60d FRN

0293 60d FRN pub 071118_32081.pdf

Application for Commercial Fisheries Authorization under Section 118 of the Marine Mammal Protection Act

60d FRN

OMB: 0648-0293

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Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices
publication of the notice of preliminary
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the sole
company that is still under review
(Tianjin Leviathan), in accordance with
section 776 of the Act, and because our
calculation of the AFA subsidy rate is
outlined in the Tianjin Leviathan AFA
Memorandum,7 there are no further
calculations to disclose.
Public Comment

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Interested parties may submit case
briefs not later than 30 days after the
date of publication of this notice.8
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.9 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.10 Case and rebuttal briefs
should be filed using ACCESS.11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.12
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.13 Commerce intends to issue
the final results of this administrative
review, including the results of its
analysis of arguments raised in any
written briefs, not later than 120 days
after the publication of these
7 See Memorandum, ‘‘Preliminary Results of the
Countervailing Duty Administrative Review of
Certain New Pneumatic Off-the-Road Tires from the
People’s Republic of China: Application of Adverse
Facts Available for Tianjin Leviathan International
Trade Co., Ltd.,’’ (Tianjin Leviathan AFA
Memorandum), dated concurrently with this notice.
8 See 19 CFR 351.309(c)(ii).
9 See 19 CFR 351.309(d)(1).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.303.
12 See 19 CFR 351.310(c).
13 Id.

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preliminary results in the Federal
Register, unless otherwise extended.14
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
CVDs on all appropriate entries.
Shandong Huitong and Techking shall
be assessed CVDs at rates equal to the
cash deposit of estimated countervailing
duties in effect at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2016, through December 31, 2016, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after
publication of this notice.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under an 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 the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: July 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–14829 Filed 7–10–18; 8:45 am]
BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Application for
Commercial Fisheries Authorization
Under Section 118 of the Marine
Mammal Protection Act
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.

AGENCY:

PO 00000

14 See

section 751(a)(3)(A) of the Act.

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ACTION:

32081

Notice.

The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before September 10,
2018.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at [email protected]).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Amy Sloan, 301–427.8401
ext 8432 or [email protected].
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
The Marine Mammal Protection Act
requires any commercial fisherman
operating in Category I and II fisheries
to register for a certificate of
authorization that will allow the
fisherman to take marine mammals
incidental to commercial fishing
operations. Category I and II fisheries
are those identified by NOAA as having
either frequent or occasional takings of
marine mammals. All states have
integrated the National Marine Fisheries
Service (NMFS) registration process into
the existing state fishery registration
process and vessel owners do not need
to file a separate federal registration. If
applicable, vessel owners will be
notified of this simplified registration
process when they apply for their state
or Federal permit or license.
II. Method of Collection
Fishermen have their information
imported directly into the Marine
Mammal Authorization Program
(MMAP) from their state. If they do not
have a state or Federal fishery permit or
license, they can request an MMAP
registration form from their regional
NMFS office and mail in the registration
form.
III. Data
OMB Control Number: 0648–0293.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations; Individuals or
households.

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Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

Estimated Number of Respondents:
600.
Estimated Time per Response: Initial
registration 15 minutes.
Estimated Total Annual Burden
Hours: 150.
Estimated Total Annual Cost to
Public: $15,300 in recordkeeping/
reporting costs and application fees.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: July 6, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018–14851 Filed 7–10–18; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG204

Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Annapolis
Passenger Ferry Dock Project,
Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of 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
Kitsap Transit, to incidentally take, by
Level A and B harassment, marine
mammals during construction activities

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SUMMARY:

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associated with the Annapolis Passenger
Ferry Dock Project in Puget Sound,
Washington.
DATES: This Authorization is applicable
from October 1, 2018 through
September 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application,
IHA, 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/node/
23111. 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 authorization for incidental
takings 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,

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migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On March 5, 2018, NMFS received a
request from Kitsap Transit for an IHA
to take marine mammals incidental to
pile driving and removal associated
with upgrades to the Annapolis Ferry
Terminal, Puget Sound, Washington.
Kitsap Transit submitted a revised
application on May 3, 2018 which
NMFS deemed adequate and complete.
Pile driving and removal will take a
maximum of 17 days. No serious injury
or mortality is expected to occur or is
authorized from this activity and,
therefore, an IHA is appropriate.
On May 16, 2018, NMFS published its
proposed IHA in the Federal Register
for public comment (83 FR 22624).
NMFS has issued an IHA to Kitsap
Transit for the take, by Level A and B
harassment, of harbor seal (Phoca
vitulina richardii), Steller sea lion
(Eumetopias jubatus monteriensis),
California sea lion (Zalophus
californianus), and harbor porpoise
(Phocoena phocoena vomerina).
Description of Proposed Activity
Overview
Kitsap Transit is proposing to upgrade
the existing dock at its Annapolis Ferry
Terminal to accommodate larger vessels
by extending the dock into deeper water
and bring the terminal into compliance
with American Disability Act (ADA)
accessibility standards. The project
includes removing 10 existing concrete
and steel piles that support the existing
pier and float and installing 12 new
steel piles to support updated
structures. Piles will be removed using
a vibratory hammer and new piles will
be installed using a vibratory and, if
necessary, an impact hammer. The
project is anticipated to take 8 weeks to
complete; however, Kitsap Transit
anticipates it will take a maximum of 17
days to complete in-water pile driving
activities.
Dates and Duration
The project would occur for eight
weeks between October 1, 2018 and
September 30, 2019 with the exception
of March 3, 2019 through July 1, 2019
to protect salmonids and surf smelt. Pile
removal has been conservatively
estimated to occur at a rate of 2 piles
removed per day, which would require
5 days to remove 10 piles. Pile
installation was conservatively
estimated to occur at a rate of 1 pile per
day, which would require 12 days to
install 12 piles. In total, there would be

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