30-day FRN

Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices
Background
On October 3, 2016, the Department
initiated the fourth sunset review of the
antidumping duty order on pure
magnesium from the PRC, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (‘‘the Act’’).1 On October
18, 2016, the Department received
notice of intent to participate on behalf
of US Magnesium LLC (‘‘US
Magnesium’’), within the applicable
deadline specified in 19 CFR
351.218(d)(1)(i).2 The domestic
interested party claimed interested party
status under section 771(9)(C) of the
Act, as a manufacturer of pure
magnesium in the United States. On
November 2, 2016, the Department
received a complete substantive
response from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).3
We received no substantive response
from a respondent interested party in
this proceeding. As a result, pursuant to
19 CFR 351.218(e)(1)(ii)(C), the
Department conducted an expedited,
120-day, sunset review of this Order.
Scope of the Order

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Merchandise covered by the order is
pure magnesium regardless of
chemistry, form or size, unless expressly
excluded from the scope of the order.
Pure magnesium is a metal or alloy
containing by weight primarily the
element magnesium and produced by
decomposing raw materials into
magnesium metal. Pure primary
magnesium is used primarily as a
chemical in the aluminum alloying,
desulfurization, and chemical reduction
industries. In addition, pure magnesium
is used as an input in producing
magnesium alloy. Pure magnesium
encompasses products (including, but
not limited to, butt ends, stubs, crowns
and crystals) with the following primary
magnesium contents:
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
FR 67967 (October 3, 2016); see also Notice of
Antidumping Duty Orders: Pure Magnesium from
the People’s Republic of China, the Russian
Federation and Ukraine; Notice of Amended Final
Determination of Sales at Less Than Fair Value:
Antidumping Duty Investigation of Pure Magnesium
from the Russian Federation, 60 FR 25691 (May 12,
1995) (‘‘Order’’).
2 See letter from US Magnesium, ‘‘Five-Year
(‘‘Sunset’’) Review of Antidumping Duty Order on
Pure Magnesium from The People’s Republic of
China: US Magnesium’s Notice of Intent to
Participate in Sunset Review,’’ dated October 18,
2016.
3 See letter from US Magnesium, ‘‘Five-Year
(‘‘Sunset’’) Review of Antidumping Duty Order of
Pure Magnesium from The People’s Republic of
China: US Magnesium’s Response to the Notice of
Initiation,’’ dated November 2, 2016 (‘‘U.S.
Magnesium’s Substantive Response’’).

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(1) Products that contain at least
99.95% primary magnesium, by weight
(generally referred to as ‘‘ultra pure’’
magnesium);
(2) Products that contain less than
99.95% but not less than 99.8% primary
magnesium, by weight (generally
referred to as ‘‘pure’’ magnesium); and
(3) Products that contain 50% or
greater, but less than 99.8% primary
magnesium, by weight, and that do not
conform to ASTM specifications for
alloy magnesium (generally referred to
as ‘‘off–specification pure’’ magnesium).
‘‘Off–specification pure’’ magnesium
is pure primary magnesium containing
magnesium scrap, secondary
magnesium, oxidized magnesium or
impurities (whether or not intentionally
added) that cause the primary
magnesium content to fall below 99.8%
by weight. It generally does not contain,
individually or in combination, 1.5% or
more, by weight, of the following
alloying elements: aluminum,
manganese, zinc, silicon, thorium,
zirconium and rare earths.
Excluded from the scope of the order
are alloy primary magnesium (that
meets specifications for alloy
magnesium), primary magnesium
anodes, granular primary magnesium
(including turnings, chips and powder)
having a maximum physical dimension
(i.e., length or diameter) of one inch or
less, secondary magnesium (which has
pure primary magnesium content of less
than 50% by weight), and remelted
magnesium whose pure primary
magnesium content is less than 50% by
weight.
Pure magnesium products covered by
the order are currently classifiable
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’)
subheadings 8104.11.00, 8104.19.00,
8104.20.00, 8104.30.00, 8104.90.00,
3824.90.11, 3824.90.19 and 9817.00.90.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.
Analysis of Comments Received
All issues raised by parties to this
sunset review are addressed in the
Issues and Decision Memorandum,
which is hereby adopted by this notice.4
The issues discussed in the Issues and
4 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, ‘‘Issues and
Decision Memorandum for the Final Results of the
Expedited Fourth Sunset Review of the
Antidumping Duty Order on Pure Magnesium from
the People’s Republic of China,’’ dated concurrently
with this notice (‘‘Issues and Decision
Memorandum.).

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Decision Memorandum include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins likely to prevail if the Order
was revoked. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at http://enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, we
determine that revocation of the Order
would likely lead to continuation or
recurrence of dumping, and that the
magnitude of the dumping margins
likely to prevail is up to 108.26 percent.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely 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 violation which is subject to
sanction.
This sunset review and notice are in
accordance with sections 751(c), 752,
and 777(i)(1) of the Act.
Dated: January 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–02348 Filed 2–2–17; 8:45 am]
BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and

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Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices

Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: West Coast Swordfish Fishery
Survey.
OMB Control Number: 0648–xxxx.
Form Number(s): None.
Type of Request: Regular (request for
a new information collection).
Number of Respondents: 77.
Average Hours per Response: 1 hour.
Burden Hours: 77.
Needs and Uses: This request is for a
new information collection.
The Southwest Fisheries Science
Center (SWFSC) is undertaking an
economics data collection effort for the
West Coast Swordfish Fishery (WCSF)
in order to improve the SWFSC’s
capability to do the following: (1)
Describe and monitor economic
performance (e.g., profitability, capacity
utilization, efficiency, and productivity)
and impacts (e.g., sector, community, or
region-specific employment and
income); (2) determine the quantity and
distribution of net benefits derived from
living marine resources; (3) understand
and predict the ecological, and behavior
of participants in Federally managed
commercial fisheries; (4) predict the
biological, ecological, and economic
impacts of existing management
measures and alternative proposed
management actions; and (5) in general,
more effectively conduct the analyses
required under the MSA, the
Endangered Species Act (ESA), and the
Marine Mammal Protection Act
(MMPDA), the National Environmental
Policy Act (NEPA), and Regulatory
Flexibility Act (RFA), Executive Order
12866, and other applicable laws.
Affected Public: Business or other forprofit organizations.
Frequency: One time only.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Dated: January 31, 2017.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2017–02296 Filed 2–2–17; 8:45 am]
BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF094

Fisheries of the Northeastern United
States; Northeast Skate Complex
Fishery; Notice of Intent To Prepare an
Environmental Impact Statement;
Scoping Process; Request for
Comments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of revised
scoping hearing schedule; request for
comments.
AGENCY:

The New England Fishery
Management Council announces its
intent to prepare, in cooperation with
NMFS, a draft environmental impact
statement consistent with the National
Environmental Policy Act. A draft
environmental impact statement may be
necessary to provide analytic support
for Amendment 5 to the Northeast Skate
Complex Fishery Management Plan.
This notice alerts the interested public
of the scoping process for a potential
draft environmental impact statement
and outlines opportunity for public
participation in that process.
DATES: Written and electronic scoping
comments must be received on or before
March 6, 2017.
ADDRESSES: Written scoping comments
on Amendment 5 may be sent by any of
the following methods:
• Email to the following address:
[email protected];
• Mail to: Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Mill 2, Newburyport, MA 01950; or
• Fax to: (978) 465–3116.
Requests for copies of the
Amendment 5 scoping document and
other information should be directed to
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950, telephone
(978) 465–0492.
The scoping document is accessible
electronically via the Internet at http://
www.nefmc.org.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Background
The New England Fishery
Management Council, working through

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its public participatory committee and
meeting processes, anticipates the
development of an amendment to
consider limited access to the skate (bait
and non-bait) fishery that may require
an environmental impact statement (82
FR 825, January 4, 2017). This notice
announces a revised public scoping
hearing schedule as outlined in Table 1
to meet applicable criteria in the
Council on Environmental Quality
regulations and guidance for
implementing the National
Environmental Policy Act (NEPA).
Amendment 5 will consider limited
access to the skate (bait and non-bait)
fishery.
The Northeast Skate Complex is
comprised of seven species (barndoor,
clearnose, little, rosette, smooth, thorny,
and winter skate), managed as a single
unit along the east coast from Maine to
Cape Hatteras, NC. The skate bait
fishery primarily targets little skate,
with a small component of winter skate
catch. The non-bait fishery, including
the wing fishery, primarily targets
winter skate.
Following the first skate stock
assessment in 1999, the Northeast Skate
Complex Fishery Management Plan was
adopted in 2003. Amendment 3
established an annual catch limit and
annual catch target for the skate
complex, total allowable landings for
the skate bait and non-bait fisheries,
seasonal quotas for the bait fishery, new
possession limits, and in-season
possession limit triggers.
The skate fishery is an open access
fishery—any vessel may join or leave
the fishery at any time. Skate fishermen
are concerned that increasingly strict
regulations in other fisheries—
particularly in the Northeast
Multispecies (groundfish) fishery where
several stocks are overfished and subject
to strict catch restrictions—might cause
these fishermen to switch their fishing
effort onto skates. An increase in effort
in the skate fishery could cause the
fishery to harvest its catch limit in a
shorter time period, trigger reduced
skate trip limits, or have other negative
economic impacts on current
participants since developing skate
markets could be negatively impacted
by a flood of product.
A control date for the bait fishery was
established on July 30, 2009 (74 FR
37977). A control date for the non-bait
fishery was established on March 31,
2014 (79 FR 18002). The control dates
may be used as a reference date for
future management measures related to
such rulemaking.
The Council has initiated the
development of this amendment to
address three issues:

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