of their responsibility concerning the 

return or destructions of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a). 

Timely written notification of the 

return/destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

We are issuing and publishing this 

determination and notice in accordance 

with section 777(i) of the Act and 19 

CFR 351.214(f)(3). 

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61426 Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices 

Dated: September 28, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–24996 Filed 10–4–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW81 

Takes of Marine Mammals Incidental to 

Specified Activities; Installation of 

Meteorological Data Collection 

Facilities in the Mid-Atlantic Outer 

Continental Shelf 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: In accordance with 

regulations implementing section the 

Marine Mammal Protection Act 

(MMPA), as amended, notification is 

hereby given that an Incidental 

Harassment Authorization (IHA) to take 

marine mammals, by harassment, 

incidental to pile driving associated 

with installation of two meteorological 

data collection facilities (MDCFs); one 

each off the coast of Delaware and New 

Jersey, has been issued to Bluewater 

Wind, LLC (Bluewater). 

DATES: This authorization is effective 

from October 1- November 15, 2010. 

ADDRESSES: A copy of the application, 

IHA, and a list of references used in this 

document may be obtained by writing to 

P. Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225. A copy of the application 

may be obtained by writing to this 

address or by telephoning the contact 

listed here and is also available at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Daly, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

151. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ’’...an impact resulting from 

the specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) establishes a 45– 

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny the authorization. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Summary of Request 

On May 5, 2010, NMFS received two 

applications from Bluewater for the 

taking, by Level B harassment, of marine 

mammals incidental to pile driving 

associated with installation of a MDCF 

in Federal waters approximately 16.5 

miles off the coast of Delaware and one 

approximately 20 miles off the coast of 

New Jersey during October 2010. 

Bluewater provided supplemental 

information to NMFS on June 8, 2010, 

completing the applications. In 

summary, to build each MDCF, 

Bluewater must drive, via an impact 

hammer, a single 3–meter pile into the 

seabed which will act as the foundation 

to elevate and support the data 

collection device. Pile driving has the 

potential to result in the take, by Level 

B harassment, of eight species marine 

mammals within the action area as it 

elevates underwater noise levels. Since 

pile driving has the potential to take 

marine mammals, a marine mammal 

take authorization under the MMPA is 

required. 

Description of the Specified Activity 

In November 2009, the Bureau of 

Ocean Energy Management (BOEM), 

formerly the Mineral Management 

Service, issued a lease to Bluewater for 

construction and operation of MDCFs 

designed to support future development 

of, among other companies, Bluewater’s 

planned Delaware and New Jersey 

Offshore Wind Parks. The purpose of 

installing the MDCFs is to determine the 

feasibility of a commercial-scale 

offshore wind energy park at the 

proposed project site. Bluewater will 

collect and analyze at least one full year 

of meteorological data inclusive of wind 

speed and direction at multiple heights, 

information on other seasonal 

meteorological conditions (e.g., 

turbulence, temperature, pressure, and 

atmospheric stability), the marine 

environment (e.g., ocean currents, tides, 

and waves), and avian and bat activity 

(e.g., activity within the potential rotor 

swept area, flight altitude). The IHA 

authorizes the take, by Level B 

harassment only, of marine mammals 

incidental to pile driving the monopole 

foundation required to support the wind 

data collection devices, not future 

installation of wind turbines. 

Bluewater will install a single 3– 

meter diameter pile foundation to 

elevate and stabilize a data collection 

device at two locations; one located in 

the Outer Continental Shelf (OCS) 

Official Protraction Diagram (OPD) lease 

block Salisbury, NJ 18–05 Lease Block 

6325 (approximately16 miles off 

Delaware) and one at OCS OPD lease 

block Wilmington, NJ 18–02 Block 6936 

(approximately 20 miles off NJ). The 

mean lower low water depth (MLLW) at 

the Delaware and New Jersey site is 

approximately 69 feet (21 m) and 82 feet 

(25 m), respectively. Pile driving is 

scheduled to occur in October 2010; 

however, given unforeseen construction 

or weather related delays, NMFS has 

made the IHA effective until November 

15, 2010. 

To install the monopole foundation, 

Bluewater will use an IHC-S 900 

Hydraulic Impact Hammer (or equal) 

mstockstill on DSKH9S0YB1PROD with NOTICES