Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Long Range Strike Weapons Systems Evaluations Program, 1702-1703 [2016-31947]

Download as PDF 1702 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices rate for the intermediary company(ies) involved in the transaction. These cash deposit requirements, when imposed, shall remain in effect until further notice.5 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rates for respondents noted above, which claimed no shipments, will remain unchanged from the rates assigned to the companies in the most recently completed review of the companies; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 38.72 percent, the all-others rate established in the Amended Final Determination. These cash deposit requirements, when imposed, shall remain in effect until further notice. sradovich on DSK3GMQ082PROD with NOTICES Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their (December 3, 2001) (Amended Final Determination). 5 See Assessment Policy Notice for a full discussion of this clarification. VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: December 30, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–00037 Filed 1–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF024 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Long Range Strike Weapons Systems Evaluations Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for Letter of Authorization; request for comments and information. AGENCY: NMFS has received a request from the United States Air Force (USAF), 86 Fighter Weapons Squadron (86 FWS) for authorization to take marine mammals incidental to conducting munitions testing for their Long Range Strike Weapons Systems Evaluation Program (LRS WSEP) over the course of five years, from September 1, 2017 through August 31, 2022. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the 86 FWS’s request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the 86 FWS’s application and request. SUMMARY: Comments and information must be received no later than February 6, 2017. DATES: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. 1315 East-West Highway, Silver Spring, MD 20910– 3225 and electronic comments should be sent ITP.McCue@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments sent via email, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted to http://www.nmfs.noaa.gov/pr/ permits/military.htm without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Laura McCue, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: ADDRESSES: Availability An electronic copy of the 86 FWS’s application may be obtained online at: www.nmfs.noaa.gov/pr/permits/ incidental/military.htm. In case of problems accessing the document, please call the contact listed above. Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals of a species or population stock, by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings for marine mammals shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and E:\FR\FM\06JAN1.SGM 06JAN1 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES requirements pertaining to the mitigation, monitoring, and reporting of such taking are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ The NDAA of 2004 (Pub. L. 108–136) removed the ‘‘small numbers’’ and ‘‘specified geographical region’’ limitations indicated earlier and amended the definition of harassment as it applies to a ‘‘military readiness activity’’ to read as follows (Section 3(18)(B) of the MMPA): (i) Any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild (Level A Harassment); or (ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered (Level B Harassment). 86 FWS has identified LRS WSEP missions as military readiness activities. On September 27, 2016, NMFS issued an incidental harassment authorization (IHA), similar to this request, for takes of marine mammals incidental to Long Range Strike Weapons System Evaluation Program (LRS WSEP) activities in the BSURE area of the PMRF off Kauai, Hawaii. 86 FWS complied with all conditions of the IHA issued, including submission of final reports. Based on these reports, NMFS has determined that impacts to marine mammals were not beyond those anticipated. Summary of Request On December 21, 2016, NMFS received an adequate and complete application from the 86 FWS requesting authorization for the take of marine mammals incidental to LRS WSEP activities in the Barking Sands Underwater Range Expansion (BSURE) area of the Pacific Missile Range Facility (PMRF) off Kauai, Hawaii for a period of five years. LRS WSEP activities have the potential to result in take of marine mammals in the waters of the PMRF. Therefore, 86 FWS requests authorization to take 16 species of marine mammals that may occur in this area. Specified Activities 86 FWS proposes actions that include LRS WSEP test missions that involve VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 the use of multiple types of live and inert munitions (bombs and missiles) detonated above, at, or slightly below the water surface. The ordnance may be delivered by multiple types of aircraft, including bombers and fighter aircraft. The actions include air-to-surface test missions of the Joint Air-to-Surface Stand-off Missile/Joint Air-to-Surface Stand-off Missile-Extended Range (JASSM/JASSM–ER), Small Diameter Bomb-I/II (SDB–I/II), High-speed AntiRadiation Missile (HARM), Joint Direct Attack Munition/Laser Joint Direct Attack Munition (JDAM/LJDAM), and Miniature Air-Launched Decoy (MALD). Net explosive weight of the live munitions ranges from 23 to 300 pounds. 86 FWS anticipates the ability to test approximately 110 munitions per year. Information Solicited Interested persons may submit information, suggestions, and comments concerning 86 FWS’s request (see ADDRESSES). Comments should be supported by data or literature citations as appropriate. We will consider all relevant information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by 86 FWS, if appropriate. Dated: December 27, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–31947 Filed 1–5–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [0648–XE753] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Operation, Maintenance, and Repair of the Northeast Gateway Liquefied Natural Gas Port and the Algonquin Pipeline Lateral Facilities in Massachusetts Bay National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental SUMMARY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 1703 harassment authorization (IHA) to Northeast Gateway® Energy BridgeTM, L.P. (Northeast Gateway or NEG) and Algonquin Gas Transmission, LLC (Algonquin) to take small numbers of 14 species of marine mammals, by Level B harassment, incidental to operating, maintaining, and repairing a liquefied natural gas (LNG) port and the Algonquin Pipeline Lateral (Pipeline Lateral) facilities by NEG and Algonquin, in Massachusetts Bay. DATES: This authorization is effective from December 22, 2016 through December 21, 2017. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the U.S. can apply for a one-year authorization to incidentally take small numbers of marine mammals by harassment, provided that there is no potential for serious injury or mortality to result from the activity. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment E:\FR\FM\06JAN1.SGM 06JAN1

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[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1702-1703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31947]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF024


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Long Range Strike Weapons Systems Evaluations Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for Letter of Authorization; 
request for comments and information.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from the United States Air Force 
(USAF), 86 Fighter Weapons Squadron (86 FWS) for authorization to take 
marine mammals incidental to conducting munitions testing for their 
Long Range Strike Weapons Systems Evaluation Program (LRS WSEP) over 
the course of five years, from September 1, 2017 through August 31, 
2022. Pursuant to regulations implementing the Marine Mammal Protection 
Act (MMPA), NMFS is announcing receipt of the 86 FWS's request for the 
development and implementation of regulations governing the incidental 
taking of marine mammals and inviting information, suggestions, and 
comments on the 86 FWS's application and request.

DATES: Comments and information must be received no later than February 
6, 2017.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. 1315 East-West Highway, 
Silver Spring, MD 20910-3225 and electronic comments should be sent 
ITP.McCue@noaa.gov.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments sent via email, including all 
attachments, must not exceed a 25-megabyte file size. Attachments to 
electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/military.htm without change. All personal identifying 
information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Laura McCue, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of the 86 FWS's application may be obtained 
online at: www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In 
case of problems accessing the document, please call the contact listed 
above.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals of a species or population stock, by U.S. citizens who engage 
in a specified activity (other than commercial fishing) within a 
specified geographical region if certain findings are made and either 
regulations are issued or, if the taking is limited to harassment, a 
notice of a proposed authorization is provided to the public for 
review.
    An authorization for incidental takings for marine mammals shall be 
granted if NMFS finds that the taking will have a negligible impact on 
the species or stock(s), will not have an unmitigable adverse impact on 
the availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and

[[Page 1703]]

requirements pertaining to the mitigation, monitoring, and reporting of 
such taking are set forth. NMFS has defined ``negligible impact'' in 50 
CFR 216.103 as ``an impact resulting from the specified activity that 
cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates 
of recruitment or survival.''
    The NDAA of 2004 (Pub. L. 108-136) removed the ``small numbers'' 
and ``specified geographical region'' limitations indicated earlier and 
amended the definition of harassment as it applies to a ``military 
readiness activity'' to read as follows (Section 3(18)(B) of the MMPA): 
(i) Any act that injures or has the significant potential to injure a 
marine mammal or marine mammal stock in the wild (Level A Harassment); 
or (ii) any act that disturbs or is likely to disturb a marine mammal 
or marine mammal stock in the wild by causing disruption of natural 
behavioral patterns, including, but not limited to, migration, 
surfacing, nursing, breeding, feeding, or sheltering, to a point where 
such behavioral patterns are abandoned or significantly altered (Level 
B Harassment). 86 FWS has identified LRS WSEP missions as military 
readiness activities.
    On September 27, 2016, NMFS issued an incidental harassment 
authorization (IHA), similar to this request, for takes of marine 
mammals incidental to Long Range Strike Weapons System Evaluation 
Program (LRS WSEP) activities in the BSURE area of the PMRF off Kauai, 
Hawaii. 86 FWS complied with all conditions of the IHA issued, 
including submission of final reports. Based on these reports, NMFS has 
determined that impacts to marine mammals were not beyond those 
anticipated.

Summary of Request

    On December 21, 2016, NMFS received an adequate and complete 
application from the 86 FWS requesting authorization for the take of 
marine mammals incidental to LRS WSEP activities in the Barking Sands 
Underwater Range Expansion (BSURE) area of the Pacific Missile Range 
Facility (PMRF) off Kauai, Hawaii for a period of five years. LRS WSEP 
activities have the potential to result in take of marine mammals in 
the waters of the PMRF. Therefore, 86 FWS requests authorization to 
take 16 species of marine mammals that may occur in this area.

Specified Activities

    86 FWS proposes actions that include LRS WSEP test missions that 
involve the use of multiple types of live and inert munitions (bombs 
and missiles) detonated above, at, or slightly below the water surface. 
The ordnance may be delivered by multiple types of aircraft, including 
bombers and fighter aircraft. The actions include air-to-surface test 
missions of the Joint Air-to-Surface Stand-off Missile/Joint Air-to-
Surface Stand-off Missile-Extended Range (JASSM/JASSM-ER), Small 
Diameter Bomb-I/II (SDB-I/II), High-speed Anti-Radiation Missile 
(HARM), Joint Direct Attack Munition/Laser Joint Direct Attack Munition 
(JDAM/LJDAM), and Miniature Air-Launched Decoy (MALD). Net explosive 
weight of the live munitions ranges from 23 to 300 pounds. 86 FWS 
anticipates the ability to test approximately 110 munitions per year.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning 86 FWS's request (see ADDRESSES). Comments should 
be supported by data or literature citations as appropriate. We will 
consider all relevant information, suggestions, and comments related to 
the request during the development of proposed regulations governing 
the incidental taking of marine mammals by 86 FWS, if appropriate.

    Dated: December 27, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-31947 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-22-P