Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Coast Guard's Alaska Facility Maintenance and Repair Activities, 67023-67024 [2021-25648]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
merchandise has been ‘‘altered in form
or appearance in minor respects . . .
whether or not included in the same
tariff classification.’’ Section 781(c)(2) of
the Act provides an exception that
‘‘{p}aragraph 1 shall not apply with
respect to altered merchandise if the
administering authority determines that
it would be unnecessary to consider the
altered merchandise within the scope of
the {order}.’’ While the Act is silent
regarding the factors to consider in
determining whether alterations are
properly considered ‘‘minor,’’ the
legislative history of this provision
indicates that there are certain factors
that should be considered before
reaching a circumvention
determination. In conducting a
circumvention inquiry under section
781(c) of the Act, Commerce has
generally relied upon ‘‘such criteria as
the overall physical characteristics of
the merchandise, the expectations of the
ultimate users, the use of the
merchandise, the channels of marketing
and the cost of any modification relative
to the total value of the imported
products.’’ 4 Concerning the allegation
of minor alteration under section 781(c)
of the Act and 19 CFR 351.225(i),
Commerce examines such factors as: (1)
Overall physical characteristics; (2)
expectations of ultimate users; (3) use of
merchandise; (4) channels of marketing;
and, (5) cost of any modification relative
to the value of the imported products.5
Section 781(d) of the Act provides
that Commerce may initiate an
circumvention inquiry to determine
whether merchandise developed after
an AD or CVD investigation is within
the scope of the order(s). In conducting
later-developed merchandise inquiries
under section 781(d)(1) of the Act,
Commerce will evaluate whether: (1)
The general physical characteristics of
the merchandise subject to the inquiry
are the same as subject merchandise
covered by the order(s); (2) the
expectations of the ultimate purchasers
of the merchandise subject to the
inquiry are no different to the
expectations of the ultimate purchasers
of subject merchandise; (3) the ultimate
use of the inquiry merchandise and
subject merchandise are the same; (4)
the channels of trade of both products
are the same; and, (5) there are any
differences in the advertisement and
display of both products.6 First,
4 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Initiation of Anti-Circumvention
Inquiry of Antidumping Duty Order, 83 FR 5405
(February 7, 2018) (citing S. Rep. No. 71, 100th
Cong., 1st Sess. 100 (1987)).
5 Id.; see also Deacero S.A. de C.V. v. United
States, 817 F.3d 1332 (Fed. Cir. 2016).
6 See section 781(d)(1) of the Act.
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however, Commerce applies a
commercial availability test to
determine whether the merchandise
subject to the inquiry was commercially
available at the time of the
investigation(s) (i.e., the product was
present in the commercial market or the
product was tested and ready for
commercial production).7
Analysis
After analyzing the record evidence
and the petitioner’s allegation, we
determine that there is sufficient
information to warrant the initiation of
a minor alterations circumvention
inquiry, pursuant to section 781(c) of
the Act and 19 CFR 351.225(i).
However, we determine that initiation
of a later-developed merchandise
circumvention inquiry, pursuant to
section 781(d) of the Act and 19 CFR
351.225(j), is not warranted. For a full
discussion of the basis for our decision
to initiate a minor alterations
circumvention inquiry, but not a laterdeveloped merchandise circumvention
inquiry, see the Initiation Decision
Memorandum. The Initiation Decision
Memorandum is a public document, 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. In addition, a
complete version of the Initiation
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Conclusion
Commerce will determine whether
the merchandise subject to the inquiry
(as described in the ‘‘Merchandise
Subject to the Anti-Circumvention
Inquiry’’ section above) is
circumventing the Orders such that it
should be included within the scope of
the Orders, pursuant to section 781(c) of
the Act and 19 CFR 351.225(i).
In accordance with 19 CFR
351.225(l)(2), if Commerce issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated duties, at the applicable rate,
7 See Later-Developed Anticircumvention Inquiry
of the Antidumping Duty Order on Petroleum Wax
Candles from the People’s Republic of China:
Affirmative Preliminary Determination of
Circumvention of Antidumping Duty Order, 71 FR
32033, 32035 (June 2, 2006), unchanged in LaterDeveloped Merchandise Anticircumvention Inquiry
of the Antidumping Duty Order on Petroleum Wax
Candles from the People’s Republic of China:
Affirmative Final Determination of Circumvention
of the Antidumping Duty Order, 71 FR 59075
(October 6, 2006).
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Sfmt 4703
67023
for each unliquidated entry of the
merchandise at issue entered or
withdrawn from warehouse for
consumption on or after the date of
publication in the Federal Register of
the initiation of the inquiry.
Commerce will establish a schedule
for questionnaires and comments on the
issues related to the inquiry. In
accordance with section 781(f) of the
Act, to the maximum extent practicable,
Commerce intends to issue its final
determination within 300 days of the
date of publication of this initiation.
Notification to Interested Parties
This notice is published in
accordance with sections 781(c) of the
Act and 19 CFR 351.225(i).
Dated: November 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–25657 Filed 11–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB048]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the U.S. Coast Guard’s
Alaska Facility Maintenance and
Repair Activities
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 U.S. Coast Guard for
authorization to take small numbers of
marine mammals incidental to
conducting construction activities
related to maintenance and repair of
eight of their facilities in Alaska over
the course of five years from the date of
issuance. Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the U.S. Coast
Guard’s request for the development
and implementation of regulations
governing the incidental taking of
marine mammals. NMFS invites the
public to provide information,
suggestions, and comments on the
application and request.
SUMMARY:
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67024
Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
Comments and information must
be received no later than December 27,
2021.
ADDRESSES: Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. Electronic comments
should be sent to ITP.Meadows@
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, including all
attachments, must not exceed a 25megabyte 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 online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationscooonstruction-activities without
change. All personal identifying
information (e.g., name, address)
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: Dr.
Dwayne Meadows, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of the U.S. Coast
Guard’s application may be obtained
online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
DATES:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers 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 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 incidental take authorization 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
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17:05 Nov 23, 2021
Jkt 256001
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.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance, which
(i) has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On March 15, 2021, NMFS received
an application from the U.S. Coast
Guard (Coast Guard) requesting
authorization for take of marine
mammals incidental to maintenance
and repair of eight of their facilities in
Alaska. After the applicant responded to
our questions, we determined the
application was adequate and complete
on November 17, 2021. The requested
regulations would be valid for 5 years,
from April 1, 2022 through March 31,
2027. The Coast Guard plans to conduct
necessary work, including impact and
vibratory pile driving and removal,
making holes using down-the-hole
equipment, pile cutting and power
washing to maintain and repair their
dock and other facilities. The proposed
action may incidentally expose marine
mammals occurring in the vicinity to
elevated levels of underwater sound,
thereby resulting in incidental take, by
Level A and/or Level B harassment
only. Therefore, the Coast Guard
requests authorization to incidentally
take marine mammals.
Specified Activities
The Coast Guard proposes to conduct
construction necessary for maintenance
and repair of existing in-water
structures at the following eight Coast
Guard station facilities in Alaska:
Kodiak, Sitka, Ketchikan, Valdez,
Cordova, Juneau, Petersburg, and
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Fmt 4703
Sfmt 4703
Seward. Up to 246 piles will be
removed and replaced on a 1 to 1 basis
over the 5-year regulations. The Coast
Guard anticipates a maximum of 395
work days over the course of the 5-year
period and they expect to take 23 stocks
from 12 species of marine mammals.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Coast Guard’s request
(see ADDRESSES). NMFS will consider all
information, suggestions, and comments
related to the request during the
development of proposed regulations
governing the incidental taking of
marine mammals by the Coast Guard, if
appropriate.
Dated: November 18, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–25648 Filed 11–23–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB598]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Parallel
Thimble Shoal Tunnel Project in
Virginia Beach, Virginia
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 NMFS has issued an incidental
harassment authorization (IHA) to the
Chesapeake Tunnel Joint Venture
(CTJV) to incidentally harass, by Level
A and Level B harassment only, marine
mammals during construction activities
associated with the Parallel Thimble
Shoal Tunnel Project (PTST) in Virginia
Beach, Virginia.
DATES: This authorization is effective for
one year from the date of issuance.
FOR FURTHER INFORMATION CONTACT:
Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427–
8401. Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67023-67024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25648]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB048]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the U.S. Coast Guard's Alaska Facility Maintenance and
Repair Activities
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 U.S. Coast Guard for
authorization to take small numbers of marine mammals incidental to
conducting construction activities related to maintenance and repair of
eight of their facilities in Alaska over the course of five years from
the date of issuance. Pursuant to regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS is announcing receipt of the U.S.
Coast Guard's request for the development and implementation of
regulations governing the incidental taking of marine mammals. NMFS
invites the public to provide information, suggestions, and comments on
the application and request.
[[Page 67024]]
DATES: Comments and information must be received no later than December
27, 2021.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Electronic comments
should be sent to [email protected].
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, 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 online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-cooonstruction-activities without change. All personal identifying information (e.g.,
name, address) 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: Dr. Dwayne Meadows, Office of
Protected Resources, NMFS, (301) 427-8401. An electronic copy of the
U.S. Coast Guard's application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems
accessing these documents, please call the contact listed above.
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 (as delegated to NMFS) to allow, upon
request, the incidental, but not intentional, taking of small numbers
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 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 incidental take authorization 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance, which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On March 15, 2021, NMFS received an application from the U.S. Coast
Guard (Coast Guard) requesting authorization for take of marine mammals
incidental to maintenance and repair of eight of their facilities in
Alaska. After the applicant responded to our questions, we determined
the application was adequate and complete on November 17, 2021. The
requested regulations would be valid for 5 years, from April 1, 2022
through March 31, 2027. The Coast Guard plans to conduct necessary
work, including impact and vibratory pile driving and removal, making
holes using down-the-hole equipment, pile cutting and power washing to
maintain and repair their dock and other facilities. The proposed
action may incidentally expose marine mammals occurring in the vicinity
to elevated levels of underwater sound, thereby resulting in incidental
take, by Level A and/or Level B harassment only. Therefore, the Coast
Guard requests authorization to incidentally take marine mammals.
Specified Activities
The Coast Guard proposes to conduct construction necessary for
maintenance and repair of existing in-water structures at the following
eight Coast Guard station facilities in Alaska: Kodiak, Sitka,
Ketchikan, Valdez, Cordova, Juneau, Petersburg, and Seward. Up to 246
piles will be removed and replaced on a 1 to 1 basis over the 5-year
regulations. The Coast Guard anticipates a maximum of 395 work days
over the course of the 5-year period and they expect to take 23 stocks
from 12 species of marine mammals.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Coast Guard's request (see ADDRESSES). NMFS
will consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Coast Guard, if appropriate.
Dated: November 18, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-25648 Filed 11-23-21; 8:45 am]
BILLING CODE 3510-22-P
