Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 5947 

1The petitioners are Allegheny Ludlum 

Corporation, AK Steel Corporation, United Auto 

Workers Local 3303, United Steelworkers of 

America, AFL-CIO/CLC, and Zanesville Armco 

Independent Organization. 

Extension of Time Limit for the 

Preliminary Results 

Section 751(a)(3)(A) of the Tariff Act 

of 1930, as amended (‘‘the Act’’), 

requires the Department to issue the 

preliminary results of an administrative 

review within 245 days after the last day 

of the anniversary month of an order for 

which a review is requested. If it is not 

practicable to complete the review 

within the time period, section 

751(a)(3)(A) of the Act allows the 

Department to extend this deadline to a 

maximum of 365 days. 

The Department determines that 

completion of the preliminary results of 

this review within the statutory time 

period is not practicable, given the 

extraordinarily complicated nature of 

the proceeding. The Department 

requires additional time to analyze the 

information gathered at verification 

concerning Hubei Xingfa’s corporate 

structure and ownership, sales 

practices, manufacturing methods, and 

to issue the verification report. 

Therefore, given the number and 

complexity of issues in this case, and in 

accordance with section 751(a)(3)(A) of 

the Act, we are extending the time 

period for issuing the preliminary 

results of review by 41 days until March 

12, 2010. The final results continue to 

be due 120 days after the publication of 

the preliminary results. 

This notice is published pursuant to 

sections 751(a)(3)(A) and 777(i)(1) of the 

Act and 19 CFR 351.213(h)(2). 

Dated: January 26, 2010. 

John M. Andersen. 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–2589 Filed 2–4–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–831] 

Stainless Steel Sheet and Strip in Coils 

from Taiwan: Final Results and 

Rescission in Part of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 5, 2009, the 

Department of Commerce (the 

Department) published the preliminary 

results of the administrative review of 

the antidumping duty order on stainless 

steel sheet and strip in coils (SSSSC) 

from Taiwan. This review covers one 

producer/exporter of the subject 

merchandise to the United States. The 

period of review (POR) is July 1, 2007, 

through June 30, 2008. We are 

rescinding the review with respect to 

two companies because these 

companies had no shipments of subject 

merchandise during the POR. 

Based on our analysis of the 

comments received, we have made no 

changes in the margin calculation. 

Therefore, the final results do not differ 

from the preliminary results. The final 

weighted–average dumping margin for 

the reviewed firm is listed below in the 

section entitled ‘‘Final Results of 

Review.’’ 

EFFECTIVE DATE: February 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Henry Almond, AD/CVD Operations, 

Office 2, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC, 20230; telephone (202) 

482–0049. 

SUPPLEMENTARY INFORMATION: 

Background 

This review covers three producers/ 

exporters: Chia Far Industrial Factory 

Co., Ltd. (Chia Far), Yieh United Steel 

Corporation (YUSCO), and Ta Chen 

Stainless Pipe Co., Ltd. (Ta Chen). Chia 

Far is the only company participating in 

this review, and we are rescinding the 

review with respect to YUSCO and Ta 

Chen. 

On August 5, 2009, the Department 

published in the Federal Register the 

preliminary results of administrative 

review of the antidumping duty order 

on SSSSC from Taiwan. See Stainless 

Steel Sheet and Strip in Coils from 

Taiwan: Preliminary Results and 

Preliminary Rescission in Part of 

Antidumping Duty Administrative 

Review, 74 FR 39055 (Aug. 5, 2009) 

(Preliminary Results). 

We invited parties to comment on our 

preliminary results of review. In 

September 2008, we received a case 

brief from the petitioners1 and a rebuttal 

brief from Ta Chen. At the request of the 

petitioners, we held a hearing on 

September 29, 2009. On November 23, 

2009, we postponed the deadline for the 

final results under section 751(a)(3)(A) 

the Tariff Act of 1930, as amended (the 

Act). See Stainless Steel Sheet and Strip 

in Coils From Taiwan: Notice of 

Extension of Time Limit for the Final 

Results of the 2007–2008 Administrative 

Review, 74 FR 61107 (Nov. 23, 2009). 

The Department has conducted this 

administrative review in accordance 

with section 751 of the Act. 

Scope of the Order 

The products covered by the order are 

certain stainless steel sheet and strip in 

coils. Stainless steel is an alloy steel 

containing, by weight, 1.2 percent or 

less of carbon and 10.5 percent or more 

of chromium, with or without other 

elements. The subject sheet and strip is 

a flat–rolled product in coils that is 

greater than 9.5 mm in width and less 

than 4.75 mm in thickness, and that is 

annealed or otherwise heat treated and 

pickled or otherwise descaled. The 

subject sheet and strip may also be 

further processed (e.g., cold–rolled, 

polished, aluminized, coated, etc.) 

provided that it maintains the specific 

dimensions of sheet and strip following 

such processing. 

The merchandise subject to the order 

is classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) 

at subheadings: 7219.13.00.31, 

7219.13.00.51, 7219.13.00.71, 

7219.13.00.81, 7219.14.00.30, 

7219.14.00.65, 7219.14.00.90, 

7219.32.00.05, 7219.32.00.20, 

7219.32.00.25, 7219.32.00.35, 

7219.32.00.36, 7219.32.00.38, 

7219.32.00.42, 7219.32.00.44, 

7219.33.00.05, 7219.33.00.20, 

7219.33.00.25, 7219.33.00.35, 

7219.33.00.36, 7219.33.00.38, 

7219.33.00.42, 7219.33.00.44, 

7219.34.00.05, 7219.34.00.20, 

7219.34.00.25, 7219.34.00.30, 

7219.34.00.35, 7219.35.00.05, 

7219.35.00.15, 7219.35.00.30, 

7219.35.00.35, 7219.90.00.10, 

7219.90.00.20, 7219.90.00.25, 

7219.90.00.60, 7219.90.00.80, 

7220.12.10.00, 7220.12.50.00, 

7220.20.10.10, 7220.20.10.15, 

7220.20.10.60, 7220.20.10.80, 

7220.20.60.05, 7220.20.60.10, 

7220.20.60.15, 7220.20.60.60, 

7220.20.60.80, 7220.20.70.05, 

7220.20.70.10, 7220.20.70.15, 

7220.20.70.60, 7220.20.70.80, 

7220.20.80.00, 7220.20.90.30, 

7220.20.90.60, 7220.90.00.10, 

7220.90.00.15, 7220.90.00.60, and 

7220.90.00.80. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

Department’s written description of the 

merchandise under the order is 

dispositive. 

Excluded from the scope of the order 

are the following: 1) sheet and strip that 

is not annealed or otherwise heat treated 

and pickled or otherwise descaled, 2) 

sheet and strip that is cut to length, 3) 


srobinson on DSKHWCL6B1PROD with NOTICES
5948 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 

2Arnokrome III is a trademark of the Arnold 

Engineering Company. 

3 Gilphy 36 is a trademark of Imphy, S.A. 

4 Durphynox 17 is a trademark of Imphy, S.A. 

5This list of uses is illustrated and provided for 

descriptive purposes only. 6 GIN4 Mo, GIN5 and GIN6 are the proprietary 

grades of Hitachi Metals America, Ltd. 

plate (i.e., flat–rolled stainless steel 

products of a thickness of 4.75 mm or 

more), 4) flat wire (i.e., cold–rolled 

sections, with a prepared edge, 

rectangular in shape, of a width of not 

more than 9.5 mm), and 5) razor blade 

steel. Razor blade steel is a flat–rolled 

product of stainless steel, not further 

worked than cold–rolled (cold– 

reduced), in coils, of a width of not 

more than 23 mm and a thickness of 

0.266 mm or less, containing, by weight, 

12.5 to 14.5 percent chromium, and 

certified at the time of entry to be used 

in the manufacture of razor blades. See 

Chapter 72 of the HTSUS, ‘‘Additional 

U.S. Note’’ 1(d). 

Also excluded from the scope of the 

order are certain specialty stainless steel 

products described below. Flapper valve 

steel is defined as stainless steel strip in 

coils containing, by weight, between 

0.37 and 0.43 percent carbon, between 

1.15 and 1.35 percent molybdenum, and 

between 0.20 and 0.80 percent 

manganese. This steel also contains, by 

weight, phosphorus of 0.025 percent or 

less, silicon of between 0.20 and 0.50 

percent, and sulfur of 0.020 percent or 

less. The product is manufactured by 

means of vacuum arc remelting, with 

inclusion controls for sulphide of no 

more than 0.04 percent and for oxide of 

no more than 0.05 percent. Flapper 

valve steel has a tensile strength of 

between 210 and 300 ksi, yield strength 

of between 170 and 270 ksi, plus or 

minus 8 ksi, and a hardness (Hv) of 

between 460 and 590. Flapper valve 

steel is most commonly used to produce 

specialty flapper valves in compressors. 

Also excluded is a product referred to 

as suspension foil, a specialty steel 

product used in the manufacture of 

suspension assemblies for computer 

disk drives. Suspension foil is described 

as 302/304 grade or 202 grade stainless 

steel of a thickness between 14 and 127 

microns, with a thickness tolerance of 

plus–or-minus 2.01 microns, and 

surface glossiness of 200 to 700 percent 

Gs. Suspension foil must be supplied in 

coil widths of not more than 407 mm, 

and with a mass of 225 kg or less. Roll 

marks may only be visible on one side, 

with no scratches of measurable depth. 

The material must exhibit residual 

stresses of 2 mm maximum deflection, 

and flatness of 1.6 mm over 685 mm 

length. 

Certain stainless steel foil for 

automotive catalytic converters is also 

excluded from the scope of the order. 

This stainless steel strip in coils is a 

specialty foil with a thickness of 

between 20 and 110 microns used to 

produce a metallic substrate with a 

honeycomb structure for use in 

automotive catalytic converters. The 

steel contains, by weight, carbon of no 

more than 0.030 percent, silicon of no 

more than 1.0 percent, manganese of no 

more than 1.0 percent, chromium of 

between 19 and 22 percent, aluminum 

of no less than 5.0 percent, phosphorus 

of no more than 0.045 percent, sulfur of 

no more than 0.03 percent, lanthanum 

of less than 0.002 or greater than 0.05 

percent, and total rare earth elements of 

more than 0.06 percent, with the 

balance iron. 

Permanent magnet iron–chromiumcobalt alloy stainless strip is also 

excluded from the scope of the order. 

This ductile stainless steel strip 

contains, by weight, 26 to 30 percent 

chromium, and 7 to 10 percent cobalt, 

with the remainder of iron, in widths 

228.6 mm or less, and a thickness 

between 0.127 and 1.270 mm. It exhibits 

magnetic remanence between 9,000 and 

12,000 gauss, and a coercivity of 

between 50 and 300 oersteds. This 

product is most commonly used in 

electronic sensors and is currently 

available under proprietary trade names 

such as Arnokrome III.2

Certain electrical resistance alloy steel 

is also excluded from the scope of the 

order. This product is defined as a non– 

magnetic stainless steel manufactured to 

American Society of Testing and 

Materials specification B344 and 

containing, by weight, 36 percent 

nickel, 18 percent chromium, and 46 

percent iron, and is most notable for its 

resistance to high temperature 

corrosion. It has a melting point of 1390 

degrees Celsius and displays a creep 

rupture limit of 4 kilograms per square 

millimeter at 1000 degrees Celsius. This 

steel is most commonly used in the 

production of heating ribbons for circuit 

breakers and industrial furnaces, and in 

rheostats for railway locomotives. The 

product is currently available under 

proprietary trade names such as Gilphy 

36.3

Certain martensitic precipitation– 

hardenable stainless steel is also 

excluded from the scope of the order. 

This high–strength, ductile stainless 

steel product is designated under the 

Unified Numbering System as S45500– 

grade steel, and contains, by weight, 11 

to 13 percent chromium, and 7 to 10 

percent nickel. Carbon, manganese, 

silicon and molybdenum each comprise, 

by weight, 0.05 percent or less, with 

phosphorus and sulfur each comprising, 

by weight, 0.03 percent or less. This 

steel has copper, niobium, and titanium 

added to achieve aging, and will exhibit 

yield strengths as high as 1700 Mpa and 

ultimate tensile strengths as high as 

1750 Mpa after aging, with elongation 

percentages of 3 percent or less in 50 

mm. It is generally provided in 

thicknesses between 0.635 and 0.787 

mm, and in widths of 25.4 mm. This 

product is most commonly used in the 

manufacture of television tubes and is 

currently available under proprietary 

trade names such as Durphynox 17.4

Finally, three specialty stainless steels 

typically used in certain industrial 

blades and surgical and medical 

instruments are also excluded from the 

scope of the order. These include 

stainless steel strip in coils used in the 

production of textile cutting tools (e.g., 

carpet knives).5 This steel is similar to 

AISI grade 420 but containing, by 

weight, 0.5 to 0.7 percent of 

molybdenum. The steel also contains, 

by weight, carbon of between 1.0 and 

1.1 percent, sulfur of 0.020 percent or 

less, and includes between 0.20 and 

0.30 percent copper and between 0.20 

and 0.50 percent cobalt. This steel is 

sold under proprietary names such as 

GIN4 Mo. The second excluded 

stainless steel strip in coils is similar to 

AISI 420–J2 and contains, by weight, 

carbon of between 0.62 and 0.70 

percent, silicon of between 0.20 and 

0.50 percent, manganese of between 

0.45 and 0.80 percent, phosphorus of no 

more than 0.025 percent and sulfur of 

no more than 0.020 percent. This steel 

has a carbide density on average of 100 

carbide particles per 100 square 

microns. An example of this product is 

GIN5 steel. The third specialty steel has 

a chemical composition similar to AISI 

420 F, with carbon of between 0.37 and 

0.43 percent, molybdenum of between 

1.15 and 1.35 percent, but lower 

manganese of between 0.20 and 0.80 

percent, phosphorus of no more than 

0.025 percent, silicon of between 0.20 

and 0.50 percent, and sulfur of no more 

than 0.020 percent. This product is 

supplied with a hardness of more than 

Hv 500 guaranteed after customer 

processing, and is supplied as, for 

example, GIN6.6

Period of Review 

The POR is July 1, 2007, through June 

30, 2008. 

Partial Rescission of Review 

As noted in the ‘‘Background’’ section 

above, we are rescinding the review 

with respect to two respondents, Ta 

Chen and YUSCO. As noted in the 

Preliminary Results, both Ta Chen and 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 5949 

YUSCO certified to the Department that 

they had no shipments/entries of subject 

merchandise into the United States 

during the POR. The Department 

subsequently confirmed with U.S. 

Customs and Border Protection (CBP) 

the no–shipment claim made by 

YUSCO. See the November 13, 2008, 

Memorandum to the File from Henry 

Almond, Analyst, entitled, ‘‘2007–2008 

Administrative Review of Stainless 

Steel Sheet and Strips in Coils from 

Taiwan: Entry Information from U.S. 

Customs and Border Protection (CBP).’’ 

See also Preliminary Results, 74 FR at 

39057. 

Since the preliminary results, no 

party to this proceeding has commented 

on our preliminary rescission for 

YUSCO. As a result, we are rescinding 

the review with respect to this 

company, in accordance with 19 CFR 

351.213(d)(3) and the Department’s 

practice. See, e.g., Chia Far Indus. 

Factory Co., Ltd. v. United States, 343 F. 

Supp. 2d 1344, 1374 (2004); Certain 

Steel Concrete Reinforcing Bars From 

Turkey; Final Results, Rescission of 

Antidumping Duty Administrative 

Review in Part, and Determination To 

Revoke in Part, 70 FR 67665, 67666 

(Nov. 8, 2005); and Notice of Final 

Results and Partial Rescission of 

Antidumping Duty Administrative 

Review: Certain Welded Carbon Steel 

Pipe and Tube from Turkey, 63 FR 

35190, 35191 (June 29, 1998). 

Regarding Ta Chen, this company also 

indicated that it had no shipments; 

however its U.S. affiliate imported 

SSSSC from Taiwan manufactured and 

exported by Tung Mung Development 

Co. (Tung Mung), whose SSSSC is 

excluded from the antidumping duty 

order. Subsequently, the petitioners 

alleged that such shipments should be 

subject to a middleman dumping 

inquiry. As discussed in the Preliminary 

Results, we preliminarily found that Ta 

Chen did not act as a middleman with 

respect to re–sales of imports by its U.S. 

affiliate, Ta Chen International (TCI), 

and we also preliminarily rescinded the 

review with respect to Ta Chen. See 

Preliminary Results, 74 FR at 39057–58. 

Since the time of the preliminary 

results, we received a case brief from the 

petitioners and a rebuttal brief from Ta 

Chen addressing this issue. After fully 

considering the interested parties’ 

comments, we continue to find that 

these direct sales of SSSSC from Tung 

Mung to TCI are not subject to a 

middleman dumping inquiry. Therefore, 

we are rescinding the review with 

respect to Ta Chen. For further 

discussion, see the Issues and Decision 

Memorandum (Decision Memo), 

accompanying this notice. 

Cost of Production 

As discussed in the Preliminary 

Results, we conducted an investigation 

to determine whether Chia Far made 

home market sales of the foreign like 

product during the POR at prices below 

its cost of production (COP) within the 

meaning of section 773(b) of the Act. 

See Preliminary Results, 73 FR at 

45398–99. For these final results, we 

made no changes to the cost test 

performed in the Preliminary Results. 

We found that more than 20 percent 

of Chia Far’s sales of a given product 

during the reporting period were at 

prices less than the weighted–average 

COP for this period. Thus, we continue 

to determine that these below–cost sales 

were made in ‘‘substantial quantities’’ 

within an extended period of time and 

at prices which did not permit the 

recovery of all costs within a reasonable 

period of time in the normal course of 

trade. See sections 773(b)(2)(B) - (D) of 

the Act. 

Therefore, for purposes of these final 

results, we continue to find that Chia 

Far made below–cost sales not in the 

ordinary course of trade. Consequently, 

we disregarded the below–cost sales and 

used the remaining sales as the basis for 

determining normal value pursuant to 

section 773(b)(1) of the Act. 

Analysis of Comments Received 

All issues raised in the case briefs by 

parties to this administrative review, 

and to which we have responded, are 

listed in the Appendix to this notice and 

addressed in the Decision Memo, which 

is adopted by this notice. 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 1117, of 

the main 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/. The paper copy and 

electronic version of the Decision Memo 

are identical in content. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made no 

changes in the margin calculations for 

Chia Far. 

Final Results of Review 

We determine that the following 

weighted–average margin percentage 

exists for the period July 1, 2007, 

through June 30, 2008: 

Manufacturer/Producer/Exporter 

Margin 

Percentage 

Chia Far Industrial Factory Co., 

Ltd. .......................................... 4.30 

Assessment 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of these final results of 

review. 

Pursuant to 19 CFR 351.212(b)(1), we 

calculated importer–specific ad valorem 

duty assessment rates for Chia Far based 

on the ratio of the total amount of 

antidumping duties calculated for the 

examined sales to the total entered 

value of those sales. Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties any entries for which the 

assessment rate is de minimis (i.e., less 

than 0.50 percent). 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced Chia Far for which Chia Far 

did not know its merchandise was 

destined for the United States. This 

clarification will also apply to POR 

entries of subject merchandise produced 

by companies for which we are 

rescinding the review based on 

certifications of no shipments, because 

these companies certified that they 

made no POR shipments of subject 

merchandise for which they had 

knowledge of U.S. destination. In such 

instances, we will instruct CBP to 

liquidate unreviewed entries at the all– 

others rate established in the less–thanfair–value (LTFV) investigation if there 

is no rate for the intermediate 

company(ies) involved in the 

transaction. 

Cash Deposit Requirements 

Further, the following deposit 

requirements will be effective for all 

shipments of SSSSC from Taiwan 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

for by section 751(a)(2)(C) of the Act: 1) 

the cash deposit rate for the reviewed 

company will be the rate shown above, 

except if the rate is less than 0.50 

percent, de minimis within the meaning 

of 19 CFR 351.106(c)(1), the cash 


srobinson on DSKHWCL6B1PROD with NOTICES
5950 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 

deposit will be zero; 2) for previously 

investigated companies not listed above, 

the cash deposit rate will continue to be 

the company–specific rate published for 

the most recent period; 3) if the exporter 

is not a firm covered in this review, or 

the LTFV investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; and 4) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 12.61 

percent, the ‘‘All Others’’ rate made 

effective by the LTFV investigation. See 

Notice of Antidumping Duty Order; 

Stainless Steel Sheet and Strip in Coils 

From United Kingdom, Taiwan, and 

South Korea, 64 FR 40555, 40557 (July 

27, 1999). These deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Notification to Importers 

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. 

Notification to Interested Parties 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

results of review in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: February 1, 2010. 

Carole A. Showers, 

Acting Deputy Assistant Secretary for Policy 

and Negotiations. 

Appendix–Issues in the Decision 

Memorandum 

1. Middleman Dumping 

[FR Doc. 2010–2592 Filed 2–4–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XT84 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Snapper 

and Grouper Off the Southern Atlantic 

States 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of receipt of an 

application for an exempted fishing 

permit; request for comments. 

SUMMARY: NMFS announces the receipt 

of an application for an exempted 

fishing permit (EFP) from the Gulf and 

South Atlantic Fisheries Foundation, 

Inc. If granted, the EFP would authorize 

the applicants, with certain conditions, 

to collect and retain limited numbers of 

specimens that would otherwise be 

prohibited from possession and 

retention. This study, to be conducted 

in the exclusive economic zone (EEZ) of 

the South Atlantic and Gulf of Mexico 

waters, is intended to characterize catch 

and bycatch within the southeastern 

shrimp fishery. 

DATES: Comments must be received no 

later than 5 p.m., eastern time, on March 

8, 2010. 

ADDRESSES: You may submit comments 

on the application by any of the 

following methods: 

• E-mail: 

Steve.Branstetter@noaa.gov. Include in 

the subject line of the e-mail comment 

the following document identifier: 

‘‘FNDlEFP’’. 

• Mail: Steve Branstetter, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

• Fax: 727–824–5308. 

The application and related 

documents are available for review 

upon written request to any of the above 

addresses. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, 727–824–5305; fax: 

727–824–5308; e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The EFP is 

requested under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.), and regulations at 

50 CFR 600.745(b) concerning exempted 

fishing. 

The described research is part of two 

Cooperative Agreements (No. 

NA08NMF4330406 and No. NA09 

NMF4540135). The research is intended 

to involve commercial fishermen in the 

collection of fundamental fisheries 

information. Resource collection efforts 

support the development and evaluation 

of fisheries management and regulatory 

options. 

The proposed collection for scientific 

research involves activities otherwise 

prohibited by regulations at 50 CFR 622, 

as they affect fish and invertebrates 

managed by the Gulf of Mexico and 

South Atlantic Fishery Management 

Councils (Councils). The EFP covers 

these Council-managed species that may 

be taken in association with the 

commercial shrimp fishery of the 

southeast United States. This would 

include reef fish, red drum, coastal 

migratory pelagics, stone crab, and 

lobsters in the Gulf of Mexico, and 

snapper-grouper, coastal migratory 

pelagics, dolphin and wahoo, and 

lobsters in the South Atlantic. The EFP 

exempts personnel from the Gulf and 

South Atlantic Fisheries Foundation, 

Inc. (Foundation) from bag limits, size 

limits, quotas, seasonal restrictions, and 

gear authorizations, when possessing 

Council-managed species as part of 

scientific research activities during the 

period from March 1, 2010, through July 

31, 2011. Specimens would be collected 

from Federal waters of the South 

Atlantic and Gulf of Mexico regions. 

Sampling would occur during normal 

fishing operations of the commercial 

penaeid shrimp fishery. Sampling 

would occur year-round, collecting as 

many as 500 fish during the course of 

the sampling. These fish would be 

retained only in the event of the need 

for subsequent shore-side identification 

or as documentation of quality 

assurance in the data collection process. 

Data collections for this study would 

support improved information about the 

catch, bycatch, discards, and the ability 

to reduce such bycatch for species taken 

by the shrimp fishery. These data would 

provide insight on a stock’s resilience to 

fishing, and would help refine estimates 

of long-term biological productivity of 

the stocks. Currently, these data are 

unavailable, and it is anticipated project 

results will yield valuable data within 

this fishery. 

NMFS finds this application warrants 

further consideration. Conditions the 

agency will impose on this permit, if it 

is indeed granted, include but are not 

limited to, a prohibition of conducting 

research within marine protected areas, 

marine sanctuaries, or special 

management zones, without additional 

authorization. Additionally, NMFS will 

prohibit the possession of Nassau or 

goliath grouper, and require any sea 

turtles taken incidentally during the 

course of fishing or scientific research 


srobinson on DSKHWCL6B1PROD with NOTICES