Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 34551 

percent natural honey by weight, and 

flavored honey. The subject 

merchandise includes all grades and 

colors of honey whether in liquid, 

creamed, comb, cut comb, or chunk 

form, and whether packaged for retail or 

in bulk form. 

The merchandise under the scope of 

the order is currently classifiable under 

subheadings 0409.00.00, 1702.90.90, 

and 2106.90.99 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Although the HTSUS subheadings are 

provided for convenience and U.S. 

Customs and Border Protection (CBP) 

purposes, the Department’s written 

description of the merchandise under 

this order is dispositive. 

Rescission, in Part, of the Antidumping 

Duty Administrative Review 

Section 351.213(d)(1) of the 

Department’s regulations provides that 

the Department will rescind an 

administrative review if the party that 

requested the review withdraws its 

request for review within 90 days of the 

date of publication of the notice of 

initiation of the requested review, or 

withdraws at a later date if the 

Department determines it is reasonable 

to extend the time limit for withdrawing 

the request. 

Both petitioners and Nexco withdrew 

their review requests after the 90-day 

deadline. However, the Department 

finds it reasonable to extend the 

withdrawal deadline for Nexco and 

petitioners because the Department has 

not yet devoted significant time or 

resources to this review. Further, we 

find that neither petitioners’ nor 

Nexco’s withdrawal of their requests for 

a review of Nexco constitutes an abuse 

of our procedures. See, e.g., Persulfates 

from the People’s Republic of China: 

Notice of Rescission of Antidumping 

Duty Administrative Review, 71 FR 

13810, 13811 (March 17, 2006). As a 

result, we are rescinding this review 

with regard to Nexco. 

Assessment 

The Department will issue 

appropriate assessment instructions 

directly to U.S. Customs and Border 

Protection (CBP) 15 days after the 

publication of this notice. The 

Department will direct CBP to assess 

antidumping duties for Nexco at the 

cash deposit rate in effect on the date of 

entry for entries during the period 

December 1, 2007 to November 30, 

2008. 

Notification to Importers 

This notice serves as a reminder to 

importers of their responsibility under 

section 351.402(f) of the Department’s 

regulations to file a certificate regarding 

the reimbursement of antidumping 

duties prior to liquidation of the 

relevant entries during this period of 

time. Failure to comply with this 

requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and subsequent assessment of 

double antidumping duties. 

Notification Regarding Administrative 

Protective Orders (APOs) 

This notice also serves as a reminder 

to parties subject to APO of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with section 351.305(a)(3) of the 

Department’s regulations. Timely 

written notification of the return or 

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 sanctionable violation. 

This notice is issued and published in 

accordance with section 351.213(d)(4) of 

the Department’s regulations and 

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

Tariff Act of 1930, as amended. 

Dated: July 8, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–16956 Filed 7–15–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ16 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Crab Rationalization 

Cost Recovery Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fee percentage. 

SUMMARY: NMFS publishes a 

notification of a zero (0) percent fee for 

cost recovery under the Bering Sea and 

Aleutian Islands Crab Rationalization 

Program. This action is intended to 

provide holders of crab allocations with 

the fee percentage for the 2009/2010 

crab fishing year. 

DATES: The Crab Rationalization 

Program Registered Crab Receiver 

permit holder is responsible for 

submitting the fee liability payment to 

NMFS on or before July 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Gabrielle Aberle or Gretchen 

Harrington, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS Alaska Region administers the 

Bering Sea and Aleutian Islands Crab 

Rationalization Program (Program) in 

the North Pacific. Fishing under the 

Program began in August 15, 2005. 

Regulations implementing the Program 

are set forth at 50 CFR part 680. 

The Program is a limited access 

system authorized by section 313(j) of 

the Magnuson–Stevens Fishery 

Conservation and Management Act 

(Magnuson–Stevens Act). The Program 

includes a cost recovery provision to 

collect fees to recover the actual costs 

directly related to the management and 

enforcement of the Program. NMFS 

developed the cost recovery provision to 

conform to statutory requirements and 

to partially reimburse the agency for the 

unique added costs of management and 

enforcement of the Program. Section 

313(j) of the Magnuson–Stevens Act 

provided supplementary authority to 

section 304(d)(2)(A) and additional 

detail for cost recovery provisions 

specific to the Program. The cost 

recovery provision allows collection of 

133 percent of the actual management, 

data collecting, and enforcement costs 

up to three percent of the ex–vessel 

value of crab harvested under the 

Program. Additionally, section 313(j) 

requires the harvesting and processing 

sectors to each pay half the cost 

recovery fees. Catcher/processor quota 

share holders are required to pay the 

full fee percentage for crab processed at 

sea. 

A crab allocation holder generally 

incurs a cost recovery fee liability for 

every pound of crab landed. The crab 

allocations include Individual Fishing 

Quota, Crew Individual Fishing Quota, 

Individual Processing Quota, 

Community Development Quota, and 

the Adak community allocation. The 

Registered Crab Receiver (RCR) permit 

holder must collect the fee liability from 

the crab allocation holder who is 

landing crab. Additionally, the RCR 

permit holder must collect his or her 

own fee liability for all crab delivered to 

the RCR. The RCR permit holder is 

responsible for submitting this payment 

to NMFS on or before the due date of 

July 31, following the crab fishing year 

in which landings of crab were made. 

The dollar amount of the fee due is 

determined by multiplying the fee 

percentage (not to exceed three percent) 


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34552 Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 

by the ex–vessel value of crab debited 

from the allocation. Specific details on 

the Program’s cost recovery provision 

may be found in the implementing 

regulations set forth at 50 CFR 680.44. 

Fee Percentage 

Each year, NMFS calculates and 

publishes in the Federal Register the fee 

percentage according to the factors and 

methodology described in Federal 

regulations at § 680.44(c)(2). The 

formula for determining the fee 

percentage is the ‘‘direct program costs’’ 

divided by ‘‘value of the fishery,’’ where 

‘‘direct program costs’’ are the direct 

program costs for the Program for the 

previous fiscal year, and ‘‘value of the 

fishery’’ is the ex–vessel value of the 

catch subject to the crab cost recovery 

fee liability for the current year. 

The fee percentage has declined over 

time because of a variety of factors 

including the increasing value of the 

fishery due to increased total allowable 

catch limits for various crab species 

such as Bristol Bay red king crab 

(Paralithodes camtshaticus) and Bering 

Sea Snow crab (Chionoecetes opilio), 

increased ex–vessel price per pound of 

crab relative to previous years, and 

decreased management costs relative to 

previous years primarily due to 

decreased staff and contract costs. 

Because by regulation the fee percentage 

is established in the first quarter of a 

crab fishery year based on the fishery 

value and the costs of the prior year, fee 

collections for any given year may be 

less than, or greater than, the actual 

costs and fishery value for that year. 

Using the fee percentage formula 

described above, the estimated 

percentage of costs to value for the 

2007/2008 and 2008/2009 crab fishing 

years was 3.0 percent and 1.05 percent, 

respectively. These fee levels have 

resulted in a fee collection greater than 

the actual management, data collection, 

and enforcement costs for the 2008/2009 

crab fishing year. Therefore, fee 

revenues remain to cover projected 

actual costs for 2009/2010. As a result, 

NMFS has determined that the fee 

percentage will be 0 percent for the 

2009/2010 crab fishing year. 

Authority: 16 U.S.C. 1862 et seq. 

Dated: July 9, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–16811 Filed 7–15–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 0907021106–91110–01] 

RIN 0648–ZC09 

Northeast Region Fishing Gear 

Exchange Project 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of funding availability. 

SUMMARY: Right, humpback and fin 

whales, which are listed as endangered 

under the Endangered Species Act, are 

occasionally injured or killed through 

incidental entanglement in fishing gear. 

Based on gear retrieved from entangled 

whales, interactions can occur with any 

component of the fishing gear, including 

buoy lines, groundlines, gillnet 

floatlines, and surface systems. 

Provisions of the Atlantic Large Whale 

Take Reduction Plan (ALWTRP) require 

that permit holders using trap/pot and 

gillnet gear comply with requirements 

designed to reduce the serious injury 

and mortality of large whales. One such 

gear modification requires the use of 

sinking groundlines. Other risk 

reduction measures include adding 

weak links to fixed fishing gear which 

can assist entangled whales in breaking 

free after an interaction has occurred. 

NMFS is providing financial 

assistance in the form of a grant to 

support the development and 

implementation of a fishing gear 

exchange project for Lobster 

Management Areas 2 and 3 in the 

Northeast Region. This document 

describes how to submit proposals for 

funding and how NMFS will determine 

which proposals will be funded; this 

document should be read in its entirety 

prior to the submission of a proposal. 

This project will support NOAA’s 

mission goal to protect, restore, and 

manage the use of coastal and ocean 

resources through an ecosystem 

approach to management. 

DATES: Applications must be 

postmarked, provided to a delivery 

service or received by http:// 

www.grants.gov by 11:59 p.m. Eastern 

Daylight Time on July 30, 2009. Use of 

U.S. Mail or another delivery service 

must be documented with a receipt. 

Please note that it may take Grants.gov 

up to two business days to validate or 

reject an application. Please keep this in 

mind when developing your submission 

timeline. 

ADDRESSES: The Full Funding 

Opportunity (FFO) announcement and 

application instructions for this grant 

program are available through the 

Grants.gov website at http:// 

www.grants.gov. For applicants without 

internet access, an application package 

may be obtained by contacting Amanda 

Johnson, NOAA’s National Marine 

Fisheries Service, Northeast Regional 

Office, 55 Great Republic Drive, Suite 

04–400, Gloucester, MA 01930; Phone: 

978–282–8463, E–mail: 

Amanda.Johnson@noaa.gov. 

Applications should be submitted 

electronically through the Grants.gov 

website at http://www.grants.gov. Those 

applicants without internet access may 

submit a hard copy (by postal mail or 

commercial delivery) to: NMFS 

Northeast Regional Office, Attn: 

Amanda Johnson, 55 Great Republic 

Drive, Suite 04–400, Gloucester, MA 

01930. No other methods of submission 

are permissible without explicit NOAA 

approval. 

FOR FURTHER INFORMATION CONTACT: If 

you have any questions regarding this 

proposal solicitation, please contact 

Amanda Johnson at the NOAA/NMFS/ 

Northeast Regional Office, Protected 

Resources Division, 55 Great Republic 

Drive, Suite 04–400, Gloucester, MA 

01930, by phone at 978–282–8463, or by 

email at Amanda.Johnson@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The principal objective of the 

Northeast Region Fishing Gear Exchange 

Project is to implement a voluntary 

fishing gear exchange project in which 

participating fishing industry members 

regulated by the ALWTRP are provided 

with financial assistance to comply with 

the ALWTRP’s sinking groundline and 

weak link requirements. Another 

objective of this project is to develop a 

plan for recycling the collected floating 

groundline to ensure that none of the 

lines are returned to the ocean for any 

purpose, fishing or otherwise. A third 

objective is to work cooperatively with 

participating industry members to 

collect gear configuration information 

via a gear survey. 

For a proposal to be competitive, it 

must demonstrate a clear process for 

developing and implementing a 

successful fishing gear exchange project. 

This includes notifying, registering, and 

communicating with participating 

fishing industry members; 

approximating the amount of floating 

groundline to be exchanged and 

determining an assigned price per 

pound for the delivered groundline; 

working with gear manufacturers and 


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