Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Space Force Operations at Vandenberg Space Force Base, California, 39231-39232 [2023-12788]

Download as PDF Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 average dumping margin is zero or de minimis, within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.19 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by Industeel for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate established in the original less-thanfair-value (LTFV) investigation (5.40 percent) if there is no rate for the intermediate company(ies) involved in the transaction.20 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Industeel will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV 19 See 19 CFR 351.106(c)(2). a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 20 For VerDate Sep<11>2014 17:54 Jun 14, 2023 Jkt 259001 investigation, but the producer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 5.40 percent, the all-others rate established in the LTFV investigation.21 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: May 31, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2023–12828 Filed 6–14–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD059] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Space Force Operations at Vandenberg Space Force Base, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: 21 See PO 00000 CTL Plate Order, 82 FR 24098. Frm 00013 Fmt 4703 Sfmt 4703 39231 Notice; receipt of application for regulations and letter of authorization; request for comments and information. ACTION: NMFS has received a request from the U.S. Space Force (USSF) for authorization to take small numbers of six species of marine mammals, by Level B harassment only, incidental to rocket and missile launches and other base operations at Vandenberg Space Force Base (VSFB). USSF is requesting a 5-year Letter of Authorization for takes resulting from these activities (2024– 2029). Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Space Force’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 Space Force’s application and request. DATES: Comments and information must be received no later than July 17, 2023. ADDRESSES: Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service and should be sent to ITP.Tucker@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 received electronically, including all attachments, must not exceed a 25megabyte file size. All comments received are a part of the public record and will generally be posted online at: https://www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act 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: Steven Tucker, (301) 427–8401. An electronic copy of the USSF application 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 email the contact listed above. SUPPLEMENTARY INFORMATION: SUMMARY: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct E:\FR\FM\15JNN1.SGM 15JNN1 39232 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 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 November 2, 2022 NMFS received an application from the U.S. Space Force, Vandenberg Space Force Base requesting authorization for taking of marine mammals by Level B harassment incidental to base operations. Following extensive exchange of information between NMFS and the applicant, a revised application was submitted on May 25, 2023. The revised application was deemed adequate and complete on May 26, 2023. Launch sites at VSFB serve as the point of origin for launches conducted by Department of Defense, National Aeronautics and Space Administration, and commercial entities. All launch operations would occur at VSFB, potentially resulting in impacts to VerDate Sep<11>2014 17:54 Jun 14, 2023 Jkt 259001 marine mammals at VSFB (as a result of launch noise and visual stimuli) and at the Northern Channel Islands (as a result of noise from sonic booms). Therefore, USSF requests authorization to incidentally take marine mammals. Specified Activities U.S. Space Force’s request describes activities that are conducted to meet mission requirements for VSFB. The base is the primary launch facility on the west coast of the United States for placing commercial, government, and military satellites into polar orbit on unmanned launch vehicles, and for the testing and evaluation of intercontinental ballistic missiles (ICBMs) and sub-orbital target and interceptor missiles. Related operations include surface launches of space vehicles and recovery of first stage boosters, silo launches of intercontinental ballistic missiles, test launches related to the Ground Based Strategic Defense program (GBSD), operation of various aircraft including unmanned aerial systems, and harbor operations. The USSF anticipates an incremental increase in the number of launches, culminating with 15 missile and 110 rocket launches in 2028, the last full calendar year that an authorization would be in effect. A full description of these activities including descriptions of the types of vehicles, estimated number of launches per year and proposed marine mammal monitoring, is provided in the USSF’s request. Information Solicited Interested persons may submit information, suggestions, and comments concerning U.S. Space Force’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 U.S. Space Force, if appropriate. Dated: June 9, 2023. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–12788 Filed 6–14–23; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 DEPARTMENT OF EDUCATION [Docket No.: ED–2023–SCC–0061] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; ED– 524 Budget Information NonConstruction Programs Form and Instructions Office of Finance and Operations (OFO), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR). DATES: Interested persons are invited to submit comments on or before July 17, 2023. ADDRESSES: Written comments and recommendations for proposed information collection requests should be submitted within 30 days of publication of this notice. Click on this link www.reginfo.gov/public/do/ PRAMain to access the site. Find this information collection request (ICR) by selecting ‘‘Department of Education’’ under ‘‘Currently Under Review,’’ then check the ‘‘Only Show ICR for Public Comment’’ checkbox. Reginfo.gov provides two links to view documents related to this information collection request. Information collection forms and instructions may be found by clicking on the ‘‘View Information Collection (IC) List’’ link. Supporting statements and other supporting documentation may be found by clicking on the ‘‘View Supporting Statement and Other Documents’’ link. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Cleveland Knight, 202–987–0064. SUPPLEMENTARY INFORMATION: The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in SUMMARY: E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39231-39232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12788]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD059]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Space Force Operations at Vandenberg Space Force 
Base, California

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

ACTION: Notice; receipt of application for regulations and letter of 
authorization; request for comments and information.

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

SUMMARY: NMFS has received a request from the U.S. Space Force (USSF) 
for authorization to take small numbers of six species of marine 
mammals, by Level B harassment only, incidental to rocket and missile 
launches and other base operations at Vandenberg Space Force Base 
(VSFB). USSF is requesting a 5-year Letter of Authorization for takes 
resulting from these activities (2024-2029). Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of the Space Force'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 Space Force's application and request.

DATES: Comments and information must be received no later than July 17, 
2023.

ADDRESSES: Comments on the applications should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service and 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 received electronically, including 
all attachments, must not exceed a 25-megabyte file size. All comments 
received are a part of the public record and will generally be posted 
online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act 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: Steven Tucker, (301) 427-8401. An 
electronic copy of the USSF application may be obtained online at: 
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these 
documents, please email 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

[[Page 39232]]

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 November 2, 2022 NMFS received an application from the U.S. 
Space Force, Vandenberg Space Force Base requesting authorization for 
taking of marine mammals by Level B harassment incidental to base 
operations. Following extensive exchange of information between NMFS 
and the applicant, a revised application was submitted on May 25, 2023. 
The revised application was deemed adequate and complete on May 26, 
2023.
    Launch sites at VSFB serve as the point of origin for launches 
conducted by Department of Defense, National Aeronautics and Space 
Administration, and commercial entities. All launch operations would 
occur at VSFB, potentially resulting in impacts to marine mammals at 
VSFB (as a result of launch noise and visual stimuli) and at the 
Northern Channel Islands (as a result of noise from sonic booms). 
Therefore, USSF requests authorization to incidentally take marine 
mammals.

Specified Activities

    U.S. Space Force's request describes activities that are conducted 
to meet mission requirements for VSFB. The base is the primary launch 
facility on the west coast of the United States for placing commercial, 
government, and military satellites into polar orbit on unmanned launch 
vehicles, and for the testing and evaluation of intercontinental 
ballistic missiles (ICBMs) and sub-orbital target and interceptor 
missiles. Related operations include surface launches of space vehicles 
and recovery of first stage boosters, silo launches of intercontinental 
ballistic missiles, test launches related to the Ground Based Strategic 
Defense program (GBSD), operation of various aircraft including 
unmanned aerial systems, and harbor operations. The USSF anticipates an 
incremental increase in the number of launches, culminating with 15 
missile and 110 rocket launches in 2028, the last full calendar year 
that an authorization would be in effect.
    A full description of these activities including descriptions of 
the types of vehicles, estimated number of launches per year and 
proposed marine mammal monitoring, is provided in the USSF's request.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning U.S. Space Force'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 U.S. Space Force, if 
appropriate.

    Dated: June 9, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-12788 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-22-P


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