60644 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

4See Vietnam Finewood Co. v. United States, 633 

F. Supp. 3d 1243, 1255 (CIT 2023). 

5 Id., 633 F. Supp. 3d at 1265. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Vietnam Finewood Company 

Limited, et al., v. United States, Consol. Court No. 

22–00049, Slip-Op. 23–58, dated June 16, 2023 

(Final Results) at 5. 

7See Far East American, Inc. et al. v. United 

States, Consol. Court No. 22–00049, Slip Op. 23– 

122 (CIT August 22, 2023). 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

panels.4 Therefore, the CIT remanded 

Commerce’s determination to 

Commerce with the instruction that 

Commerce issue a scope ruling 

concerning Finewood’s two-ply panels 

that is consistent with the unambiguous 

meaning of the Orders.5

In its final remand redetermination, 

issued in June 2023, Commerce adopted 

the CIT’s interpretation of the scope of 

the Orders and determined that 

hardwood plywood exported to the 

United States by Finewood that was 

produced using two-ply panels 

imported into Vietnam from China is 

not subject to the scope of the Orders.6

The CIT sustained Commerce’s final 

redetermination.7

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 sections 516A(c) and 

(e) 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 

August 22, 2023, 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 

Because there is now a final court 

judgment, Commerce is amending its 

Final Scope Ruling to find that 

hardwood plywood exported to the 

United States by Finewood that was 

produced using two-ply panels 

imported into Vietnam from China is 

not subject to the scope of the Orders. 

Liquidation of Suspended Entries 

Commerce will instruct CBP that, 

pending any appeals, the cash deposit 

rate will be zero percent for 

merchandise subject to the scope ruling. 

In the event that the CIT’s final 

judgment is not appealed or is upheld 

on appeal, Commerce will notify CBP of 

our amended scope ruling in response 

to its covered merchandise referral and 

will instruct CBP to liquidate any 

unliquidated entries of hardwood 

plywood exported to the United States 

by Finewood that was produced using 

two-ply panels imported into Vietnam 

from China without regard to 

antidumping and countervailing duties 

and to lift suspension of liquidation of 

such entries. 

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: August 29, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–19043 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Industrial Advisory Committee 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: The Industrial Advisory 

Committee (Committee) will hold an 

open meeting via web conference on 

Wednesday, November 8, 2023, from 

10:30 a.m. to 3:30 p.m. Eastern Time. 

The primary purposes of this meeting 

are to update the Committee on the 

progress of the CHIPS R&D Programs, 

receive updates from the Committee 

working groups, and allow the 

Committee to deliberate and discuss the 

progress that has been made. The final 

agenda will be posted on the NIST 

website at https://www.nist.gov/chips/ 

industrial-advisory-committee. 

DATES: The Industrial Advisory 

Committee will meet on Wednesday, 

November 8, 2023, from 10:30 a.m. to 

3:30 p.m. Eastern Time. The meeting 

will be open to the public. 

ADDRESSES: The meeting will be held 

via web conference. For instructions on 

how to attend and/or participate in the 

meeting, please see the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Tamiko Ford at Tamiko.Ford@NIST.gov 

or (202) 594–6793. 

SUPPLEMENTARY INFORMATION: The 

Committee was established pursuant to 

15 U.S.C. 4656(b). The Committee is 

currently composed of 24 members, 

appointed by the Secretary of 

Commerce, to provide advice to the 

United States Government on matters 

relating to microelectronics research, 

development, manufacturing, and 

policy. Background information on the 

CHIPS Act and information on the 

Committee is available at https://

www.nist.gov/chips/industrial-advisorycommittee. Pursuant to the Federal 

Advisory Committee Act, as amended, 5 

U.S.C. app., notice is hereby given that 

the Industrial Advisory Committee will 

meet on Wednesday, November 8, 2023, 

from 10:30 a.m. to 3:30 p.m. Eastern 

Time. The meeting will be open to the 

public and will be held via web 

conference. Interested members of the 

public will be able to participate in the 

meeting from remote locations. The 

primary purposes of this meeting are to 

update the Committee on the progress of 

the CHIPS R&D Programs, receive 

updates from the Committee working 

groups, and allow the Committee to 

deliberate and discuss the progress that 

has been made. The final agenda will be 

posted on the NIST website at https:// 

www.nist.gov/chips/industrial-advisorycommittee. Individuals and 

representatives of organizations who 

would like to offer comments and 

suggestions related to items on the 

Committee’s agenda for this meeting are 

invited to submit comments in advance 

of the meeting. Written comments may 

be submitted via the registration link. 

Approximately ten minutes will be 

reserved for public comments, which 

will be read on a first-come, first-served 

basis. Please note that all submitted 

comments, including those not read 

during the meeting, will be treated as 

public documents and will be made 

available for public inspection. The 

Committee will not consider or 

deliberate upon comments from the 

public during this period. All those 

wishing to submit a comment must 

submit their request and comment via 

the registration link by 5:00 p.m. Eastern 

Time, Friday, November 3, 2023. 

All visitors to the meeting are 

required to pre-register to be attend. 

Anyone wishing to attend via web 

conference must register by 5:00 p.m. 

Eastern Time, Friday, November 3, 

2023, to attend. Please submit your full 

name, the organization you represent (if 

applicable), email address, and phone 

number via https://events.nist.gov/ 

profile/18507. Non-U.S. citizens must 

submit additional information; please 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 60645 

contact Tamiko Ford at Tamiko.Ford@

nist.gov. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2023–19087 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD220] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to In-Water 

Construction on Bainbridge Island, 

Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of renewal 

incidental harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that NMFS has issued a Renewal 

incidental harassment authorization 

(IHA) to Washington State Department 

of Transportation (WSDOT) Ferries 

Division to incidentally harass marine 

mammals incidental to the Bainbridge 

Island Ferry Terminal Overhead 

Loading Replacement Project on 

Bainbridge Island, Washington within 

the Puget Sound. 

DATES: This renewal IHA is valid from 

September 16, 2023 through September 

15, 2024. 

ADDRESSES: Electronic copies of the 

original application, Renewal request, 

and supporting documents (including 

NMFS 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 below. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Wachtendonk, Office of 

Protected Resources, NMFS, (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(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, an incidental 

harassment authorization is issued. 

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 here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

meaning of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in Section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

authorization, NMFS described the 

circumstances under which we would 

consider issuing a renewal for this 

activity, and requested public comment 

on a potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year Renewal IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

Renewal IHA effective date (recognizing 

that the Renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

Renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take). 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

3. Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals. 

History of Request 

On September 16, 2022, NMFS issued 

an IHA to WSDOT to take marine 

mammals incidental to two in-water 

construction projects on Bainbridge 

Island, Washington, in the Puget Sound: 

the Bainbridge Island Ferry Terminal 

Overhead Loading Replacement Project 

and Eagle Harbor Maintenance Facility 

Slip F Improvement Project (87 FR 

58313), effective from September 16, 

2022 through September 15, 2023. On 

February 15, 2023, NMFS received an 

application for the renewal of that 

initial IHA. As described in the 

application for the Renewal IHA, the 

activities for which incidental take is 

requested consist of activities that are 

covered by the initial authorization but 


ddrumheller on DSK120RN23PROD with NOTICES1