Gulf of Mexico Fishery Management Council; Public Meeting, 57457-57458 [2022-20323]
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Federal Register / Vol. 87, No. 181 / Tuesday, September 20, 2022 / Notices
appealed Commerce’s Final Scope
Ruling.
On October 16, 2020, the CIT
remanded the Final Scope Ruling to
Commerce, holding that Commerce’s
determination that the sources
identified in 19 CFR 351.225(k)(1) were
dispositive as to whether Vandewater’s
outlets were covered by the scope of the
order was not supported by substantial
evidence.2 The CIT instructed
Commerce to conduct a full scope
inquiry on remand and analyze the
criteria set forth in 19 CFR
351.225(k)(2).3
In its remand redetermination
proceedings, Commerce initiated a full
scope inquiry and reopened the record,
prior to issuing the final results of
redetermination in July 2021.4
Commerce also evaluated the criteria set
forth in 19 CFR 351.225(k)(2) and
continued to find that Vandewater’s
steel branch outlets are covered by the
order.5 As a consequence of initiating a
scope inquiry on remand, Commerce
clarified that it would no longer instruct
U.S. Customs and Border Protection
(CBP) to suspend or continue to
suspend entries that were suspended
pursuant to the instructions issued
following the September 10, 2018, Final
Scope Ruling. Rather, Commerce
indicated that it would instruct CBP
(upon a final and conclusive court
decision) to suspend or continue to
suspend entries of steel branch outlets
that entered, or were withdrawn from
warehouse, for consumption on or after
October 30, 2020 (i.e., the date of
initiation of the scope inquiry).6 The
CIT sustained Commerce’s final
redetermination.7
lotter on DSK11XQN23PROD with NOTICES1
Timken Notice
In its decision in Timken,8 as clarified
by Diamond Sawblades,9 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
2 See Vandewater International, Inc. v. United
States, 476 F. Supp. 3d 1357, 1359 (CIT October 16,
2020) (Remand Order).
3 Id.
4 See Commerce’s Letter, ‘‘Carbon Steel Butt-Weld
Pipe Fittings from the People’s Republic of China:
Initiation of Scope Inquiry,’’ dated October 30,
2020.
5 See Final Results of Redetermination Pursuant
to Court Remand, Vandewater International, Inc. v.
United States, Court No. 18–00199, Slip Op. 20–
146, dated July 22, 2021 (Final Results of
Redetermination), available at https://
access.trade.gov/Resources/remands/20-146.pdf.
6 Id. at 103.
7 See Vandewater International, Inc. v. United
States, Court No. 18–00199, Slip Op. 22–104
(September 8, 2022).
8 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
9 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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17:48 Sep 19, 2022
Jkt 256001
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
September 8, 2022, judgment constitutes
a final decision of the CIT that is not in
harmony with Commerce’s Final Scope
Ruling. Thus, this notice is published in
fulfillment of the publication
requirements of Timken.
Amended Final Scope Ruling
In accordance with the CIT’s
September 8, 2022, final judgment,
Commerce has revised the analysis
contained in its Final Scope Ruling and
continues to find that the scope of the
order covers the products addressed in
the Final Scope Ruling. However, as
summarized above, Commerce has
modified its determination with respect
to the suspension of liquidation for
entries of Vandewater’s steel branch
outlets. Specifically, if Commerce’s
decision on remand is sustained, we no
longer intend to instruct CBP to suspend
or continue to suspend entries that were
suspended pursuant to the instructions
issued following the September 10,
2018, Final Scope Ruling. Rather,
Commerce intends to instruct CBP
(upon a final and conclusive court
decision) to suspend or continue to
suspend entries of steel branch outlets
that entered, or were withdrawn from
warehouse, for consumption on or after
October 30, 2020.10
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by the CIT from liquidating
Vandewater’s entries of steel branch
outlets covered by the scope of the order
entered, or withdrawn from warehouse
for consumption, on or after September
10, 2018. These entries will remain
enjoined pursuant to the terms of the
injunction during the pendency of any
appeals process.
With respect to entries predating
October 30, 2020, that were suspended
pursuant to the instructions issued
following the September 10, 2018, Final
Scope Ruling, Commerce will instruct
CBP that, pending any appeals, the cash
deposit rate will be zero percent for
steel branch outlets imported by
Vandewater. In the event that the CIT’s
final judgment is not appealed or is
upheld on appeal, Commerce intends to
instruct CBP to lift suspension of
liquidation and liquidate such entries
without regard to antidumping duties.
10 See
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Final Results of Redetermination at 103.
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57457
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: September 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–20307 Filed 9–19–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC386]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
SUMMARY: The Gulf of Mexico and South
Atlantic Fishery Management Councils
(Councils) will hold a one-day hybrid
(in-person/virtual) meeting of its Joint
Council Workgroup for Section 102 of
the Modernizing Recreational Fisheries
Management Act of 2018.
DATES: The meeting will take place
Wednesday, October 12, 2022, from 9:30
a.m. to 4 p.m., EST.
ADDRESSES: The in-person meeting will
take place at the Gulf Council office.
Registration information will be
available on the Council’s website by
visiting www.gulfcouncil.org and
clicking on the Joint Workgroup meeting
on the calendar.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Rindone, Lead Fishery Biologist,
Gulf of Mexico Fishery Management
Council; ryan.rindone@gulfcouncil.org,
telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION:
Wednesday, October 12, 2022; 9:30
a.m.–4 p.m., EST
The meeting will begin with
Introductions, Adoption of Agenda,
Approval of Minutes from the
September 10, 2020 meeting, and a
presentation and discussion on the
Future Vision for Federal Managed
Recreational Fisheries.
The Joint Workgroup will receive a
summary from the South Atlantic
Fishery Management Council’s
E:\FR\FM\20SEN1.SGM
20SEN1
57458
Federal Register / Vol. 87, No. 181 / Tuesday, September 20, 2022 / Notices
Workgroup on Federal Reef Fish
Permits, followed by a review of the
National Saltwater Recreational
Fisheries Policy and the March 2022
Recreational Fisheries Summit Recap
and Workgroup Goals. The Joint
Workgroup will then receive a
presentation titled: How are the
Councils Doing, with respect to
implementing alternative recreational
fisheries management strategies,
followed by making recommendations
to the Councils for Alternative
Recreational Fisheries Management
Strategies.
Lastly, the Joint Workgroup will
receive Public Comment and discuss
any Other Business items.
—Meeting Adjourns
The meeting will also be broadcast via
webinar. You may register for the
webinar by visiting www.gulfcouncil.org
and clicking on the Joint Workgroup
meeting on the calendar. The Agenda is
subject to change, and the latest version
along with other meeting materials will
be posted on www.gulfcouncil.org as
they become available.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to
Kathy Pereira, (813) 348–1630, at least
5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 15, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–20323 Filed 9–19–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC223]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Office of
Naval Research’s Arctic Research
Activities in the Beaufort and Chukchi
Seas (Year 5)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
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AGENCY:
SUMMARY: In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
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17:48 Sep 19, 2022
Jkt 256001
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
Office of Naval Research (ONR) to
incidentally harass, by Level B
harassment only, marine mammals
during active acoustic testing associated
with Arctic Research Activities (ARA)
in the Beaufort Sea and eastern Chukchi
Sea. The ONR’s activities are considered
military readiness activities pursuant to
the MMPA, as amended by the National
Defense Authorization Act for Fiscal
Year (FY) 2004 (2004 NDAA).
DATES: This Authorization is effective
from September 14, 2022 through
September 13, 2023.
FOR FURTHER INFORMATION CONTACT:
Jessica Taylor, 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 online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-military-readinessactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. 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
proposed or, if the taking is limited to
harassment, a notice of a proposed IHA
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’), and requirements
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The 2004 NDAA (Pub. L. 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations indicated above and
amended the definition of ‘‘harassment’’
as applied to a ‘‘military readiness
activity.’’ The activity for which
incidental take of marine mammals is
being authorized addressed here
qualifies as a military readiness activity.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
Summary of Request
On March 21, 2022, NMFS received a
request from ONR for an IHA to take
marine mammals incidental to ARA in
the Beaufort and eastern Chukchi Seas.
The application was deemed adequate
and complete on June 30, 2022. ONR’s
request is for take of beluga whales
(Delphinapterus leucas; two stocks) and
ringed seals (Pusa hispida hispida) by
Level B harassment. Neither ONR nor
NMFS expect serious injury or mortality
to result from this activity and,
therefore, an IHA is appropriate.
This IHA covers the fifth year of a
larger project for which ONR obtained
prior IHAs (83 FR 48799, September 27,
2018; 84 FR 50007, September 24, 2019;
85 FR 53333, August 28, 2020; 86 FR
54931, October 5, 2021) and may
request take authorization for
subsequent facets of the overall project.
This IHA is valid for a period of 1 year
from the date of issuance. The larger
project supports the development of an
under-ice navigation system under the
ONR Arctic Mobile Observing System
(AMOS) project. ONR has complied
with all the requirements (e.g.,
mitigation, monitoring, and reporting) of
the previous IHAs (83 FR 48799,
September 27, 2018; 84 FR 50007,
September 24, 2019; 85 FR 53333,
August 28, 2020; 86 FR 54931, October
5, 2021).
Description of Specified Activity
Overview
ONR’s ARA include scientific
experiments to be conducted in support
of the programs named above.
Specifically, the project includes the
AMOS experiments in the Beaufort and
Chukchi Seas. Project activities involve
acoustic testing and a multi-frequency
navigation system concept test using
left-behind active acoustic sources.
More specifically, these experiments
involve the deployment of moored,
drifting, and ice-tethered active acoustic
sources from the Research Vessel (R/V)
Sikuliaq. Another vessel will be used to
E:\FR\FM\20SEN1.SGM
20SEN1
Agencies
[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Notices]
[Pages 57457-57458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20323]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC386]
Gulf of Mexico Fishery Management Council; Public Meeting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of a public meeting.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico and South Atlantic Fishery Management
Councils (Councils) will hold a one-day hybrid (in-person/virtual)
meeting of its Joint Council Workgroup for Section 102 of the
Modernizing Recreational Fisheries Management Act of 2018.
DATES: The meeting will take place Wednesday, October 12, 2022, from
9:30 a.m. to 4 p.m., EST.
ADDRESSES: The in-person meeting will take place at the Gulf Council
office. Registration information will be available on the Council's
website by visiting www.gulfcouncil.org and clicking on the Joint
Workgroup meeting on the calendar.
Council address: Gulf of Mexico Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL 33607; telephone: (813) 348-1630.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Rindone, Lead Fishery
Biologist, Gulf of Mexico Fishery Management Council;
[email protected], telephone: (813) 348-1630.
SUPPLEMENTARY INFORMATION:
Wednesday, October 12, 2022; 9:30 a.m.-4 p.m., EST
The meeting will begin with Introductions, Adoption of Agenda,
Approval of Minutes from the September 10, 2020 meeting, and a
presentation and discussion on the Future Vision for Federal Managed
Recreational Fisheries.
The Joint Workgroup will receive a summary from the South Atlantic
Fishery Management Council's
[[Page 57458]]
Workgroup on Federal Reef Fish Permits, followed by a review of the
National Saltwater Recreational Fisheries Policy and the March 2022
Recreational Fisheries Summit Recap and Workgroup Goals. The Joint
Workgroup will then receive a presentation titled: How are the Councils
Doing, with respect to implementing alternative recreational fisheries
management strategies, followed by making recommendations to the
Councils for Alternative Recreational Fisheries Management Strategies.
Lastly, the Joint Workgroup will receive Public Comment and discuss
any Other Business items.
--Meeting Adjourns
The meeting will also be broadcast via webinar. You may register
for the webinar by visiting www.gulfcouncil.org and clicking on the
Joint Workgroup meeting on the calendar. The Agenda is subject to
change, and the latest version along with other meeting materials will
be posted on www.gulfcouncil.org as they become available.
Special Accommodations
The meeting is physically accessible to people with disabilities.
Requests for sign language interpretation or other auxiliary aid should
be directed to Kathy Pereira, (813) 348-1630, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 15, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2022-20323 Filed 9-19-22; 8:45 am]
BILLING CODE 3510-22-P