Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60929 

6See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

7See Memorandum, ‘‘Calculation of Subsidy Rate 

for Non-Selected Companies Under Review,’’ dated 

concurrently with this notice. 

8Entries for Goodluck India Limited may have 

been made under the following company names: 

Goodluck India Limited (formerly Good Luck Steel 

Tubes Limited); Good Luck Steel Tubes Limited 

Good Luck House; and Good Luck Industries. 

9Tube Investments of India Ltd. is also known as 

Tube Investments of India Limited. 

version of the Issues and Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/

FRNoticesListLayout.aspx. 

Changes Since the Preliminary Results 

Based on a review of the record and 

comments received from interested 

parties regarding our Preliminary 

Results, and for the reasons explained in 

the Issues and Decision Memorandum, 

we made certain changes for these final 

results of review. 

Methodology 

Commerce conducted this review in 

accordance with section 751(a)(l)(A) of 

the Tariff Act of 1930, as amended (the 

Act). For each of the subsidy programs 

found countervailable, we find that 

there is a subsidy, i.e., a financial 

contribution from a government or 

public entity that gives rise to a benefit 

to the recipient, and the subsidy is 

specific.6 For a full description of the 

methodology underlying our 

conclusions, including any 

determination that relied upon the use 

of adverse facts available pursuant to 

section 776(a) and (b) of the Act, see the 

Issues and Decision Memorandum. 

Companies Not Selected for Individual 

Review 

We made no changes to the 

methodology for determining a rate for 

companies not selected for individual 

examination from the Preliminary 

Results. However, due to changes in 

calculations for Goodluck India Limited, 

the non-selected rate changed for each 

of the non-selected companies for which 

a review was requested and not 

rescinded, and which were not selected 

as mandatory respondents.7

Final Results of Review 

We determine the total estimated net 

countervailable subsidy rates for the 

period January 1, 2021, through 

December 31, 2021, to be as follows: 

Producer/exporter 

Subsidy rate 

(percent ad 

valorem) 

Goodluck India Limited 8 ....... 3.39 

Tube Investments of India 

Ltd 9 ................................... 3.97 

Producer/exporter 

Subsidy rate 

(percent ad 

valorem) 

Review-Specific Average Rate Applicable 

to the Following 

Lal Baba Seamless Tubes 

Pvt. Ltd .............................. 3.74 

Metamorphosis Engitech 

India Pvt. Ltd ..................... 3.74 

Disclosure 

Commerce will disclose to interested 

parties the calculations performed for 

these final results within five days of 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of the notice 

of final results in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

Assessment Rate 

Consistent with section 751(a)(2)(C) of 

the Act, upon issuance of the final 

results, Commerce shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, countervailing duties 

on all appropriate entries covered by 

this review. Commerce intends to issue 

appropriate assessment instructions to 

CBP no earlier than 35 days after 

publication of these final results. 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 

Pursuant to section 751(a)(1) of the 

Act, Commerce intends to instruct CBP 

to collect cash deposits of estimated 

countervailing duties in the amounts 

indicated above with regard to 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of the final results of this 

review. For all non-reviewed firms, CBP 

will continue to collect cash deposits of 

estimated countervailing duties at the 

most recent company-specific or allothers rate applicable to the company, 

as appropriate. These cash deposit 

instructions, when imposed, shall 

remain in effect until further notice. 

Administrative Protective Order 

This notice also serves as a final 

reminder to parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction 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 proceeding. Timely written 

notification of the return/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. 

Notification to Interested Parties 

These final results are issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(5). 

Dated: August 29, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Subsidies Valuation Information 

VI. Use of Facts Otherwise Available and 

Application of Adverse Inferences 

VII. Analysis of Programs 

VIII. Discussion of the Issues 

Comment 1: Whether to Apply Adverse 

Facts Available to the Government of 

India or Otherwise Revisit Prior 

Financial Contribution and Specificity 

Determinations 

Comment 2: Steel Inputs Purchased from 

Steel Authority of India Ltd. 

Comment 3: Whether to Correct Certain 

Calculation Errors for Goodluck 

Comment 4: Whether to Countervail 

Benefits from Special Economic Zone 

Programs 

IX. Recommendation 

[FR Doc. 2023–19125 Filed 9–5–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–902] 

Utility Scale Wind Towers From the 

Republic of Korea: Preliminary Results 

of Antidumping Duty Administrative 

Review and Preliminary Determination 

of No Shipments; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 


lotter on DSK11XQN23PROD with NOTICES1
60930 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

1See Utility Scale Wind Towers from Canada, 

Indonesia, the Republic of Korea, and the Socialist 

Republic of Vietnam: Antidumping Duty Orders, 85 

FR 52546, 52547 (August 26, 2020) (Order). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

61278 (October 11, 2022). 

3See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Antidumping Duty 

Administrative Review,’’ dated April 6, 2023. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the 2021–2022 

Administrative Review of the Antidumping Duty 

Order on Utility Scale Wind Towers from Korea,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

5For a complete description of the scope of the 

Order, see Preliminary Decision Memorandum at 2– 

3. 

6See Hyosung’s Letter, ‘‘No Shipment Letter,’’ 

dated October 28, 2022; see also CS Wind’s Letter, 

‘‘Notice of No Sales,’’ dated November 10, 2022. 

7See, e.g., Certain Frozen Warmwater Shrimp 

from Thailand; Preliminary Results of Antidumping 

Duty Administrative Review, Partial Rescission of 

Review, Preliminary Determination of No 

Shipments; 2012–2013, 79 FR 15951, 15952 (March 

24, 2014), unchanged in Certain Frozen Warmwater 

Shrimp from Thailand: Final Results of 

Antidumping Duty Administrative Review, Final 

Determination of No Shipments, and Partial 

Rescission of Review; 2012–2013, 79 FR 51306 

(August 28, 2014); and Magnesium Metal from the 

Russian Federation: Preliminary Results of 

Antidumping Duty Administrative Review, 75 FR 

26922, 26923 (May 13, 2010), unchanged in 

Magnesium Metal from the Russian Federation: 

Final Results of Antidumping Duty Administrative 

Review, 75 FR 56989 (September 17, 2010). 

8See 19 CFR 351.224(b). 

9See 19 CFR 351.309(c). 

determines that sales of utility scale 

wind towers (wind towers) from the 

Republic of Korea (Korea) were made at 

less than normal value (NV) during the 

period of review (POR) August 1, 2021, 

through July 31, 2022. We also 

preliminarily determine that two 

companies had no shipments. Interested 

parties are invited to comment on these 

preliminary results. 

DATES: Applicable September 6, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Adam Simons, AD/CVD Operations, 

Office IX, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6172. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2022, based on timely 

requests for review, in accordance with 

19 CFR 351.221(c)(1)(i), we initiated an 

administrative review of the 

antidumping duty order 1 on wind 

towers from Korea.2 This review covers 

15 producers/exporters of the subject 

merchandise. In April 2023, we 

extended the deadline for issuing the 

preliminary results of this review to no 

later than August 31, 2023.3 For a 

complete description of the events that 

followed the initiation of this review, 

see the Preliminary Decision 

Memorandum.4

Scope of the Order 

The merchandise subject to the Order 

is wind towers.5 The product is 

currently classified in the Harmonized 

Tariff Schedule of the United States 

(HTSUS) under subheading 

7308.20.0020 or 8502.31.0000 and may 

also be classified under HTSUS 

subheading 7308.20.0020 or 

8502.31.0000. While the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written product description remains 

dispositive. 

Preliminary Determination of No 

Shipments 

On October 28 and November 10, 

2022, respectively, we received letters 

from Hyosung Heavy Industries 

Corporation (Hyosung) and CS Wind 

Corporation (CS Wind), timely notifying 

Commerce that they had no exports, 

sales, or entries of subject merchandise 

during the POR.6 Based on their 

certifications and our analysis of U.S. 

Customs and Border Protection (CBP) 

information, we preliminarily determine 

that CS Wind and Hyosung had no 

shipments during the POR. Consistent 

with our practice, we are not rescinding 

the review with respect to CS Wind and 

Hyosung. Instead, we will complete the 

review and issue appropriate 

instructions to CBP based on the final 

results of this review.7

Methodology 

Commerce is conducting this review 

in accordance with section 751(a) of the 

Tariff Act of 1930, as amended (the Act). 

Export price is calculated in accordance 

with section 772 of the Act. NV is 

calculated in accordance with section 

773 of the Act. For a full description of 

the methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. The 

Preliminary Decision Memorandum is a 

public document and is on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. A list 

of the topics discussed in the 

Preliminary Decision Memorandum is 

attached in Appendix I of this notice. 

Preliminary Results of Review 

As a result of this review, we 

preliminarily determine the following 

estimated weighted-average dumping 

margin for the period August 1, 2021, 

through July 31, 2022: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Dongkuk S&C Co., Ltd ......... 1.95 

Companies Not Selected for 

Individual Review .............. 1.95 

Rate for Companies Not Selected for 

Individual Examination 

The Act and Commerce’s regulations 

do not address the establishment of a 

weighted-average dumping margin to be 

applied to companies not selected for 

individual examination when 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

Commerce looks to section 735(c)(5) of 

the Act, which provides instructions for 

calculating the all-others rate in a lessthan-fair-value (LTFV) investigation, for 

guidance when calculating the 

weighted-average dumping margin for 

companies which were not selected for 

individual examination in an 

administrative review. Under section 

735(c)(5)(A) of the Act, the all-others 

rate is normally equal to the weighted 

average of the estimated weightedaverage dumping margins established 

for exporters and producers 

individually examined, excluding rates 

that are zero, de minimis (i.e., less than 

0.5 percent), or determined entirely on 

the basis of facts available. 

For these preliminary results, we have 

preliminary assigned a dumping margin 

to these companies based on the rate 

calculated for Dongkuk S&C Co., Ltd. 

(Dongkuk). The companies not selected 

for individual review are listed in 

Appendix II. 

Disclosure and Public Comment 

Commerce intends to disclose the 

calculations performed in connection 

with these preliminary results to 

interested parties within five days after 

the date of publication of this notice in 

the Federal Register.8 Interested parties 

may submit case briefs or other written 

comments to Commerce no later than 30 

days after the date of publication of this 

notice.9 Rebuttal briefs, limited to issues 

raised in the case briefs, may be filed no 

later than seven days after the time limit 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60931 

10Commerce is exercising its discretion, under 19 

CFR 351.309(d)(1), to alter the time limit for filing 

of rebuttal briefs. 

11See 19 CFR 351.309(c)(2) and (d)(2). 

12See 19 CFR 351.303. 

13See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements); and Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020). 

14See 19 CFR 351.310(c). 

15See 19 CFR 351.310(d). 

16See section 751(a)(3)(A) of the Act and 19 CFR 

351.213(h)(1). 17See Order, 85 FR at 52547. 

for filing case briefs.10 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.11 Case and rebuttal 

briefs should be filed using ACCESS.12

An electronically filed document must 

be received successfully in its entirety 

by ACCESS by 5:00 p.m. Eastern Time 

on the established deadline. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.13

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 within 30 days after the date of 

publication of this notice.14 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. Oral 

presentations at 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.15

Commerce intends to issue the final 

results of this administrative review, 

including the results of its analysis 

raised in any written briefs, not later 

than 120 days after the date of 

publication of this notice, unless 

otherwise extended.16

Assessment Rates 

Upon issuing the final results, 

Commerce shall determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries. Pursuant to 19 CFR 

351.212(b)(1), because Dongkuk 

reported the entered value of its U.S. 

sales, 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 those 

sales. Where either the respondent’s 

weighted-average dumping margin is 

zero or de minimis within the meaning 

of 19 CFR 351.106(c)(1), or an importerspecific 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 Dongkuk 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 all-others rate 

if there is no rate for the intermediate 

company(ies) involved in the 

transaction. 

For the companies which were not 

selected for individual examination, we 

intend to assign an antidumping duty 

assessment rate equal to the dumping 

margin calculated in the final results of 

this review for Dongkuk. Further, if we 

continue to find in the final results that 

CS Wind and Hyosung had no 

shipments of subject merchandise 

during the POR, we will instruct CBP to 

liquidate any suspended entries that 

entered under their antidumping duty 

case numbers (i.e., at that exporter’s 

rate) at the all-others rate if there is no 

rate for the intermediate company(ies) 

involved in the transaction. 

In accordance with section 

751(a)(2)(C) of the Act, 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. 

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 the company listed 

above will be that 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 covered in this 

review, the cash deposit rate will 

continue to be the company-specific 

cash deposit rate published for the most 

recently completed segment of this 

proceeding in which the company 

participated; (3) if the exporter is not a 

firm covered in this review, or the LTFV 

investigation, but the manufacturer is, 

then the cash deposit rate will be the 

rate established for the most recent 

segment for the manufacturer of the 

merchandise; and (4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 5.41 

percent, the all-others rate established 

in the LTFV investigation.17 These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) 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 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: August 29, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I—List of Topics Discussed in 

the Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of the Methodology 

V. Recommendation 

Appendix II—Review-Specific Rate 

Applicable to Companies Not Selected 

for Individual Review 

1. CS Wind China Co., Ltd. 

2. CS Wind Malaysia Sdn. Bhd. 

3. CS Wind Taiwan Ltd. 

4. CS Wind Turkey Kule Imalati A.S. 

5. CS Wind UK Limited 

6. CS Wind Vietnam Co., Ltd. 

7. Enercon Korea Inc. 

8. GE Renewable Energy 


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60932 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

9. Nordex SE 

10. Siemens Gamesa Renewable Energy 

Limited 

11. Vestas Korea 

12. Vestas Korea Wind Technology Ltd. 

[FR Doc. 2023–19121 Filed 9–5–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Information Collection Activities; 

Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; CHIPS Full-Application 

Information Collection 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on Wednesday, 

April 12, 2023, during a 60-day 

comment period. This notice allows for 

an additional 30 days for public 

comments. 

Agency: National Institute of 

Standards and Technology (NIST), 

Commerce. 

Title: CHIPS Full-application 

Information Collection. 

OMB Control Number: 0693–0094. 

Form Number(s): None. 

Type of Request: Regular. 

Number of Respondents: 140. 

Average Hours per Response: 125 

hours. 

Burden Hours: 17,500 hours. 

Needs and Uses: Businesses and other 

entities applying for CHIPS Act funding 

under the CHIPS Incentive Program 

must submit a full application via a 

form available at https://applications.

chips.gov/, which includes: 

• Cover Page 

• Covered Incentive 

• Description of Project(s) 

• Applicant Profile 

• Alignment with Economic and 

National Security Objectives 

• Commercial Strategy 

• Financial Information 

• Project Technical Feasibility 

• Organization Information 

• Workforce Development Plan 

• Broader Impacts 

• Standard Forms 

Affected Public: Business or other forprofit organizations. 

Frequency: Once. 

Respondent’s Obligation: Mandatory 

to be eligible for CHIPS Act funding. 

Legal Authority: CHIPS Act of 2022 

(Division A of Pub. L. 117–167) (the 

Act). 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering either the title of the collection 

or the OMB Control Number 0693–0094. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2023–19190 Filed 9–5–23; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD269] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; modification to 

expiration date of Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

regulations for Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico (GOM), notification is 

hereby given that NMFS has modified 

the expiration date of a Letter of 

Authorization (LOA) issued to Shell 

Offshore Inc. (Shell) for the take of 

marine mammals incidental to 

geophysical survey activity in the GOM. 

DATES: This LOA is effective through 

September 15, 2023. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-oil-andgas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Rachel Wachtendonk, Office of 

Protected Resources, NMFS, (301) 427– 

8401. 

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 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. 

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). 


lotter on DSK11XQN23PROD with NOTICES1