54022 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov/index.cfm, and 

then selecting File No. 14726 from the 

list of available applications. These 

documents are also available for review 

upon written request or by appointment 

in the following offices: 

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 

Southeast Region, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

phone (727)824–5312; fax (727)824– 

5309. 

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate. 

Comments may also be submitted by 

facsimile at (301)713–0376, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 14726. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Opay or Amy Hapeman, 

(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 parts 222–226). 

The purpose of this project is to locate 

and describe areas of the Atlantic Ocean 

and Gulf of Mexico near Florida that 

serve as developmental habitat for 

pelagic-stage juvenile and neonate 

loggerhead, green, Kemp’s ridley, 

hawksbill, and leatherback sea turtles, 

to quantify threats to pelagic sea turtles, 

and to gather information on their lifehistory, genetics, movements, behavior, 

and diet. Researchers propose to capture 

by dip net, flipper tag, passive 

integrated transponder tag, measure, 

weigh, and oral swab up to 250 

loggerheads, 100 greens, 50 Kemp’s 

ridleys, 50 hawksbills, and 10 

leatherbacks. Up to 100 of the 

loggerheads, all of the greens, all of the 

Kemp’s ridleys, all of the hawksbills, 

and all of the leatherbacks would be 

esophageal lavaged. 

Up to 100 of the loggerheads, all of 

the greens, and all of the hawksbills 

would be skin biopsied. Up to 5 of the 

Kemp’s ridleys would have a satellite 

tag attached. The requested permit 

duration is five years. 

Dated: October 15, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–25349 Filed 10–20–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

C–489–806 

Certain Pasta From Turkey: Final 

Results of Countervailing Duty 

Changed Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 28, 2009, the 

Department of Commerce (‘‘the 

Department’’) published a notice of 

initiation of a changed circumstances 

review (‘‘CCR’’) of the countervailing 

duty (‘‘CVD’’) order on certain pasta 

from Turkey as requested by Marsan 

Gida Sanayi ve Ticret A.S. (‘‘Marsan’’). 

See Notice of Initiation of 

Countervailing Duty Changed 

Circumstances Review: Certain Pasta 

from Turkey, 74 FR 4938 (January 28, 

2009) (‘‘Initiation Notice’’). On 

September 15, 2009, we published our 

preliminary results of the CVD CCR. See 

Certain Pasta From Turkey: Preliminary 

Results of Countervailing Duty Changed 

Circumstances Review, 74 FR 47225 

(September 15, 2009) (‘‘Preliminary 

Results’’). Pursuant to the new criteria 

outlined in the Preliminary Results, we 

preliminarily found that Marsan is not 

the successor to Gidasa Sabanci Gida 

Sanayi ve Ticaret A.S. (‘‘Gidasa’’) for 

purposes of the CVD cash deposit rates. 

We invited interested parties to 

comment on these preliminary results 

and we received comments from 

Marsan. For the final results, we 

continue to find that Marsan is not the 

successor to Gidasa, for purposes of the 

CVD cash deposit rates, and therefore its 

merchandise should continue to enter 

under the ‘‘all others’’ cash deposit rate. 

EFFECTIVE DATE: October 21, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Shelly Atkinson, or Brandon Farlander, 

AD/CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue, 

NW, Washington, DC 20230; telephone: 

(202) 482–0116 or (202) 482–0182, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, the Department 

published in the Federal Register the 

order on certain pasta from Turkey. See 

Notice of Countervailing Duty Order: 

Certain Pasta (‘‘Pasta’’) From Turkey, 61 

FR 38546 (July 24, 1996). On December 

3, 2008, Marsan requested that the 

Department initiate and conduct 

expedited CCRs to determine that, for 

purposes of the antidumping duty 

(‘‘AD’’) and CVD cash deposit rates, 

Marsan is the successor to Gidasa. See 

Marsan’s December 3, 2008, submission 

entitled, ‘‘Pasta from Turkey: Request 

for Expedited Changed Circumstances 

Review of AD/CVD Orders’’ (‘‘CCR 

Request’’). On January 28, 2009, the 

Department published a notice of 

initiation of a CCR of the CVD order for 

Marsan. See Initiation Notice. On April 

16, 2009, the Department requested 

additional information and issued a 

questionnaire to Marsan, to which it 

responded on May 1, 2009. See 

Marsan’s May 1, 2009, response 

entitled, ‘‘Pasta from Turkey: Marsan 

response to the supplemental 

questionnaire.’’ 

On April 14, 2009, and June 2, 2009, 

the Department published its 

preliminary and final results, 

respectively, for the CCR of the AD 

order on certain pasta from Turkey and 

found that Marsan was the successor– 

in-interest to Gidasa for AD cash deposit 

purposes. See Certain Pasta from 

Turkey: Notice of Preliminary Results of 

Antidumping Duty Changed 

Circumstances Review, 74 FR 17153 

(April 14, 2009); Certain Pasta from 

Turkey: Notice of Final Results of 

Antidumping Duty Changed 

Circumstances Review, 74 FR 26373 

(June 2, 2009). On September 15, 2009, 

the Department published the 

preliminary results of the CVD CCR of 

the CVD order on pasta from Turkey and 

preliminarily found that, based on the 

Department’s new methodology and 

criteria to analyze successorship claims 

in CVD CCRs, Marsan was not the 

successor to Gidasa, for purposes of the 

CVD cash deposit rate, and therefore its 

merchandise should continue to enter 

under the ‘‘all others’’ cash deposit rate. 

See Preliminary Results. We invited 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 54023 

parties to comment on our preliminary 

results and received comments from 

Marsan on September 24, 2009. We did 

not receive any rebuttal comments. 

Scope of Review 

Imports covered by this review are 

shipments of certain non–egg dry pasta 

in packages of five pounds (2.27 

kilograms) or less, whether or not 

enriched or fortified or containing milk 

or other optional ingredients such as 

chopped vegetables, vegetable purees, 

milk, gluten, diastases, vitamins, 

coloring and flavorings, and up to two 

percent egg white. The pasta covered by 

this scope is typically sold in the retail 

market, in fiberboard or cardboard 

cartons, or polyethylene or 

polypropylene bags of varying 

dimensions. 

Excluded from the scope of this 

review are refrigerated, frozen, or 

canned pastas, as well as all forms of 

egg pasta, with the exception of non–egg 

dry pasta containing up to two percent 

egg white. 

The merchandise subject to review is 

currently classifiable under item 

1902.19.20 of the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’). Although the HTSUS 

subheading is provided for convenience 

and customs purposes, the written 

description of the merchandise subject 

to the order is dispositive. 

Final Results of Changed 

Circumstances Review 

For the final results, we are hereby 

adopting our methodology and findings 

from the Preliminary Results. We 

continue to find that Marsan’s 

merchandise is not entitled to enter 

under the CVD cash deposit rate 

previously established in the last CVD 

administrative review of Gidasa. 

Accordingly, we determine that 

Marsan’s merchandise should continue 

to enter under the ‘‘all others’’ CVD cash 

deposit rate of 9.38 percent. 

All issues raised in the case brief filed 

by Marsan are addressed in the Issues 

and Decision Memorandum for the 

Final Results of the Countervailing Duty 

Changed Circumstances Review on 

Certain Pasta from Turkey (‘‘Issues and 

Decision Memorandum’’), which is 

dated concurrently with and hereby 

adopted by this notice. Attached to this 

notice as an appendix is a list of the 

issues which the interested party raised 

and to which we have responded in the 

Issues and Decision Memorandum. 

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 Department’s Central Records 

Unit in Room 1117 of the main 

Department building. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly on the Web at http:// 

ia.ita.doc.gov/frn/index.html. The paper 

copy and electronic version of the Issues 

and Decision Memorandum are 

identical in content. 

Notification 

This notice serves as a final reminder 

to parties to administrative protective 

orders (‘‘APO’s) of their responsibility 

concerning the disposition of 

proprietary information disclosed under 

APO in accordance with 19 CFR 

351.305(a)(3). Failure to timely notify 

the Department in writing of the return/ 

destruction of APO material is a 

sanctionable violation. 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(b)(1) and 777(i)(1) and (2) 

of the Act and 19 CFR 351.216. 

Dated: October 13, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

APPENDIX 

List of Comments and Issues in the 

Issues and Decision Memorandum 

Comment 1: Whether the Facts of the 

Case Warrant a Finding of 

Successorship 

Comment 2: Whether Marsan was 

Denied Procedural Due Process 

Comment 3: Whether the Department’s 

New Policy Furthers the Goals of the 

Statute 

[FR Doc. E9–25344 Filed 10–20–09; 8:45 am] 

BILLING CODE 3510–DS–S 

U.S. DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

(Docket 43–2009) 

Foreign-Trade Zone 174 Tucson, 

Arizona, Application for Expansion and 

Reorganization under Alternative Site 

Framework 

An application has been submitted to 

the Foreign–Trade Zones (FTZ) Board 

(the Board) by Tucson Regional 

Economic Opportunities, Inc., grantee of 

FTZ 174, requesting authority to expand 

the zone and reorganize under the 

alternative site framework (ASF) 

adopted by the Board (74 FR 1170, 01/ 

12/09; correction 74 FR 3987, 01/22/09). 

The ASF is an option for grantees for the 

establishment or reorganization of 

general–purpose zones and can permit 

significantly greater flexibility in the 

designation of new ‘‘usage–driven’’ FTZ 

sites for operators/users located within 

a grantee’s ‘‘service area’’ in the context 

of the Board’s standard 2,000–acre 

activation limit for a general–purpose 

zone project. The application was 

submitted pursuant to the provisions of 

the Foreign–Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR part 

400). It was formally filed on October 

13, 2009. 

The grantee’s proposed service area 

under the ASF would be the County of 

Pima, Arizona. If approved, the grantee 

would be able to serve sites throughout 

the service area based on companies’ 

needs for FTZ designation. The 

proposed service area is adjacent to or 

within the Tucson Customs and Border 

Protection port of entry. 

FTZ 174 was approved by the Board 

on January 30, 1991 (Board Order 508, 

56 FR 4595, 02/05/91) and expanded on 

August 9, 2000 (Board Order 1114, 65 

FR 50177, 08/17/00). The applicant is 

requesting to include its current six sites 

as ‘‘magnet sites’’. The applicant 

proposes that Site 2 be exempt from 

‘‘sunset’’ time limits that otherwise 

apply to sites under the ASF. The 

applicant is also requesting approval of 

the following initial ‘‘usage–driven’’ 

site: Proposed Site 7 (97.71 acres) - the 

Target Corporation Distribution Center, 

8940 East Rita Park Drive, in Tucson. 

In accordance with the Board’s 

regulations, Christopher Kemp of the 

FTZ staff is designated examiner to 

evaluate and analyze the facts and 

information presented in the application 

and case record and to report findings 

and recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address listed below. The closing period 

for their receipt is December 21, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period (to January 4, 

2010) 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign–Trade Zones Board, Room 

2111, U.S. Department of Commerce, 

1401 Constitution Avenue NW, 

Washington, DC 20230–0002, and in the 

‘‘Reading Room’’ section of the Board’s 

website, which is accessible via 

www.trade.gov/ftz. For further 

information, contact Christopher Kemp 

at christopherlkemp@ita.doc.gov or 

(202) 482–0862. 


jlentini on DSKJ8SOYB1PROD with NOTICES