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Tags: department of commerce, docket number, evaluations, export performance, federal register, national institute of standards, phase ii, section 351, subsidies, subsidy programs, technology agreement, united states,
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Created: Tue Apr 22 02:45:20 2008
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                                          21590                           Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Notices

                                          subsidies contingent on export                          regarding their countervailability. These             DEPARTMENT OF COMMERCE
                                          performance or use of domestic over                     programs do not appear to be contingent
                                          imported goods (i.e., those prohibited                  on export performance or import                       National Institute of Standards and
                                          under Article 3 of the Subsidies                        substitution. However, if in the final                Technology
                                          Agreement).15                                           determination the Department finds that               [Docket Number: 070927542­8456­02]
                                             Section 351.206(h)(1) of the                         any of these four programs, or any of the
                                          Department's regulations provides that,                 previously alleged subsidy programs,                  Voting Equipment Evaluations Phase II
                                          in determining whether imports of the                   are countervailable and are contingent
                                          subject merchandise have been                                                                                 AGENCY: National Institute of Standards
                                                                                                  on export performance or import                       and Technology, United States
                                          ``massive,'' the Department normally
                                                                                                  substitution, the Department will revisit             Department of Commerce.
                                          will examine: (i) The volume and value
                                          of the imports; (ii) seasonal trends; and               the issue of massive imports as
                                                                                                                                                        ACTION: Notice; Reopening of
                                          (iii) the share of domestic consumption                 necessary.                                            submission period.
                                          accounted for by the imports. In                           In the event that the Department
                                          addition, the Department will not                       needs to determine whether there have                 SUMMARY: The National Institute of
                                          consider imports to be massive unless                   been massive imports, we have                         Standards and Technology (NIST),
                                          imports during the ``relatively short                   collected the following information: (1)              United States Department of Commerce,
                                          period'' (``comparison period'') have                   The evidence presented in the                         is reopening for 30 days the period for
                                          increased by at least 15 percent                        Petitioners' March 11, 2008 submission;               submitting requests and executed letters
                                          compared to imports during an                                                                                 of understanding from voting equipment
                                                                                                  (2) Respondents' monthly shipment data
                                          ``immediately preceding period of                                                                             manufacturers. NIST is reopening this
                                                                                                  for November 2006 to November 2007;
                                          comparable duration'' (``base period'').                                                                      submission period based on requests
                                                                                                  and (3) U.S. import data for the subject
                                          See 19 CFR 351.206(h)(2).                                                                                     received from the manufacturers for an
                                                                                                  merchandise for 2004­2007, as reported                extension of the submission period.
                                             Section 351.206(i) of the Department's
                                                                                                  by the International Trade Commission
                                          regulations defines ``relatively short                                                                        DATE: Submissions must be received no
                                                                                                  (ITC) (http://dataweb.usitc.gov). The
                                          period'' as normally being the period                                                                         later than May 22, 2008. Submissions
                                                                                                  ITC data relied on in this analysis do
                                          beginning on the date the proceeding                                                                          received between March 18, 2008 and
                                          commences (i.e., the date the petition is               not necessarily exclude those products                the date of publication of this notice are
                                          filed) and ending at least three months                 not falling within the scope of this                  deemed to be timely.
                                          later. However, if the Department finds                 proceeding (i.e., OTR tires for light and
                                                                                                                                                        ADDRESSES: Requests to participate and
                                          that importers, exporters, or producers                 medium trucks/buses or with a rim
                                                                                                                                                        executed letters of understanding must
                                          had reason to believe, at some time prior               diameter equal to or exceeding 39                     be submitted to Mr. Allan Eustis,
                                          to the beginning of the proceeding, that                inches).                                              Information Technology Laboratory,
                                          a proceeding was likely, then the                       Conclusion                                            National Institute of Standards and
                                          Department may consider a period of                                                                           Technology, Mail Stop 8970,
                                          not less than three months from that                       Given the analysis above, we                       Gaithersburg, MD 20899­8970;
                                          earlier time. See 19 CFR 35 1.206(i).                   preliminarily determine critical                      telephone number (301) 975­5099.
                                             In our preliminary determination, the                circumstances do not exist for imports                FOR FURTHER INFORMATION CONTACT: Mr.
                                          subsidies found countervailable were                    of OTR tires from the PRC. We will                    Allan Eustis, Information Technology
                                          not determined to be contingent on                      make a final determination concerning                 Laboratory, National Institute of
                                          export performance or import                            critical circumstances for OTR tires                  Standards and Technology, Mail Stop
                                          substitution.16 See Preliminary                         from the PRC when we make our final                   2970, Gaithersburg, MD 20899­2970;
                                          Determination. Thus, pursuant to                        countervailable subsidy determination                 telephone number (301) 975­5099.
                                          section 703(e)(1)(A) of the Act, the first
                                                                                                  in this investigation, no later than July             SUPPLEMENTARY INFORMATION: In the
                                          requirement needed to affirmatively
                                                                                                  7, 2008.                                              Federal Register of November 19, 2007
                                          find critical circumstances has not been
                                          met, and the Department need not reach                                                                        (72 FR 65012), NIST solicited interest in
                                                                                                  International Trade Commission
                                          the issue of massive imports.                                                                                 Phase II of the benchmark research for
                                                                                                  Notification
                                             However, at the time of the                                                                                voting equipment certified or submitted
                                          preliminary determination, there were                      In accordance with section 703(f) of               for certification to the 2005 Voluntary
                                          four programs for which additional                      the Act, we will notify the ITC of our                Voting System Guidelines. Interested
                                          information was required before the                     determination. This determination is                  parties were given until March 18, 2007
                                          Department could make any finding                       issued and published pursuant to                      to submit executed letters of
                                                                                                  sections 703(f) and 777(i)(1) of the Act.             understanding.
                                            15 See, e.g., Final Affirmative Countervailing Duty                                                            A manufacturer of voting systems
                                          Determination and Final Negative Critical                 Dated: April 11, 2008.                              submitted a written request for
                                          Circumstances Determination Carbon and Certain          David M. Spooner,                                     extension due to the current workload
                                          Alloy Steel Wire Rod from Germany, 67 FR 55808,                                                               for all election manufacturers in the
                                          55809 (August 30, 2002).                                Assistant Secretary for Import
                                            16 The programs preliminarily determined to           Administration.                                       2008 state primary season leading up to
                                          provide a countervailable benefit are Government        [FR Doc. E8­8433 Filed 4­21­08; 8:45 am]              the Presidential election. There was not
                                          Policy Lending, Provision of Land for Less Than
                                                                                                  BILLING CODE 3510­DS­M
                                                                                                                                                        sufficient time to ascertain details of the
                                          Adequate Remuneration to SOEs, Tax Subsidies to                                                               Phase II research and respond to the
                                          FIEs in Specifically Designated Geographic Areas,
                                          Local Income Tax Exemption and Reduction
                                                                                                                                                        request for an executed letter of
                                                                                                                                                        understanding. To be responsive to
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                                          Programs for ``Productive'' PIEs, VAT and Tariff
                                          Exemptions for FIEs and Certain Domestic                                                                      these concerns, and to ensure that the
                                          Enterprises Using Imported Equipment in                                                                       voting system manufacturers have
                                          Encouraged Industries, the State Key Technologies
                                          Renovation Project Fund, and Provision of Natural
                                                                                                                                                        sufficient time to respond to the request,
                                          and Synthetic Rubber by SOEs for Less Than                                                                    NIST is allowing submission for an
                                          Adequate Remuneration.                                                                                        additional 30 days.


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                                                                         Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Notices                                          21591

                                            Dated: April 16, 2008.                                  Chum salmon (O. keta): threatened                   natural), and examined for the presence
                                          James M. Turner,                                        Columbia River (CR), threatened Hood                  of a coded wire tag (CWT) or passive
                                          Deputy Director.                                        Canal summer (HCS).                                   integrated transponder (PIT) tag. Some
                                          [FR Doc. E8­8681 Filed 4­21­08; 8:45 am]                  Steelhead (O. mykiss): threatened                   of the captured fish would be examined
                                          BILLING CODE 3510­13­P
                                                                                                  LCR, threatened UWR, threatened                       for evidence of gas bubble trauma (GBT)
                                                                                                  middle Columbia River (MCR),                          and others would be implanted with a
                                                                                                  threatened SR, endangered UCR,                        PIT tag. All captured fish would be
                                          DEPARTMENT OF COMMERCE                                  threatened PS.                                        allowed to recover before being released
                                                                                                    Coho salmon (O. kisutch): threatened                in the dam's tailrace. The WDFW also
                                          National Oceanic and Atmospheric                        LCR, threatened Southern Oregon                       expects to capture a few downstream-
                                          Administration                                          Northern California Coasts (SONCC),                   migrating steelhead kelts during the
                                                                                                  threatened Oregon Coast (OC).                         course of the trapping operation. These
                                          RIN 0648­XH27                                             Sockeye salmon (O. nerka):                          fish would simply be anesthetized and
                                                                                                  endangered SR.                                        immediately moved to the lower
                                          Endangered and Threatened Species;                                                                            sections of the adult fishway where they
                                                                                                  Authority                                             could recover on their own and
                                          Take of Anadromous Fish
                                                                                                     Scientific research permits are issued             continue their migration. The WDFW
                                          AGENCY:  National Marine Fisheries                      in accordance with section 10(a)(1)(A)                does not intend to kill any of the fish
                                          Service (NMFS), National Oceanic and                    of the ESA (16 U.S.C. 1531 et seq.) and               being captured, but a small percentage
                                          Atmospheric Administration (NOAA),                      regulations governing listed fish and                 may die as a result of the research
                                          Commerce.                                               wildlife permits (50 CFR 222­226).                    activities.
                                          ACTION: Applications for scientific                     NMFS issues permits based on findings                    The purpose of the research is to
                                          research permits, permit modifications,                 that such permits: (1) are applied for in             provide important information
                                          and renewals.                                           good faith; (2) if granted and exercised,             regarding what effects the annual mid-
                                                                                                  would not operate to the disadvantage                 and upper (Columbia) river water
                                          SUMMARY: Notice is hereby given that                    of the listed species that are the subject            allocation budget has on listed
                                          NMFS has received 15 scientific                         of the permit; and (3) are consistent                 salmonids. The data being collected
                                          research permit application requests                    with the purposes and policy of section               would be used to assess the effects of
                                          relating to Pacific salmon. The proposed                2 of the ESA. The authority to take                   the water allocation plan and thereby
                                          research is intended to increase                        listed species is subject to conditions set           improve smolt migration conditions
                                          knowledge of species listed under the                   forth in the permits.                                 (e.g., through releasing adequate
                                          Endangered Species Act (ESA) and to                        Anyone requesting a hearing on an                  amounts of upstream water during the
                                          help guide management and                               application listed in this notice should              migration period) and increase listed
                                          conservation efforts.                                   set out the specific reasons why a                    spring Chinook and steelhead survival
                                                                                                  hearing on that application would be                  rates. Another important objective of the
                                          DATES: Comments or requests for a
                                                                                                  appropriate (see ADDRESSES). Such                     program is to help resource managers
                                          public hearing on the applications must
                                                                                                  hearings are held at the discretion of the            develop the Basin-wide database for
                                          be received at the appropriate address or
                                                                                                  Assistant Administrator for Fisheries,                PIT-tagged salmonids and thus increase
                                          fax number (see ADDRESSES) no later
                                                                                                  NMFS.                                                 what is known about smolt migration
                                          than 5 p.m. Pacific standard time on
                                                                                                                                                        timing and behavior in the Columbia
                                          May 22, 2008.                                           Applications Received                                 River system.
                                          ADDRESSES: Written comments on the
                                                                                                  Permit 1114 ­ Renewal                                 Permit 1134 ­ Renewal
                                          applications should be sent to the
                                          Protected Resources Division, NMFS,                       The Washington Department of Fish                     The Columbia River Inter-Tribal Fish
                                          1201 NE Lloyd Blvd., Suite 1100,                        and Wildlife (WFDW) is seeking to                     Commission (CRITFC) is seeking to
                                          Portland, OR 97232­1274. Comments                       renew permit 1114 for a period of five                renew Permit 1134, under which they
                                          may also be sent via fax to 503­230­                    years. The original permit was in place               have been conducting research for more
                                          5441 or by e-mail to                                    for five years (63 FR 20169) with three               than ten years. The original permit was
                                          resapps.nwr@NOAA.gov.                                   modifications (63 FR 43381, 65 FR                     in place for five years (63 FR 30199)
                                                                                                  15314, 66 FR 38641); it expired on                    with one amendment (67 FR 43909); it
                                          FOR FURTHER INFORMATION CONTACT:                        December 31, 2002. The next Permit                    expired on December 31, 2002. The next
                                          Garth Griffin, Portland, OR (ph.: 503­                  1114 was also in place for five years and             permit was also in place for five years
                                          231­2005, Fax: 503­230­5441, e-mail:                    expired on December 31, 2007. Under                   expiring on December 31, 2007. The
                                          Garth.Griffin@noaa.gov). Permit                         the new Permit, the WDFW would                        CRITFC is now requesting a new five-
                                          application instructions are available                  conduct a study that would annually                   year permit to continue covering five
                                          from the address above.                                 take juvenile, endangered UCR spring                  study projects that, among them, would
                                          SUPPLEMENTARY INFORMATION:                              Chinook salmon; and juvenile and adult                annually take adult and juvenile
                                          Species Covered in This Notice                          endangered UCR steelhead in the State                 threatened SR fall Chinook salmon;
                                                                                                  of Washington. Under this permit, the                 adult and juvenile threatened SR spring/
                                            The following listed species are                      WDFW would capture juvenile UCR                       summer Chinook salmon; and adult and
                                          covered in this notice:                                 spring Chinook salmon and steelhead as                juvenile threatened SR steelhead in the
                                            Chinook salmon (Oncorhynchus                          part of a long-term, ongoing smolt                    Snake River basin. There have been
                                          tshawytscha): threatened lower                          monitoring program at Rock Island Dam                 some changes in the research over the
                                          Columbia River (LCR), threatened upper                  on the Columbia River. Under the new                  last ten years and these changes are
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                                          Willamette River (UWR), endangered                      permit (as with the old) the captured                 reflected in this application,
                                          upper Columbia River (UCR), threatened                  smolts would be held for as long as 24                nonetheless, the projects proposed are
                                          Snake River (SR) spring/summer (spr/                    hours and all would be anesthetized,                  largely continuations of ongoing
                                          sum), threatened SR fall, threatened                    sampled for data relating to their                    research. They are: Project 1 ­ Adult
                                          Puget Sound (PS).                                       species, size, origin (hatchery or                    Spring/summer and Fall Chinook


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