Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 64987 

import specimens of northern fur seals 

(Callorhinus ursinus) for scientific 

research. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

November 22, 2010. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov, and then selecting 

File No. 14525 from the list of available 

applications. 

These documents are also available 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 713–2289; fax (301) 713–0376; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562) 980–4001; 

fax (562) 980–4018. 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. 

Please include File No. 14525 in the 

subject line of the e-mail 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: 

Amy Sloan or Jennifer Skidmore, (301) 

713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), and the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

The applicant proposes to import 

biological samples from 10 subadult 

male fur seals over a five-year period for 

studies on mechanisms of sleep in fur 

seals. Fur seals will be captured in 

Russia, held in captivity, sampled while 

in captivity, and euthanized at the 

termination of study to obtain their 

brains. Whole brains and brain tissues 

will be imported to the U.S. for 

anatomical and immunohistochemical 

studies. The first aim of the project is to 

correlate the release of major 

neurotransmitters in the brain of the fur 

seal during sleep and waking using 

microdialysis, high-performance liquid 

chromatography and radioimmunoassay 

analysis. The second aim of the study is 

to localize the distribution of the above 

mentioned cell groups in the fur seal 

brain as well as to localize the positions 

of the sites where the microdialysis 

samples were collected. Samples would 

be imported from Russia to UCLA for 

analysis and samples would be exported 

from the U.S. to South Africa for 

additional analysis. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: October 15, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–26648 Filed 10–20–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 101014509–0508–01] 

RIN 0648–XZ62 

Notice of Availability of Draft Policy for 

the Assessment of Civil Administrative 

Penalties and Permit Sanctions for 

Public Review and Comment 

AGENCY: Office of General Counsel 

(OGC), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

announces the availability of a draft 

Policy for the Assessment of Civil 

Administrative Penalties and Permit 

Sanctions (Penalty Policy) for public 

review and comment. 

DATES: The draft Penalty Policy will 

remain available for public review until 

December 20, 2010. To ensure that 

comments will be considered, NOAA 

must receive written comments by 

December 20, 2010. 

ADDRESSES: Interested persons may 

submit comments by any of the 

following methods: 

• Electronic Submissions: Submit 

electronic public comments via the 

Federal e-Rulemaking portal http:// 

www.regulations.gov or 

penaltypolicy@noaa.gov; 

• Fax: 301 427–2210; Attn: Frank 

Sprtel; 

• Mail: Office of General Counsel for 

Enforcement and Litigation, National 

Oceanic and Atmospheric 

Administration, 8484 Georgia Avenue, 

Suite 400, Silver Spring, MD 20910, 

Attn: Frank Sprtel. 

The draft Penalty Policy is available 

electronically at the following Web site: 

http://www.nmfs.noaa.gov/ole/ 

penaltypolicy.html. Commenters may 

also request a hard copy of the draft 

Penalty Policy by sending a selfaddressed envelope (size 8.5 x 11 

inches) to the street address provided 

above. Comments submitted in response 

to this notice are a matter of public 

record. Before including an address, 

phone number, e-mail address, or other 

personal identifying information in a 

comment, please be aware that 

comments—including any personal 

identifying information—can and will 

be made publicly available. While a 

request can be made to withhold 

personal identifying information from 

public review, NOAA cannot ensure 

that it will be able to do so. 

FOR FURTHER INFORMATION CONTACT: 

Frank Sprtel at the above address or by 

telephone at 301 495–7147. 

SUPPLEMENTARY INFORMATION: The draft 

Penalty Policy is intended to provide 

guidance for the Assessment of civil 

administrative penalties and permit 

sanctions under the statutes and 

regulations enforced by NOAA. As 

explained more fully in the text of the 

draft Penalty Policy, the purpose of the 

Policy is to ensure that: (1) Civil 

administrative penalties and permit 

sanctions are assessed in accordance 

with the laws that NOAA enforces in a 

fair and consistent manner; (2) penalties 

and permit sanctions are appropriate for 

the gravity of the violation; (3) penalties 

and permit sanctions are sufficient to 

deter both particular violators and the 

regulated community from committing 

violations; (4) economic incentives for 

noncompliance are eliminated; and (5) 

compliance is expeditiously achieved 

and maintained to protect natural 

resources. Under this Policy, NOAA 

expects to improve consistency at a 

national level, provide greater 

predictability for the regulated 

community and the public, improve 


jlentini on DSKJ8SOYB1PROD with NOTICES
64988 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

1On September 30, 2009, the Department 

received a timely request to conduct an 

administrative review of the following 32 

companies: Abhinav Paper Products Pvt. Ltd.; 

American Scholar, Inc., and/or I–Scholar; 

Ampoules & Vials Mfg. Co., Ltd.; Bafna Exports; 

Blue Bird India Ltd.; Cello International Pvt. Ltd 

(M/S Cello Paper Products); Creative Divya; 

Corporate Stationery Pvt. Ltd.; D.D International; 

Exmart International Pvt. Ltd.; Fatechand 

Mahendrakumar; FFI International; Freight India 

Logistics Pvt. Ltd.; International Greetings Pvt. Ltd.; 

Lodha Offset Limited; Magic International Pvt. Ltd.; 

Marigold ExIm Pvt. Ltd.; Marisa International; 

Navneet Publications (India) Ltd.; Paperwise Inc.; 

Pioneer Stationery Pvt. Ltd.; Premier Exports; 

Riddhi Enterprises; SAB International; SAR 

Transport Systems; Seet Kamal International; 

Solitaire Logistics Pvt. Ltd. (Eternity Int’l Freight, 

forwarder on behalf of Solitaire Logistics Pvt. Ltd.); 

Sonal Printers Pvt. Ltd.; Super Impex; Swati Growth 

Funds Ltd.; V & M; and Yash Laminates. 

transparency in enforcement, and more 

effectively protect natural resources. 

Under the proposed penalty policy, 

penalties and permit sanctions are based 

on three criteria: (1) A base penalty 

amount and permit sanction reflective 

of the seriousness of the violation; (2) an 

adjustment of the base penalty and 

permit sanction upward or downward to 

reflect particular circumstances of a 

specific violation; and (3) an additional 

amount added to the adjusted base 

penalty to recoup the economic benefit 

of noncompliance. We note that the new 

penalty policy is a departure from 

NOAA’s prior practice of developing 

detailed penalty schedules by region 

and by specific types of violations with 

broad ranges for both penalty and 

permit sanctions. The new policy uses 

a simplified approach of one penalty 

and permit sanction matrix for each 

major statute NOAA enforces, to be 

applied nationally, with narrower 

penalty and permit sanction ranges. 

This approach assures that NOAA 

attorneys are provided with greater 

guidance in recommending penalties, 

and should assure fairness and 

consistency of approach across NOAA 

statutes, across fisheries, and across the 

country. 

When finalized, this draft Penalty 

Policy will supersede previous guidance 

regarding assessment of penalties or 

permit sanctions and previous penalty 

and permit sanction schedules issued by 

the NOAA Office of the General 

Counsel. This Penalty Policy provides 

guidance for the NOAA Office of the 

General Counsel, but does not, nor is it 

intended to, create a right or benefit, 

substantive or procedural, enforceable at 

law or in equity, in any person or 

company. 

The full penalty policy, along with 

examples, matrixes, and schedules, can 

be found at http://www.nmfs.noaa.gov/ 

ole/penaltypolicy.html. NOAA is 

seeking public comment on all portions 

of the penalty policy, but specifically 

asks for comment in the following areas: 

(1) The handling of recreational, versus 

commercial, activity in assessing 

penalties—specifically, whether to 

create separate matrixes and/or 

schedules for recreational activity in the 

penalty policy, or to leave such 

distinctions as an ‘‘adjustment’’ factor, as 

currently written; (2) the evaluation of 

prior violations in assessing penalties— 

specifically, whether to create upward 

penalty assessments based on prior 

charged conduct, or only to consider 

prior conduct that is fully adjudicated; 

(3) whether the proposed use of permit 

sanctions in the penalty policy is 

appropriate; (4) whether any additional 

upward or downward ‘‘adjustment’’ 

factors should be considered in 

assessing penalties under the penalty 

policy; (5) whether the matrixes and 

schedules in the penalty policy 

(Appendices 2 and 3), adequately reflect 

an appropriate range of penalties for 

particular violations; and (6) whether 

there should be any change in the 

proposed method of calculating 

economic benefit in the penalty policy. 

Dated: October 15, 2010. 

Lois J. Schiffer, 

General Counsel, National Oceanic and 

Atmospheric Administration. 

[FR Doc. 2010–26417 Filed 10–15–10; 4:15 pm] 

BILLING CODE 3510–12–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–843] 

Certain Lined Paper Products From 

India: Notice of Preliminary Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

U.S. Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) is conducting an 

administrative review of the 

antidumping duty order on certain lined 

paper products (CLPP) from India. For 

the period September 1, 2008, through 

August 31, 2009, we have preliminarily 

determined that Navneet Publications 

(India) Limited (Navneet) did not make 

sales of subject merchandise at less than 

normal value (NV) (i.e., sales were made 

at de minimis dumping margins). If 

these preliminary results are adopted in 

the final results of this administrative 

review, we will instruct U.S. Customs 

and Border Protection (CBP) to liquidate 

appropriate entries without regard to 

antidumping duties. For the same 

period, we have preliminarily 

determined that U.S. sales have been 

made below NV by Super Impex. If 

these preliminary results are adopted in 

our final results, we will instruct CBP to 

assess antidumping duties based on the 

difference between the export price (EP) 

and NV. See ‘‘Preliminary Results of 

Review’’ section of this notice. 

Interested parties are invited to 

comment on these preliminary results. 

DATES: Effective Date: October 21, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Moore (Navneet) or Cindy 

Robinson (Super Impex) AD/CVD 

Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone (202) 482–3692 or (202) 482– 

3797, respectively. 

Background 

On September 1, 2009, the 

Department issued a notice of 

opportunity to request an administrative 

review of this order for the period of 

review (POR) of September 1, 2008, 

through August 31, 2009. See 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity to Request 

Administrative Review, 74 FR 45179 

(September 1, 2009). 

Pursuant to a request from the 

Association of American School Paper 

Suppliers, (petitioner),1 the Department 

published in the Federal Register the 

notice of initiation of this antidumping 

duty administrative review with respect 

to 32 companies, including Navneet and 

Super Impex for the period September 

1, 2008, through August 31, 2009. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 74 FR 54956 (October 26, 2009). 

(Initiation Notice). On October 26, 2009, 

the petitioner timely withdrew its 

request for a review of Blue Bird (India) 

Limited (Blue Bird). 

On November 3, 2009, the Department 

notified interested parties of its intent to 

use CBP data for respondent selection. 

See Memorandum to The File, Through 

Melissa Skinner, Office Director, Office 

3 and Through James Terpstra, Program 

Manager, Office 3 from Stephanie 

Moore, Case Analyst titled ‘‘Customs 

and Border Patrol Data for Selection of 

Respondents for Individual Review.’’ 

On November 10 and December 3, 

2009, the Department received 

comments regarding respondent 

selection from the petitioner. On 

January 29, 2010, the Department 

selected Navneet and Super Impex as 

companies to be individually examined 


jlentini on DSKJ8SOYB1PROD with NOTICES