Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Coast Guard's Alaska Facility Maintenance and Repair Activities, 16545-16546 [2024-04793]

Download as PDF Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Notices Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Pursuant to 19 CFR 351.212(b)(1), Dongkuk reported the entered value of its U.S. sales such that we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where either the respondent’s weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Commerce’s ‘‘automatic assessment’’ practice will apply to entries of subject merchandise during the POR produced by Dongkuk for which the company did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate of 5.41 percent if there is no rate for the intermediate company(ies) involved in the transaction.5 Commerce intends to issue liquidation 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). khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the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 the company listed above will be equal to the weighted5 See Order; and Utility Scale Wind Towers from Canada, Indonesia, the Republic of Korea, and the Socialist Republic of Vietnam: Notice of Correction to the Antidumping Duty Orders, 85 FR 56213 (September 11, 2020) (correcting the date that the provisional measures period expired). For a full discussion of the ‘‘automatic assessment’’ practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 16:13 Mar 06, 2024 Jkt 262001 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 or reviewed companies not listed above, 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, or the original less-than-fair-value (LTFV) 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 5.41 percent, the all-others rate established in the LTFV investigation.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition 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 return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. 6 See PO 00000 Order, 85 FR at 52547. Frm 00025 Fmt 4703 Sfmt 4703 16545 Dated: March 1, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Results IV. Discussion of the Issues Comment 1: Whether Commerce Should Revise Its Steel Plate Cost Smoothing Adjustment for Dongkuk Comment 2: Whether Commerce Should Reallocate and Adjust Certain Expenses in Dongkuk’s General and Administrative (G&A) Expense Ratio Calculation Comment 3: Whether to Adjust Dongkuk’s Conversion Costs Comment 4: Dongkuk’s Packing Expenses Comment 5: Whether Commerce Should Increase Dongkuk’s Cost of Production (COP) Comment 6: Adjusting Dongkuk’s Scrap Offset Based on Amount of Plate Consumed Comment 7: Whether Commerce Should Request Information for Constructed Value (CV) Profit and Selling Expenses V. Recommendation [FR Doc. 2024–04881 Filed 3–6–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD703] 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. Issuance of letter of authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the United States Coast Guard (Coast Guard), for the unintentional taking of marine mammals incidental to maintenance and repair at facilities in Alaska, over the course of 5 years (2024–2029). DATES: This LOA is effective from March 1, 2024, through February 28, 2029. SUMMARY: E:\FR\FM\07MRN1.SGM 07MRN1 16546 Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Notices The LOA and supporting documentation are available online at: https://www.fisheries.noaa.gov/action/ incidental-take-authorization-us-coastguards-alaska-facility-maintenanceand-repair. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: ADDRESSES: khammond on DSKJM1Z7X2PROD with NOTICES 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 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 the species or stocks for taking for certain subsistence uses (referred to as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring, and reporting of the 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. 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 VerDate Sep<11>2014 16:13 Mar 06, 2024 Jkt 262001 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 December 20, 2023, we issued a final rule upon request from the Coast Guard for authorization to take marine mammals incidental to construction activities (88 FR 87937). The Coast Guard plans to conduct construction activities for pier maintenance and repair at eight facilities in Alaska. This construction will include use of vibratory pile driving and removal, impact pile driving, and down-the-hole (DTH) drilling. The use of vibratory and impact pile driving and DTH drilling is expected to produce underwater sound at levels that have the potential to result in Level A and Level B harassment of marine mammals. Authorization We have issued a LOA to Coast Guard authorizing the take of marine mammals incidental to construction activities, as described above. Take of marine mammals will be minimized through the implementation of the following planned mitigation measures: (1) required monitoring of the construction area to detect the presence of marine mammals before beginning construction activities; (2) shutdown of construction activities under certain circumstances to avoid injury of marine mammals; and (3) soft start for impact pile driving to allow marine mammals the opportunity to leave the area prior to beginning impact pile driving at full power. Additionally, the rule includes an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate. The Coast Guard will submit reports as required. Based on these findings and the information discussed in the preamble to the final rule, the activities described under this LOA will have a negligible impact on marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected marine mammal stock for subsistence uses. Dated: March 1, 2024. Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024–04793 Filed 3–6–24; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 DEPARTMENT OF ENERGY Notice of Availability of the Draft Environmental Impact Statement for Department of Energy Activities in Support of Commercial Production of High-Assay Low-Enriched Uranium (HALEU) Office of Nuclear Energy, U.S. Department of Energy. ACTION: Notice of availability and public hearings. AGENCY: The U.S. Department of Energy (DOE) announces the availability of the Draft Environmental Impact Statement for Department of Energy Activities in Support of Commercial Production of High-Assay Low-Enriched Uranium (HALEU) (Draft HALEU EIS) (DOE/EIS–0559). DOE is also announcing a public comment period and public hearings to receive comments on the Draft HALEU EIS. DOE prepared the Draft HALEU EIS to evaluate the potential environmental impacts of DOE’s Proposed Action for the acquisition of HALEU produced by a commercial entity using enrichment technology and making it available for commercial use or demonstration projects. DATES: Comments will be accepted during the comment period, which will extend for 45 days after the date that the U.S. Environmental Protection Agency (EPA) publishes its Notice of Availability in the Federal Register March 8, 2024. DOE plans to hold three public hearings on the Draft HALEU EIS. DOE will host internet-based, virtual public hearings in place of inperson hearings. The dates of the hearings will be on Wednesday, April 3, 2024, at 6:00 p.m. ET, 8:00 p.m. ET, and 10:00 p.m. ET. Further information on the public hearings is available on the following website: https:// www.energy.gov/ne/haleuenvironmental-impact-statement. DOE will hold the hearings no earlier than 15 days from the posting of the EPA Notice of Availability. ADDRESSES: DOE invites Federal and state agencies, state and local governments, Native American Tribes, industry, other organizations, and members of the public to review and submit comments on the Draft HALEU EIS. Written comments on the Draft HALEU EIS should be sent to Mr. James Lovejoy, HALEU EIS Document Manager, by mail at: U.S. Department of Energy, Idaho Operations Office, 1955 Fremont Avenue, MS 1235, Idaho Falls, Idaho 83415; or by email to HALEUEIS@nuclear.energy.gov. The Draft HALEU EIS is available for viewing or SUMMARY: E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Notices]
[Pages 16545-16546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04793]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD703]


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. Issuance of letter of authorization.

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

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the United 
States Coast Guard (Coast Guard), for the unintentional taking of 
marine mammals incidental to maintenance and repair at facilities in 
Alaska, over the course of 5 years (2024-2029).

DATES: This LOA is effective from March 1, 2024, through February 28, 
2029.

[[Page 16546]]


ADDRESSES: The LOA and supporting documentation are available online 
at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guards-alaska-facility-maintenance-and-repair. 
In case of problems accessing these documents, please call the contact 
listed below.

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

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 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 the species or stocks for 
taking for certain subsistence uses (referred to as ``mitigation''); 
and requirements pertaining to the mitigation, monitoring, and 
reporting of the 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.
    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 December 20, 2023, we issued a final rule upon request from the 
Coast Guard for authorization to take marine mammals incidental to 
construction activities (88 FR 87937). The Coast Guard plans to conduct 
construction activities for pier maintenance and repair at eight 
facilities in Alaska. This construction will include use of vibratory 
pile driving and removal, impact pile driving, and down-the-hole (DTH) 
drilling. The use of vibratory and impact pile driving and DTH drilling 
is expected to produce underwater sound at levels that have the 
potential to result in Level A and Level B harassment of marine 
mammals.

Authorization

    We have issued a LOA to Coast Guard authorizing the take of marine 
mammals incidental to construction activities, as described above. Take 
of marine mammals will be minimized through the implementation of the 
following planned mitigation measures: (1) required monitoring of the 
construction area to detect the presence of marine mammals before 
beginning construction activities; (2) shutdown of construction 
activities under certain circumstances to avoid injury of marine 
mammals; and (3) soft start for impact pile driving to allow marine 
mammals the opportunity to leave the area prior to beginning impact 
pile driving at full power. Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate. The 
Coast Guard will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: March 1, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2024-04793 Filed 3-6-24; 8:45 am]
BILLING CODE 3510-22-P
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