78058 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

1See Certain Steel Nails From India, the Republic 

of Korea, Malaysia, the Sultanate of Oman, Taiwan, 

the Republic of Turkey, and the Socialist Republic 

of Vietnam: Initiation of Less-Than-Fair-Value 

Investigations, 79 FR 36019 (June 25, 2014) 

(Initation Notice). On the same day, the Department 

initiated a countervailing duty investigation of 

certain steel nails from Vietnam. See Certain Steel 

Nails From India, the Republic of Korea, Malaysia, 

the Sultanate of Oman, Taiwan, the Republic of 

Turkey, and the Socialist Republic of Vietnam: 

Initiation of Countervailing Duty Investigations, 79 

FR 36014 (June 25, 2014). 

2See Certain Steel Nails From the Republic of 

Korea, Malaysia, the Sultanate of Oman, Taiwan, 

and the Socialist Republic of Vietnam: 

Postponement of Preliminary Determination of 

Antidumping Duty Investigations, 79 FR 63082 

(October 22, 2014). 

3See Memorandum to Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement and 

Compliance, from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, ‘‘Decision 

Memorandum for the Preliminary Determination of 

the Less-Than-Fair-Value Investigation of Certain 

Steel Nails from the Socialist Republic of Vietnam,’’ 

dated concurrently with this determination and 

hereby adopted by this notice. A list of the topics 

discussed in the Preliminary Decision 

Memorandum appears in Appendix II, below. 

4 Id. 

5On November 24, 2014, Enforcement and 

Compliance changed the name of the Import 

Administration Antidumping and Countervailing 

Duty Centralized Electronic Service System (IA 

ACCESS) Antidumping and Countervailing Duty 

Centralized Electronic Service System (ACCESS). 

The Web site location was changed from http://

iaaccess.trade.gov to http://access.trade.gov. The 

Final Rule changing the references to the 

Regulations can be found at: 79 FR 69046 

(November 20, 2014). 

6See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigations involving Non-Market 

Economy Countries,’’ (April 5, 2005) (Policy 

Bulletin 05.1), available on the Department’s Web 

site at http://enforcement.trade.gov/policy/bull05- 

1.pdf. 

A. Legal Standard 

B. Inmax 

C. Region International 

XI. Discussion of Methodology 

A. Fair Value Comparisons 

B. Product Comparisons 

C. Determination of Comparison Method 

D. Export Price 

E. Normal Value 

F. Date of Sale 

G. Currency Conversion 

XII. Disclosure and Public Comment 

XIII. Verification 

XIV. Conclusion 

[FR Doc. 2014–30434 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–818] 

Certain Steel Nails From the Socialist 

Republic of Vietnam: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination and Extension of 

Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: December 29, 

2014. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that certain steel nails from 

the Socialist Republic of Vietnam 

(Vietnam) are being, or are likely to be, 

sold in the United States at less than fair 

value, as provided in section 733(b) of 

the Tariff Act of 1930, as amended (the 

Act). The period of investigation is 

October 1, 2013, through March 31, 

2014. The estimated weighted-average 

dumping margins are shown in the 

‘‘Preliminary Determination’’ section of 

this notice. Interested parties are invited 

to comment on this preliminary 

determination. The Department intends 

to issue the final determination 135 

days after publication of this 

preliminary determination in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Edythe Artman or Dena Crossland, AD/ 

CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–3931 and (202) 

482–3362, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the notice 

of initiation of this investigation on June 

25, 2014.1 Pursuant to section 

733(c)(1)(A) of the Act, the Department 

postponed this preliminary LTFV 

determination 42 days until December 

17, 2014.2

Scope of the Investigation 

The products covered by this 

investigation are certain steel nails from 

Vietnam. For a complete description of 

the scope of the investigation, see 

Appendix I to this notice. 

Scope Comments 

Several interested parties (i.e., IKEA 

Supply AG and IKEA Distributions 

Services Inc. (collectively IKEA), Target 

Corporation, and The Home Depot) 

submitted comments to the Department 

on the scope of the investigation as it 

appeared in the Initiation Notice, and 

Mid Continent Steel & Wire, Inc. 

(Petitioner) submitted rebuttal 

comments. For discussion of those 

comments and rebuttal comments, see 

the Preliminary Decision 

Memorandum.3

Methodology 

The Department conducted this 

investigation in accordance with section 

731 of the Act. We calculated export 

prices in accordance with section 772 of 

the Act. Because Vietnam is a nonmarket economy within the meaning of 

section 771(18) of the Act, we calculated 

normal value in accordance with section 

773(c) of the Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum.4 The 

Preliminary Decision Memorandum is a 

public document and is on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS).5

ACCESS is available to guest and 

registered users at http://

access.trade.gov and to all parties in the 

Central Records Unit, room 7046 of the 

main Department of Commerce 

building. In addition, parties can obtain 

a complete version of the Preliminary 

Decision Memorandum at http://

trade.gov/enforcement/frn/index.html. 

The signed and electronic versions of 

the Preliminary Decision Memorandum 

are identical in content. 

Use of Facts Available 

For the Vietnam-wide entity, we 

applied facts otherwise available with 

an adverse inference, pursuant to 

section 776(a)(1) and (b) of the Act. For 

a detailed discussion of this finding, see 

the Preliminary Decision Memorandum 

at section ‘‘The Vietnam-wide Entity.’’ 

For Region Industries Co., Ltd., we 

applied facts otherwise available, 

pursuant to section 776(a)(1) of the Act, 

for factor input information for a toller 

who performed electroplating on subject 

merchandise but did not respond to 

Region Industries’ request for input 

information. For a detailed discussion of 

this finding, see the Preliminary 

Decision Memorandum at section ‘‘Facts 

Available for Region Industries.’’ 

Combination Rates 

In the Initiation Notice, the 

Department stated that it would 

calculate combination rates for the 

respondents that are eligible for a 

separate rate in this investigation. Policy 

Bulletin 05.1 describes this practice.6

Preliminary Determination 

In accordance with section 

733(d)(1)(A)(i) of the Act, the 

Department calculated estimated 

weighted-average dumping margins for 

the individually investigated exporters 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78059 

7See 19 CFR 351.309(c). 

8See 19 CFR 351.309(d). 

9See Letter from Region Industries Co., Ltd. and 

United Nail Products Co., Ltd., ‘‘Certain Steel Nails 

from Vietnam; Extension Request for Final Results,’’ 

dated December 9, 2014. 

10See Modification of Regulations Regarding the 

Practice of Accepting Bonds During the Provisional 

Measures Period in Antidumping and 

Countervailing Duty Investigations, 76 FR 61042 

(October 3, 2011). 

11See section 772(c)(1)(C) of the Act. Unlike in 

administrative reviews, the Department calculates 

the adjustment for export subsidies in 

investigations not in the margin calculation 

program, but in the cash deposit instructions issued 

to CBP. See Notice of Final Determination of Sales 

at Less Than Fair Value, and Negative 

Determination of Critical Circumstances: Certain 

Lined Paper Products from India, 71 FR 45012 

(August 8, 2006), and accompanying Issues and 

Decision Memorandum at Comment 1. 

12See section 777A(f) of the Act. For further 

discussion, see the Preliminary Decision 

Memorandum at the section, ‘‘Section 777A(f) of 

the Act.’’ 

and producers of subject merchandise, 

listed below. The Department 

preliminarily determines that the 

following estimated weighted-average 

dumping margins exist for these 

individually investigated exporters and 

producers exist for the period October 1, 

2013, through March 31, 2014: 

Exporter Producer 

Weightedaverage 

dumping 

margin 

(percentage) 

Region International Co., Ltd ..................................................... Region Industries Co., Ltd ......................................................... 103.88 

United Nail Products Co., Ltd ..................................................... United Nail Products Co., Ltd ..................................................... 93.42 

Kosteel Vina Limited Company .................................................. Kosteel Vina Limited Company .................................................. 98.65 

Vietnam-Wide Entity * ................................................................. ..................................................................................................... 323.99 

* As detailed in the Preliminary Decision Memorandum, the Vietnam-wide entity includes the following exporters/producers: Cong Ty Tnhh 

Cong Nghe Nhua A Chau, Kim Tin Group, Megastar Co., Ltd. and Simone Accessories Collection. 

Verification 

As provided in section 782(i)(1) of the 

Act, the Department intends to verify 

the information submitted by Region 

International Co., Ltd., and its affiliated 

producer, Region Industries Co., Ltd. 

and United Nail Products Co., Ltd. prior 

to making a final determination in this 

investigation. 

Disclosure and Public Comment 

The Department intends to disclose 

the calculations performed for this 

preliminary determination to parties 

within five days of the date of 

publication of this notice, in accordance 

with 19 CFR 351.224(b). 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance via ACCESS no later than 

no later than seven days after the date 

on which the final verification report is 

issued in this proceeding 7 and rebuttal 

briefs, limited to issues raised in the 

case briefs, must be submitted via 

ACCESS no later than five days after the 

deadline for filing case briefs.8 Pursuant 

to 19 CFR 351.309(c)(2) and (d)(2), 

parties who submit case briefs or 

rebuttal briefs in this proceeding are 

encouraged to submit with each 

argument: (1) A statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, or to participate in a hearing if 

one is requested, must submit a written 

request to the Assistant Secretary for 

Enforcement and Compliance. An 

electronically filed request must be 

submitted via ACCESS within 30 days 

after the date of publication of this 

notice. Electronically filed case briefs/

written comments and hearing requests 

must be received successfully in their 

entirety by the Department’s electronic 

records system, ACCESS, by 5:00 p.m. 

Eastern Standard Time. Hearing 

requests should contain: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants in the 

hearing; and (3) a list of the issues to be 

discussed at the hearing. If a request for 

a hearing is made, the Department 

intends to hold the hearing at the U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW, 

Washington, DC 20230, at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing, two days before 

the scheduled date. 

All documents submitted to ACCESS 

must be received successfully in their 

entirety by no later than 5:00 p.m. 

Eastern Time on the day in which the 

document is due. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Pursuant to section 735(a)(2) of the 

Act, Region Industries Co., Ltd. and 

United Nail Products Co., Ltd. requested 

that, in the event of an affirmative 

preliminary determination in this 

investigation, the Department postpone 

its final determination and extend 

provisional measures from four months 

to six months.9 Additionally, Region 

Industries Co., Ltd. and United Nail 

Products Co., Ltd. agreed to extend the 

application of the provisional measures 

prescribed under section 733(d) of the 

Act and 19 CFR 351.210(e)(2), from a 

four-month period to a six-month 

period. Pursuant to requests from 

Region Industries Co., Ltd. and United 

Nail Products Co., Ltd. and in 

accordance with section 735(a)(2)(A) of 

the Act and 19 CFR 351.210(b)(2)(ii) and 

(e)(2),we will make our final 

determination no later than 135 days 

after the publication of this preliminary 

determination. The suspension of 

liquidation described below will be 

extended accordingly. 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, the Department will instruct 

U.S. Customs and Border Protection 

(CBP) to suspend liquidation of all 

entries of certain steel nails from 

Vietnam, as described in the scope of 

the investigation in Attachment 1 of this 

notice, which are entered or withdrawn 

from warehouse for consumption on or 

after the date of publication of this 

notice in the Federal Register. 

Pursuant to section 733(d) of the Act 

and 19 CFR 351.205(d), we will instruct 

CBP to require a cash deposit 10 equal to 

the estimated weighted-average amount 

by which normal value exceeds U.S. 

price, adjusted where appropriate for 

export subsidies 11 and estimated 

domestic subsidy pass-through,12 as 

follows: (1) The cash deposit rates for 

the exporter/producer combinations 

listed in the table above will be the rate 

identified for that combination in the 

table; (2) for all combinations of 

Vietnamese exporters/producers of 

merchandise under consideration that 

have not received their own separate 

rate above, the cash-deposit rate will be 

the cash deposit rate established for the 

Vietnam-wide entity, 323.99 percent; 

and (3) for all non-Vietnamese exporters 


tkelley on DSK3SPTVN1PROD with NOTICES
78060 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

13See Certain Steel Nails From the Socialist 

Republic of Vietnam: Preliminary Affirmative 

Countervailing Duty Determination and Alignment 

of Final Countervailing Duty Determination With 

Final Antidumping Duty Determination, 79 FR 

65184 (November 3, 2014), and accompanying 

Preliminary Decision Memorandum at 20. 

14See id. 

15See id. at 65185. 

16See Preliminary Decision Memorandum at the 

section, ‘‘Section 777A(f) of the Act.’’ 

17The shaft length of certain steel nails with flat 

heads or parallel shoulders under the head shall be 

measured from under the head or shoulder to the 

tip of the point. The shaft length of all other certain 

steel nails shall be measured overall. 

of merchandise under consideration 

which have not received their own 

separate rate above, the cash-deposit 

rate will be the cash deposit rate 

applicable to the Vietnamese exporter/

producer combination that supplied that 

non-Vietnamese exporter. These 

suspension of liquidation and cash 

deposit instructions will remain in 

effect until further notice. 

Furthermore, as stated above and 

consistent with our practice, we will 

instruct CBP to require a cash deposit 

equal to the amount by which normal 

value exceeds the export price or 

constructed export price, less the 

amount of the countervailing duty rate 

determined to be attributable to an 

export subsidy. With regard to Region 

Industries Co., Ltd., export subsidies 

constitute 8.34 percent 13 of Region 

Industries Co., Ltd.’s preliminarily 

calculated countervailing duty rate in 

the companion countervailing duty 

investigation. Therefore, we will offset 

Region Industries Co., Ltd.’s 

antidumping duty cash deposit rate by 

the countervailing duty rate attributable 

to export subsidies (i.e., 8.34 percent) to 

calculate its preliminary cash deposit 

rate for this LTFV investigation. We 

have not adjusted the preliminary cash 

deposit rate for United Nail Products 

Co., Ltd. for export subsidies because 

the amount of its preliminary calculated 

countervailing duty rate in the 

companion countervailing duty 

investigation attributable to export 

subsidies is de minimis.14 With respect 

to the separate rate company which was 

not individually investigated, we have 

adjusted its antidumping duty cash 

deposit rate to account for export 

subsidies because this company is 

currently subject to the countervailing 

duty rate calculated for ‘‘All Others’’ in 

the preliminary determination of the 

companion countervailing duty 

investigation, and we did include export 

subsidies (i.e., 8.34 percent) in the 

calculation of that countervailing duty 

rate.15 Accordingly, we have adjusted 

the antidumping duty cash deposit rate 

for the separate rate company. With 

respect to the Vietnam-wide entity, we 

find that an export-subsidy adjustment 

is warranted because an export subsidy 

amount (i.e., 8.34 percent) was included 

in a countervailing duty rate to which 

Vietnam-wide entries are currently 

subject. Accordingly, we have also 

adjusted the antidumping duty cash 

deposit rate for the Vietnam-wide entity. 

We are not adjusting the preliminary 

determination rates for estimated 

domestic subsidy pass-through because 

we have no basis upon which to make 

such an adjustment.16

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, we will notify the International 

Trade Commission (ITC) of our 

preliminary affirmative determination of 

sales at less than fair value. Because the 

preliminary determination in this 

proceeding is affirmative, section 

735(b)(2) of the Act requires that the ITC 

make its final determination as to 

whether the domestic industry in the 

United States is materially injured, or 

threatened with material injury, by 

reason of imports of certain steel nails 

from Vietnam before the later of 120 

days after the date of this preliminary 

determination or 45 days after our final 

determination. Because we are 

postponing the deadline for our final 

determination to 135 days from the date 

of the publication of this determination, 

as described immediately above, the ITC 

will make its final determination no 

later than 45 days after our final 

determination. 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: December 17, 2014. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is certain steel nails having a 

nominal shaft length not exceeding 12 

inches.17 Certain steel nails include, but are 

not limited to, nails made from round wire 

and nails that are cut from flat-rolled steel. 

Certain steel nails may be of one piece 

construction or constructed of two or more 

pieces. Certain steel nails may be produced 

from any type of steel, and may have any 

type of surface finish, head type, shank, point 

type and shaft diameter. Finishes include, 

but are not limited to, coating in vinyl, zinc 

(galvanized, including but not limited to 

electroplating or hot dipping one or more 

times), phosphate, cement, and paint. Certain 

steel nails may have one or more surface 

finishes. Head styles include, but are not 

limited to, flat, projection, cupped, oval, 

brad, headless, double, countersunk, and 

sinker. Shank styles include, but are not 

limited to, smooth, barbed, screw threaded, 

ring shank and fluted. Screw-threaded nails 

subject to this proceeding are driven using 

direct force and not by turning the nail using 

a tool that engages with the head. Point styles 

include, but are not limited to, diamond, 

needle, chisel and blunt or no point. Certain 

steel nails may be sold in bulk, or they may 

be collated in any manner using any material. 

If packaged in combination with one or more 

non-subject articles, certain steel nails 

remain subject merchandise if the total 

number of nails of all types, in aggregate 

regardless of size, is equal to or greater than 

25. 

Excluded from the scope of this 

investigation are certain steel nails packaged 

in combination with one or more non-subject 

articles, if the total number of nails of all 

types, in aggregate regardless of size, is less 

than 25. 

Also excluded from the scope of this 

investigation are steel nails that meet the 

specifications of Type I, Style 20 nails as 

identified in Tables 29 through 33 of ASTM 

Standard F1667 (2013 revision). 

Also excluded from the scope of this 

investigation are nails suitable for use in 

powder-actuated hand tools, whether or not 

threaded, which are currently classified 

under Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings 

7317.00.20.00 and 7317.00.30.00. 

Also excluded from the scope of this 

investigation are nails having a case hardness 

greater than or equal to 50 on the Rockwell 

Hardness C scale (HRC), a carbon content 

greater than or equal to 0.5 percent, a round 

head, a secondary reduced-diameter raised 

head section, a centered shank, and a smooth 

symmetrical point, suitable for use in gasactuated hand tools. 

Also excluded from the scope of this 

investigation are corrugated nails. A 

corrugated nail is made up of a small strip 

of corrugated steel with sharp points on one 

side. 

Also excluded from the scope of this 

investigation are thumb tacks, which are 

currently classified under HTSUS 

7317.00.10.00. 

Certain steel nails subject to this 

investigation are currently classified under 

HTSUS subheadings 7317.00.55.02, 

7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 

7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 

7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 

7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 

7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 

7317.00.65.30, 7317.00.65.60 and 

7317.00.75.00. Certain steel nails subject to 

this investigation also may be classified 

under HTSUS subheading 8206.00.00.00. 

While the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of this investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Background 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78061 

2. Period of Investigation 

3. Scope of Investigation 

4. Scope Comments 

5. Respondent Selection 

6. Discussion of the Methodology 

a. Non-Market Economy Country 

b. Separate Rates Determination 

c. The Vietnam-Wide Entity 

d. Single-Entity Treatment 

e. Facts Available 

f. Surrogate Country 

g. Surrogate Value Comments 

h. Combination Rates 

i. Date of Sale 

j. Normal Value 

k. Factor Valuation Methodology 

l. Comparisons to Normal Value 

m. Currency Conversion 

7. Verification 

8. Section 777A(f) of the Act 

9. U.S. International Trade Commission 

Notification 

10. Disclosure and Public Comment 

11. Conclusion 

[FR Doc. 2014–30431 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD643 

Notice of Availability of a Draft 

Programmatic Environmental 

Assessment for Fisheries Research 

Conducted and Funded by the National 

Marine Fisheries Service, Northeast 

Fisheries Science Center 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of a Draft 

Programmatic Environmental 

Assessment; Request for comments. 

SUMMARY: NMFS announces the 

availability of the ‘‘Draft Programmatic 

Environmental Assessment (DPEA) for 

Fisheries Research Conducted and 

Funded by the Northeast Fisheries 

Science Center (NEFSC).’’ Publication of 

this notice begins the official public 

comment period for this DPEA. The 

purpose of the DPEA is to evaluate, in 

compliance with the National 

Environmental Policy Act (NEPA), the 

potential direct, indirect, and 

cumulative impacts of conducting and 

funding fisheries and ecosystem 

research along the U.S. East Coast, 

including of the Northeast Continental 

Shelf Large Marine Ecosystem (LME) 

and the Southeast Continental Shelf 

Large Marine Ecosystem (LME). 

DATES: Comments and information must 

be received no later than January 28, 

2015. 

ADDRESSES: Comments on the DPEA 

should be addressed to Nathan Keith, 

NMFS NEFSC Woods Hole Laboratory, 

166 Water Street, Woods Hole, MA 

02543. The mailbox address for 

providing email comments is 

NEFSC.DPEA@noaa.gov. NMFS is not 

responsible for email comments sent to 

addresses other than the one provided 

here. Comments sent via email, 

including all attachments, must not 

exceed a 10-megabyte file size. 

A copy of the DPEA may be obtained 

by writing to the address specified 

above, telephoning the contact listed 

below (see FOR FURTHER INFORMATION

CONTACT), or visiting the Internet at: 

http://nefsc.noaa.gov/dpea.aspx. 

Documents cited in this notice may also 

be viewed, by appointment, during 

regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Nathan Keith, NEFSC, NMFS, (508) 

495–2224. 

SUPPLEMENTARY INFORMATION: The 

NEFSC is the research arm of NMFS in 

the Northeast Region. The NEFSC 

conducts research and provides 

scientific advice to manage fisheries and 

conserve protected species in the 

Atlantic Ocean from the U.S.-Canada 

border to Florida. Most NEFSCconducted and funded fisheries research 

occurs in the Northeast U.S. Continental 

Shelf LME but also occurs in the 

Southeast U.S. Continental Shelf LME 

and adjacent offshore areas. Research is 

aimed at monitoring fish stock 

recruitment, survival and biological 

rates, abundance and geographic 

distribution of species and stocks, and 

providing other scientific information 

needed to improve our understanding of 

complex marine ecological processes. 

Primary research activities include: 

Bottom trawl surveys to support 

assessments of multiple groundfish and 

shrimp species as well as the status of 

benthic habitats, pelagic trawl surveys 

to assess Atlantic herring and Atlantic 

salmon stocks, dredge and video camera 

surveys to assess scallop stocks and 

habitat recovery, longline and gillnet 

surveys to research life history 

parameters and abundance of numerous 

shark species, and extensive cooperative 

research projects designed to address 

current or emerging information needs 

of the commercial fishing industry such 

as bycatch reduction efforts and 

development of new fisheries. Many 

research activities also include active 

acoustic systems, plankton nets, and 

other oceanographic equipment that 

provide important data on the status 

and trends of marine ecosystems 

important for various fisheries and 

natural resource management processes. 

NMFS has prepared the DPEA under 

NEPA to evaluate several alternatives 

for conducting and funding fisheries 

and ecosystem research activities as the 

primary federal action. Additionally in 

the DPEA, NMFS evaluates a secondary 

federal action—also called a ‘‘connected 

action’’ under 40 CFR 1508.25 of the 

Council on Environmental Quality’s 

regulations for implementing the 

procedural provisions of NEPA (42 

U.S.C. 4321 et seq.)—which is the 

proposed promulgation of regulations 

and authorization of the take of marine 

mammals incidental to the fisheries 

research under the Marine Mammal 

Protection Act (MMPA). Additionally, 

because the proposed research activities 

occur in areas inhabited by species of 

marine mammals, birds, sea turtles, and 

fish listed under the Endangered 

Species Act (ESA) as threatened or 

endangered, this DPEA evaluates 

activities that could result in 

unintentional takes of ESA-listed 

marine species. 

The following four alternatives are 

evaluated in the DPEA: 

• No-Action/Status Quo 

Alternative—Conduct Federal Fisheries 

and Ecosystem Research with Scope and 

Protocols Similar to Past Effort. 

• Preferred Alternative—Conduct 

Federal Fisheries and Ecosystem 

Research (New Suite of Research) with 

Mitigation for MMPA and ESA 

Compliance. 

• Modified Research Alternative— 

Conduct Federal Fisheries and 

Ecosystem Research (New Suite of 

Research) with Additional Mitigation. 

• No Research Alternative—No 

Fieldwork for Federal Fisheries and 

Ecosystem Research Conducted or 

Funded by NEFSC. 

The first three alternatives include a 

program of fisheries and ecosystem 

research projects conducted or funded 

by the NEFSC as the primary federal 

action. Because this primary action is 

connected to a secondary federal action 

to consider authorizing incidental take 

of marine mammals under the MMPA, 

NMFS must identify as part of this 

evaluation ‘‘(t)he means of effecting the 

least practicable adverse impact on the 

species or stock and its habitat.’’ 

(Section 101(a)(5)(A) of the MMPA [16 

U.S.C. 1361 et seq.]). NMFS must 

therefore identify and evaluate a 

reasonable range of mitigation measures 

to minimize impacts to marine 

mammals that occur in NEFSC research 

areas. These mitigation measures are 

considered as part of the identified 

alternatives in order to evaluate their 

effectiveness to minimize potential 


tkelley on DSK3SPTVN1PROD with NOTICES