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Federal Register/Vol. 69, No. 161/Friday, August 20 51632 Federal Register / Vol. 69, No. 161 / Friday, August 20, 2004 / Notices Assessment manufacturer is, the cash deposit rate Weikfield Normal Value The Department shall determine, and will be the rate established for the most [FR Doc. 04–19140 Filed 8–19–04; 8:45 am] U.S. Customs and Border Protection recent period for the manufacturer of BILLING CODE 3510–DS–P (‘‘CBP’’) shall assess, antidumping the merchandise; and (4) the cash duties on all appropriate entries, in deposit rate for all other manufacturers DEPARTMENT OF COMMERCE accordance with 19 CFR 351.212. The or exporters will continue to be 11.30 Department will issue appropriate percent. This rate is the ‘‘All Others’’ rate from the LTFV investigation. These National Oceanic and Atmospheric appraisement instructions for the Administration companies subject to this review deposit requirements shall remain in effect until publication of the final directly to CBP within 15 days of [I.D. 081004A] publication of these final results of results of the next administrative review. In accordance with 19 CFR review. Incidental Take of Marine Mammals 351.106(c)(1), we will instruct CBP to This notice also serves as a final Incidental to Specified Activities; assess antidumping duties on all reminder to importers of their Taking of Harbor Seals Incidental to appropriate entries covered by this responsibility under 19 CFR 351.402(f) Wall Replacement and Bluff review if any importer-specific to file a certificate regarding the Improvement Projects at La Jolla, San assessment rate calculated in the final reimbursement of antidumping duties Diego County, CA results of this review is above de prior to liquidation of the relevant AGENCY: National Marine Fisheries minimis (i.e., is not less than 0.50 entries during this review period. Service (NMFS), National Oceanic and percent). With respect to Agro Dutch Failure to comply with this requirement Atmospheric Administration (NOAA), and Premier, we calculated importer- could result in the Secretary’s Commerce. specific assessment rates for the subject presumption that reimbursement of merchandise by aggregating the antidumping duties occurred and the ACTION: Notice of receipt of application dumping margins calculated for all of subsequent assessment of doubled and proposed incidental harassment the U.S. sales examined and dividing antidumping duties. authorization; request for comments. this amount by the total entered value This notice serves as the only SUMMARY: NMFS has received an of the sales examined. For Weikfield, we reminder to parties subject to application from the City of San Diego, do not have the actual entered value of administrative protective order (APO) of CA to take small numbers of marine its sales because this respondent is not their responsibility concerning the mammals, by harassment, incidental to the importer of record for some of its disposition of proprietary information wall replacement and bluff U.S. sales. Accordingly, we calculated disclosed under APO in accordance improvement projects at La Jolla, CA. importer-specific assessment rates by with 19 CFR 351.305(a)(3). Timely Under the Marine Mammal Protection aggregating the dumping margins written notification of return/ Act (MMPA), NMFS is requesting calculated for all of Weikfield’s U.S. destruction of APO materials or comments on its proposal to issue an sales examined and dividing the conversion to judicial protective order is incidental harassment authorization to respective amount by the total quantity hereby requested. Failure to comply the City of San Diego, for 1 year. of the sales examined. To determine with the regulations and the terms of an DATES: Comments and information must whether the duty assessment rates were APO is a sanctionable violation. We are de minimis, in accordance with the be received no later than September 20, issuing and publishing this 2004. requirement set forth in 19 CFR determination and notice in accordance ADDRESSES: 351.106(c)(2), we calculated importer- with sections 751(a)(1) and 777(i) of the You may submit comments specific ad valorem ratios based on Act. on the application and proposed export prices. authorization, using the identifier Dated: August 13, 2004. 081004A, by any of the following Cash Deposit Requirements James J. Jochum, methods: The following cash deposit Assistant Secretary for Import ∑ E-mail: [email protected] - requirements will be effective for all Administration. you must include the identifier shipments of the subject merchandise 081004A in the subject line of the Appendix—List of Issues entered, or withdrawn from warehouse, message. Comments sent via e-mail, for consumption on or after the Company-Specific Comments including all attachments, must not publication date of the final results of Agro Dutch exceed a 10–megabyte file size. this administrative review, as provided ∑ Hand-delivery or mailing of paper, Comment 1: Treatment of Agro Dutch’s by section 751(a)(1) of the Act: (1) The Expenses for Returned Shipments as Direct disk, or CD-ROM comments: Stephen L. cash deposit rates for the reviewed or Indirect Expenses Leathery, Chief, Permits, Conservation companies will be those established in Comment 2: Treatment of Inspection and Education Division, Office of the final results of this review, except if Expenses Protected Resources, National Marine the rate is less than 0.50 percent, and Comment 3: Selling Expenses and Profit Fisheries Service, 1315 East-West therefore de minimis within the Ratio for Agro Dutch Constructed Value Highway, Silver Spring, MD 20910– meaning of 19 CFR 351.106(c)(1), in Comment 4: Corrections to the Calculation of 3225. which case the cash deposit rate will be Agro Dutch Normal Value To help us process and review your zero; (2) for previously reviewed or Comment 5: Duty Absorption on Agro comments more efficiently, please use investigated companies not listed above, Dutch’s Sales only one method. A copy of the the cash deposit rate will continue to be Premier application containing a list of the company-specific rate published for references used in this document may the most recent period; (3) if the Comment 6: Errors in Premier Margin be obtained by writing to the address Calculation exporter is not a firm covered in this above or by telephoning the contacts review, a prior review, or the original Weikfield listed under FOR FURTHER INFORMATION LTFV investigation, but the Comment 7: Corrections to Calcualtion of CONTACT. VerDate jul<14>2003 17:08 Aug 19, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 69, No. 161 / Friday, August 20, 2004 / Notices 51633 FOR FURTHER INFORMATION CONTACT: along with the removal of an aging wall www.pmel.noaa.gov/vents/acoustics/ Sarah Hagedorn, NMFS, (301) 713–2322 above La Jolla Cove. Improvement tutorial/tutorial.html. or Monica DeAngelis, NMFS Southwest measures are limited to remediation of Airborne sounds are also often Region, (562) 980–3232. only the upper portion of the bluff, expressed as broadband A-weighted SUPPLEMENTARY INFORMATION: allowing natural marine processes to (dBA) or C-weighted (dBC) sound levels. continue unabated. Mitigation of marine When frequency levels are made to Background erosion associated with splash and correspond to human hearing, they are Section 101(a)(5)(A) and (D) of the spray on the upper sloping portion of referred to as being A-weighted or A- MMPA (16 U.S.C. 1361 et seq.) directs the coastal bluff will be limited to re- filtered. With A-weighting, sound the Secretary of Commerce (Secretary) vegetation, primarily hydroseeding, and energy at frequencies below 1 kHz and to allow, upon request, the incidental, some limited container plants, along above 6 kHz are de-emphasized and but not intentional taking of marine with a combination of both setting back approximates the human ear’s response mammals by U.S. citizens who engage and deepening the seaward edge of to sounds below 55 dB. C-weighting is in a specified activity (other than reconstructed sidewalks to provide often used in the analysis of high- commercial fishing) within a specified some structural stiffness and increased amplitude noises like explosions, and geographical region if certain findings stability, as both marine and sub-aerial corresponds to the relative response to are made and regulations are issued. processes continue to encroach upon the human ear to sound levels above 85 Permission may be granted if the bluff-top improvements. Key objectives dB. C-weighting de-emphasizes ear Secretary finds that the total taking will of the site improvements are to protect frequency components of less than have a negligible impact on the species lateral public access along the coast, about 50 Hz. C-weight scaling is also or stock(s), will not have an unmitigable increase public safety, minimize useful for analyses of sounds having adverse impact on the availability of the disturbance of the marine environment predominantly low-frequency sounds, species or stock(s) for subsistence uses, and its inhabitants, minimize disruption such as sonic booms. For continuous and that the permissible methods of of public recreation and scenic vista noise like rocket launches, the taking and requirements pertaining to opportunities, avoid disruption of important variables relevant to assessing the monitoring and reporting of such public access to coastal areas, minimize auditory impacts or behavioral taking are set forth. NMFS has defined visual impacts by re-vegetating responses are intensity, frequency ‘‘negligible impact’’ in 50 CFR 216.103 manufactured slopes with native spectrum, and duration. In this as ‘‘an impact resulting from the vegetation, avoid changes in runoff document, whenever possible sound specified activity that cannot be patterns, maintain pedestrian and levels have been provided with A- reasonably expected to, and is not vehicular travel around the construction weighting. reasonably likely to, adversely affect the sites, and avoid the use of rip rap.
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