Approval for Production Authority; Foreign-Trade Zone 26, OFS Fitel, LLC (Optical Fiber Products), Carrollton, Georgia, 2880 [2023-00815]
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Notices
Dated: January 11, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–00797 Filed 1–17–23; 8:45 am]
BILLING CODE P
Dated: January 11, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance, Alternate Chairman, ForeignTrade Zones Board.
[FR Doc. 2023–00815 Filed 1–17–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
DEPARTMENT OF COMMERCE
[Order No. 2138]
National Oceanic and Atmospheric
Administration
Approval for Production Authority;
Foreign-Trade Zone 26, OFS Fitel, LLC
(Optical Fiber Products), Carrollton,
Georgia
lotter on DSK11XQN23PROD with NOTICES1
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Foreign-Trade Zones
(FTZ) Act provides for ‘‘ . . . the
establishment . . . of foreign-trade
zones in ports of entry of the United
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified
corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Georgia Foreign-Trade
Zone, Inc., grantee of Foreign-Trade
Zone 26, has requested production
authority on behalf of OFS Fitel, LLC
(OFS), within FTZ 26 in Carrollton,
Georgia (B–2–2022, docketed January
20, 2022);
Whereas, notice inviting public
comment has been given in the Federal
Register (87 FR 4195–4196, January 27,
2022) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations would be satisfied,
and that the proposal would be in the
public interest, if subject to the
restriction listed below;
Now, therefore, the Board hereby
orders:
The application for production
authority under zone procedures within
FTZ 26 on behalf of OFS, as described
in the application and Federal Register
notice, is approved, subject to the FTZ
Act and the Board’s regulations,
including Section 400.13, and further
subject to the following restriction: the
authority shall remain in effect for a
period of five years from the date of
approval by the Board, subject to
extension upon review.
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Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the
Replacement of Pier 3 at Naval Station
Norfolk in Norfolk, Virginia
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; modification 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 a modified
incidental harassment authorization
(IHA) to the U.S. Navy to incidentally
harass, by Level A and Level B
harassment, marine mammals during
construction activities associated with
the replacement of Pier 3 at Naval
Station Norfolk at Norfolk, Virginia.
DATES: This Authorization is effective
from the date of issuance through March
31, 2023.
FOR FURTHER INFORMATION CONTACT: Kim
Corcoran, Office of Protected Resources,
NMFS, (301) 427–8401. Electronic
copies of the original application and
supporting documents (including
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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Frm 00004
Fmt 4703
Sfmt 4703
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
incidental take authorization may be
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 such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
History of Request
On March 15, 2022, NMFS issued an
incidental harassment authorization
(IHA) to the Navy to incidentally harass,
by Level A and Level B harassment
only, marine mammals during
construction activities associated with
the Pier 3 Replacement Project at Naval
Station (NAVFAC) Norfolk in Norfolk,
Virginia (87 FR 15945; March 21, 2022).
Species authorized for take included
humpback whale (Megaptera
novaeangliae), bottlenose dolphin
(Tursiops truncatus), harbor porpoise
(Phocoena phocoena), harbor seal
(Phoca vitulina), and gray seal
(Halichoerus grypus). The effective
dates of this IHA are April 1, 2022
through March 31, 2023.
On July 29, 2022, NMFS received a
request from the Navy for a modification
to the Pier 3 Replacement project IHA
due to a change in the construction
contractor’s plan to include concurrent
pile driving and drilling activities.
During consultation for the initial IHA,
the Navy did not anticipate the need for
concurrent activities in the first year of
work. This IHA covers 1 year of a larger
project for which the Navy has
submitted a request for a Letter of
Authorization (LOA) (87 FR 60998;
October 7, 2022) for additional work
occurring from April 1, 2023 through
March 31, 2028. However, the
construction contractor has since
determined that in order to meet the
E:\FR\FM\18JAN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Notices]
[Page 2880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00815]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 2138]
Approval for Production Authority; Foreign-Trade Zone 26, OFS
Fitel, LLC (Optical Fiber Products), Carrollton, Georgia
Pursuant to its authority under the Foreign-Trade Zones Act of
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade
Zones Board (the Board) adopts the following Order:
Whereas, the Foreign-Trade Zones (FTZ) Act provides for `` . . .
the establishment . . . of foreign-trade zones in ports of entry of the
United States, to expedite and encourage foreign commerce, and for
other purposes,'' and authorizes the Foreign-Trade Zones Board to grant
to qualified corporations the privilege of establishing foreign-trade
zones in or adjacent to U.S. Customs and Border Protection ports of
entry;
Whereas, the Georgia Foreign-Trade Zone, Inc., grantee of Foreign-
Trade Zone 26, has requested production authority on behalf of OFS
Fitel, LLC (OFS), within FTZ 26 in Carrollton, Georgia (B-2-2022,
docketed January 20, 2022);
Whereas, notice inviting public comment has been given in the
Federal Register (87 FR 4195-4196, January 27, 2022) and the
application has been processed pursuant to the FTZ Act and the Board's
regulations; and
Whereas, the Board adopts the findings and recommendations of the
examiner's report, and finds that the requirements of the FTZ Act and
the Board's regulations would be satisfied, and that the proposal would
be in the public interest, if subject to the restriction listed below;
Now, therefore, the Board hereby orders:
The application for production authority under zone procedures
within FTZ 26 on behalf of OFS, as described in the application and
Federal Register notice, is approved, subject to the FTZ Act and the
Board's regulations, including Section 400.13, and further subject to
the following restriction: the authority shall remain in effect for a
period of five years from the date of approval by the Board, subject to
extension upon review.
Dated: January 11, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance, Alternate Chairman,
Foreign-Trade Zones Board.
[FR Doc. 2023-00815 Filed 1-17-23; 8:45 am]
BILLING CODE 3510-DS-P
