Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 36459 

• FiveStar FlexTM: A notebook, a 

notebook organizer, or binder with 

plastic polyolefin front and rear 

covers joined by 300 denier 

polyester spine cover extending the 

entire length of the spine and 

bound by a 3–ring plastic fixture. 

The polyolefin plastic covers are of 

a specific thickness; front cover is 

0.019 inches (within normal 

manufacturing tolerances) and rear 

cover is 0.028 inches (within 

normal manufacturing tolerances). 

During construction, the polyester 

covering is sewn to the front cover 

face to face (outside to outside) so 

that when the book is closed, the 

stitching is concealed from the 

outside. During construction, the 

polyester cover is sewn to the back 

cover with the outside of the 

polyester spine cover to the inside 

back cover. Both free ends (the ends 

not sewn to the cover and back) are 

stitched with a turned edge 

construction. Each ring within the 

fixture is comprised of a flexible 

strap portion that snaps into a 

stationary post which forms a 

closed binding ring. The ring fixture 

is riveted with six metal rivets and 

sewn to the back plastic cover and 

is specifically positioned on the 

outside back cover. 

The product must bear the valid 

trademark FiveStar FlexTM (products 

found to be bearing an invalidly 

licensed or used trademark are not 

excluded from the scope). Merchandise 

subject to this order is typically 

imported under headings 4820.10.2020, 

4820.10.2030, 4820.10.2040, 

4820.10.2050, 4820.10.2060, 

4810.22.5044, 4811.90.9090, 

4820.10.2010 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

The HTSUS headings are provided for 

convenience and customs purposes; 

however, the written description of the 

scope of this order is dispositive. 

Partial Rescission of Administrative 

Review 

Pursuant to 19 CFR 351.213(d)(3), the 

Department may rescind an 

administrative review with respect to a 

particular exporter or producer if the 

Department concludes that during the 

POR there were no entries, exports, or 

sales of the subject merchandise by that 

exporter or producer. As noted, on 

November 13, 2008, Lian Li submitted 

a letter certifying that it did not have 

entries, exports or sales during the POR. 

Therefore, the Department conducted a 

CBP query, and requested that Lian Li 

provide product samples of products 

entered during the POR. Based on a 

review of the product samples 

submitted by Lian Li and the Customs 

data, we preliminarily determined that 

Lian Li did not export subject 

merchandise to the United States during 

the POR, pursuant to 19 CFR 

§ 351.213(d)(3), and consistent with our 

practice. See Notice of Intent to Rescind, 

74 FR at 26840. The Department did not 

receive comments from any interested 

party on the Department’s intent to 

rescind. Based on our analysis of the 

evidence on the record, the Department 

has determined that Lian Li is a non– 

shipper for this review. 

Therefore, in accordance with 19 CFR 

351.213(d)(3), we are rescinding this 

review with respect to Lian Li. Only one 

respondent, the Watanabe Group, 

remains in this review. We intend to 

issue assessment instructions to CBP 15 

days after the date of publication of this 

notice of rescission of administrative 

review. 

We are issuing this notice in 

accordance with section 751 of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.213(d)(4). 

Dated: July 16, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary For 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–17575 Filed 7–22–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ33 

Atlantic Coastal Fisheries Cooperative 

Management Act Provisions; 

Application for Exempted Fishing 

Permit; Horseshoe Crabs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of a proposal to 

conduct exempted fishing; request for 

comments. 

SUMMARY: NMFS announces that the 

Director, Office of Sustainable Fisheries 

(Director), has made a preliminary 

determination that the subject exempted 

fishing permit (EFP) application 

submitted by Limuli Laboratories of 

Cape May Court House, New Jersey, 

contains all the required information 

and warrants further consideration. The 

proposed EFP would allow the harvest 

of up to 10,000 horseshoe crabs from the 

Carl N. Shuster Jr. Horseshoe Crab 

Reserve for biomedical purposes and 

require, as a condition of the EFP, the 

collection of data related to the status of 

horseshoe crabs within the reserve. The 

Director has also made a preliminary 

determination that the activities 

authorized under the EFP would be 

consistent with the goals and objectives 

of the Atlantic States Marine Fisheries 

Commission’s (Commission) Horseshoe 

Crab Interstate Fisheries Management 

Plan (FMP). However, further review 

and consultation may be necessary 

before a final determination is made to 

issue the EFP. Therefore, NMFS 

announces that the Director proposes to 

recommend that an EFP be issued that 

would allow up to 3 commercial fishing 

vessels to conduct fishing operations 

that are otherwise restricted by the 

regulations promulgated under the 

Atlantic Coastal Fisheries Cooperative 

Management Act (Atlantic Coastal Act). 

The EFP would allow for an exemption 

from the Carl N. Shuster Jr. Horseshoe 

Crab Reserve (Reserve). 

Regulations under the Atlantic 

Coastal Act require publication of this 

notification to provide interested parties 

the opportunity to comment on 

applications for proposed EFPs. 

DATES: Written comments on this action 

must be received on or before August 7, 

2009. 

ADDRESSES: Written comments should 

be sent to Alan Risenhoover, Director, 

Office of Sustainable Fisheries, NMFS, 

1315 East-West Highway, Room 13362, 

Silver Spring, MD 20910. Mark the 

outside of the envelope ‘‘Comments on 

Horseshoe Crab EFP Proposal.’’ 

Comments may also be sent via fax to 

(301) 713–0596. Comments on this 

notice may also be submitted by e-mail 

to: Horseshoe-Crab.EFP@noaa.gov. 

Include in the subject line of the e-mail 

comment the following document 

identifier: Horseshoe Crab EFP Proposal. 

FOR FURTHER INFORMATION CONTACT: 

Brian Hooker, Fishery Management 

Specialist, (301) 713–2334 x173. 

SUPPLEMENTARY INFORMATION: 

Background 

Limuli Laboratories submitted an 

application for an EFP on July 13, 2009, 

to collect up to 10,000 horseshoe crabs 

for biomedical and data collection 

purposes from the Reserve. The 

applicant has applied for, and received, 

a similar EFP every year from 2001 - 

2008. The current EFP application 

specifies that: (1) the same methods 

would be used in 2009 that were used 

in years 2001–2008, (2) at least 15 

percent of the bled horseshoe crabs 

would be tagged, and (3) there had not 

been any sighting or capture of marine 

mammals or endangered species in the 

trawling nets of fishing vessels engaged 


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36460 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 

in the collection of horseshoe crabs 

since 1993. The project submitted by 

Limuli Laboratories would provide 

morphological data on horseshoe crab 

catch, would tag caught horseshoe 

crabs, and would use the blood from the 

caught horseshoe crabs to manufacture 

Limulus Amebocyte Lysate (LAL), an 

important health and safety product 

used for the detection of endotoxins. 

The LAL assay is used by medical 

professionals, drug companies, and 

pharmacies to detect endotoxins in 

intravenous pharmaceuticals and 

medical devices that come into contact 

with human blood or spinal fluid. 

Results of 2008 EFP 

No horseshoe crabs were collected 

from the Reserve by the applicant 

during the 2008 season. Thus, no results 

were submitted. The 2007 results were 

published in the Federal Register on 

June 2, 2008 (73 FR 31434) thus are not 

repeated here. Data collected under 

previous EFPs were supplied to NMFS, 

the Commission, and the State of New 

Jersey. 

Proposed 2009 EFP 

Limuli Laboratories proposes to 

conduct an exempted fishery operation 

using the same means, methods, and 

seasons utilized during the EFPs in 

2001–2008. Limuli proposes to continue 

to tag at least 15 percent of the bled 

horseshoe crabs as they did in 2007. 

NMFS would require that the following 

terms and conditions be met for 

issuance of the EFP: 

1. Limiting the number of horseshoe 

crabs collected in the Reserve to no 

more than 500 crabs per day and to a 

total of no more than 10,000 crabs per 

year; 

2. Requiring collections to take place 

over a total of approximately 20 days 

during the months of August, 

September, October, and November. 

Horseshoe crabs are readily available in 

harvestable concentrations nearshore 

earlier in the year, and offshore in the 

Reserve from July through November; 

3. Requiring that a 5 1⁄2 inch (14.0 cm) 

flounder net be used by the vessel to 

collect the horseshoe crabs. This 

condition would allow for continuation 

of traditional harvest gear and adds to 

the consistency in the way horseshoe 

crabs are harvested for data collection; 

4. Limiting trawl tow times to 30 

minutes as a conservation measure to 

protect sea turtles, which are expected 

to be migrating through the area during 

the collection period, and are vulnerable 

to bottom trawling; 

5. Restricting the hours of fishing to 

daylight hours only, approximately from 

7:30 a.m. to 5 p.m. to aid law 

enforcement; 

6. Requiring that the collected 

horseshoe crabs be picked up from the 

fishing vessels at docks in the Cape May 

Area and transported to local 

laboratories, bled for LAL, and released 

alive the following morning into the 

Lower Delaware Bay; and 

7. Requiring that any turtle take be 

reported to NMFS, Northeast Region 

Assistant Regional Administrator of 

Protected Resources Division within 24 

hours of returning from the trip in 

which the incidental take occurred. 

As part of the terms and conditions of 

the EFP, for all horseshoe crabs bled for 

LAL, NMFS would require that the EFP 

holder provide data on sex ratio and 

daily harvest. Also, the EFP holder 

would be required to examine at least 

200 horseshoe crabs for morphometric 

data. Terms and conditions may be 

added or amended prior to the issuance 

of the EFP. 

The proposed EFP would exempt 

three commercial vessels from 

regulations at 50 CFR 697.7(e) and 

697.23(f) which prohibit the harvest and 

possession of horseshoe crabs on a 

vessel with a trawl or dredge gear 

aboard from the Reserve. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 17, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17540 Filed 7–22–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ24 

Endangered and Threatened Species; 

Recovery Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of availability; request 

for comments and notice of public 

meetings. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces 

that the Draft Southern California 

Steelhead Recovery Plan (Plan) is 

available for public review and 

comment. The Plan addresses the 

Southern California Steelhead 

(Oncorhynchus mykiss) Distinct 

Population Segment (DPS), which 

spawns in watersheds from the Santa 

Maria River (just north of Point 

Conception) south to the Tijuana River 

at the U.S.-Mexico border. NMFS is 

soliciting review and comment from the 

public and all interested parties on the 

Draft Plan. In addition, public meetings 

will be held on August 25 and 

September 1, 2009, as opportunities for 

providing comments on the Draft Plan. 

DATES: NMFS will consider and address 

all substantive comments received 

during the comment period. Comments 

must be received no later than 5 p.m. 

Pacific daylight time on September 21, 

2009. Public meetings will also be held 

(see Public Meetings below). 

ADDRESSES: Please send written 

comments and materials to Penny 

Ruvelas, National Marine Fisheries 

Service, 501 W. Ocean Blvd, Suite 4200, 

Long Beach, CA 90802. Comments may 

also be submitted by e-mail to: 

SteelheadPlan.swr@noaa.gov. Include in 

the subject line of the e-mail comment 

the following identifier: Comments on 

Southern California Steelhead Plan. 

Comments may be submitted via 

facsimile (fax) to 562–980–4027. 

Persons wishing to review the Plan 

can obtain an electronic copy (i.e., CDROM) from Kimberly Speech by calling 

562–980–4020 or by e-mailing a request 

to kimberly.speech@noaa.gov with the 

subject line ‘‘CD-ROM Request for 

Southern California Steelhead Recovery 

Plan.’’ Electronic copies of the Plan are 

also available on-line on the NMFS 

website http://swr.nmfs.noaa.gov/ 

recovery/SolCal.htm. 

For locations and times of public 

meetings, see Public Meetings below. 

FOR FURTHER INFORMATION CONTACT: 

Mark Capelli, NMFS Southern 

California Steelhead Recovery 

Coordinator at 805–963–6478 x14 or 

Penny Ruvelas, NMFS SWR Protected 

Resources Division at 562–980–4197. 

SUPPLEMENTARY INFORMATION: 

Background 

Recovery plans describe actions 

beneficial to the conservation and 

recovery of species listed under the 

Endangered Species Act of 1973 (ESA), 

as amended (16 U.S.C. 1531 et seq.). The 

ESA requires that recovery plans 

incorporate: (1) objective, measurable 

criteria which, when met, would result 

in a determination that the species is no 

longer threatened or endangered; (2) 

site-specific management actions 

necessary to achieve the plan’s goals; 

and (3) estimates of the time required 

and costs to implement recovery 

actions. The ESA requires the 

development of recovery plans for each 

listed species unless such a plan would 

not promote its recovery. 


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