63064 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 

2See Petitioner’s Letter, ‘‘Petitioner’s Request for 

Postponement of Preliminary Determinations,’’ 

dated August 31, 2023. 

3 Id. at 2. 

1See Certain Metal Lockers and Parts Thereof 

from the People’s Republic of China: Initiation and 

Expedited Preliminary Results of Changed 

Circumstances Reviews, and Intent to Revoke the 

Antidumping and Countervailing Duty Orders, in 

Part, 88 FR 47474 (July 24, 2023) (Preliminary 

Results). 

2See Certain Metal Lockers and Parts Thereof 

from the People’s Republic of China: Antidumping 

and Countervailing Duty Orders, 86 FR 46826 

(August 20, 2021) (Orders). 

3See Academy’s Letter, ‘‘Metal Lockers from the 

People’s Republic of China: Academy, Ltd.’s Case 

Brief,’’ dated August 7, 2023 (Academy’s Case 

Brief). 

4See Fort Knox’s Letter, ‘‘Letter in Lieu of Case 

Brief, Comments of Fort Knox, Inc. on Preliminary 

Results of CCR and Intent to Revoke the Orders, in 

Part,’’ dated August 7, 2023 (Fort Knox’s 

Comments). 

5See TSC’s Letter, ‘‘Rebuttal Brief,’’ dated August 

14, 2023 (TSC’s Rebuttal Brief); and See Petitioners’ 

Letter, ‘‘Rebuttal Brief of Petitioner,’’ dated August 

14, 2023 (Petitioners’ Rebuttal Brief). 

6See Memorandum, ‘‘Certain Metal Lockers and 

Parts Thereof from the People’s Republic of China: 

Final Results of Changed Circumstances Reviews,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

Commerce to issue the preliminary 

determination in an LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1) of the Act 

permits Commerce to postpone the 

preliminary determination until no later 

than 190 days after the date on which 

Commerce initiated the investigation if: 

(A) the petitioner makes a timely 

request for a postponement; or (B) 

Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On August 31, 2023, Edsal 

Manufacturing Co., Inc. (the petitioner) 

submitted a timely request that 

Commerce postpone the preliminary 

determinations in the LTFV 

investigations for India, Malaysia, 

Taiwan, Thailand, and Vietnam.2 The 

petitioner stated that it requests 

postponement due to concerns that 

Commerce will need more time to issue 

supplemental questionnaires to address 

deficiencies in the respondents’ initial 

questionnaire responses.3

For the reasons stated above, and 

because there are no compelling reasons 

to deny the request, Commerce, in 

accordance with section 733(c)(1)(A) of 

the Act and 19 CFR 351.205(e), is 

postponing the deadline for the 

preliminary determinations by 50 days 

(i.e., 190 days after the date on which 

these investigations were initiated). As 

a result, Commerce will issue its 

preliminary determinations no later 

than November 21, 2023. In accordance 

with section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1), the deadline for the 

final determinations in these 

investigations will continue to be 75 

days after the date of the preliminary 

determinations, unless postponed at a 

later date. 

Notification to Interested Parties 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: September 8, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–19896 Filed 9–13–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–133, C–570–134] 

Certain Metal Lockers and Parts 

Thereof From the People’s Republic of 

China: Final Results of Antidumping 

Duty Changed Circumstances 

Reviews, and Intent To Revoke the 

Antidumping and Countervailing Duty 

Orders, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is issuing the 

final results of changed circumstances 

reviews (CCRs) of the antidumping duty 

(AD) and countervailing duty (CVD) 

orders on certain metal lockers and 

parts thereof (metal lockers) from the 

People’s Republic of China (China), to 

revoke the orders, in part, with respect 

to certain gun safes. 

DATES: Applicable September 14, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Palmer, AD/CVD Operations, 

Office III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1678. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 2023, Commerce 

published its initiation and preliminary 

results in the CCRs on metal lockers 

from China,1 in which Commerce found 

that changed circumstances warranted 

revocation of the Orders,2 in part, with 

respect to such gun safes, with an 

effective date retroactive to the date of 

the Orders. We provided interested 

parties with the opportunity to 

comment and request a public hearing 

regarding the Preliminary Results. 

On August 7, 2023, Academy, Ltd., 

(Academy), submitted a case brief,3 and 

Fort Knox, Inc. (Fort Knox) submitted a 

letter in lieu of a case brief.4 On August 

14, 2023, Tractor Supply Company 

(TSC) and List Industries, Inc. (List) and 

Tennsco LLC (Tennsco) (collectively, 

the petitioners) submitted rebuttal 

briefs.5

Scope of the Orders 

The scope of the Orders covers certain 

metal lockers, with or without doors, 

and parts thereof (metal lockers). The 

subject certain metal lockers are 

classified under Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading 9403.20.0078. Parts of 

subject certain metal lockers are 

classified under HTS subheading 

9403.90.8041. In addition, subject 

certain metal lockers may also enter 

under HTS subheading 9403.20.0050. 

While HTSUS subheadings are provided 

for convenience and Customs purposes, 

the written description of the scope of 

the Orders is dispositive. For a full 

description of the revised scope of the 

Orders, see Appendix II. 

Analysis of Comments Received 

All issues raised by the parties in the 

case brief, letter in lieu of a case brief, 

and rebuttal briefs are addressed in the 

Issues and Decision Memorandum 6 and 

are listed in Appendix I. The Issues and 

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 Issues and Decision 

Memorandum can be accessed directly 

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

FRNoticesListLayout.aspx. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 63065 

7See Academy’s Case Brief; and Fort Knox’s 

Comments; and Academy’s Request to Reject Fort 

Knox’s Comments; and TSC’s Rebuttal Brief; and 

Petitioners’ Rebuttal Brief. 

8See TSC’s Letter, ‘‘Request for Changed 

Circumstances Review,’’ dated June 8, 2023 (TSC’s 

Request). 

9See TSC’s Request at 2 (citing Exhibit 1); see 

also Petitioner’s Letter, ‘‘Response to Changed 

Circumstance Review Request,’’ dated June 22, 2023 

(Petitioner’s Comments) at 12–13. 

10See Appendix II. 

11See TSC’s Request at 1. 

Final Results of Changed 

Circumstances Reviews and Revocation 

of the Orders, in Part 

Upon review of the comments 

received,7 Commerce continues to 

determine that domestic locker 

producers accounting for greater than 85 

percent of the domestic industry have 

expressed support for TSC’s requested 

CCRs,8 which includes support from the 

original petitioners and other domestic 

locker producers,9 and as a result, 

Commerce finds that changed 

circumstances warrant revocation of the 

Orders, in part, with respect to certain 

gun safes, as described in the revised 

scope language.10

As a result of this determination, 

Commerce finds that entries of certain 

gun safe models imported by TSC, 

specifically, TS12–30 and TS20–30,11

are excluded from the Orders. 

Application of the Final Results of 

These Reviews 

TSC requested that Commerce apply 

the final results of these reviews 

retroactively to the date of the Orders, 

i.e., August 20, 2021. Section 751(d)(3) 

of the Tariff Act of 1930, as amended 

(the Act) provides that ‘‘{a} 

determination under this section to 

revoke an order . . . shall apply with 

respect to unliquidated entries of the 

subject merchandise which are entered, 

or withdrawn from warehouse, for 

consumption on or after the date 

determined by the administering 

authority.’’ We note that substantially 

all of the domestic industry, which is in 

support of the partial revocation, also 

agrees with applying the partial 

revocation retroactive to the date of the 

Orders. Thus, because all parties are in 

agreement, and Commerce has no 

administrability concerns with the 

proposed effective date of the partial 

revocation being the date of the Orders, 

the final results of these CCRs are 

applicable, effective August 20, 2021. 

Instructions to CBP 

Because we determine that there are 

changed circumstances that warrant the 

revocation of the Orders, in part, we 

will instruct CBP to liquidate without 

regard to antidumping and 

countervailing duties, and to refund any 

estimated antidumping and 

countervailing duties on, all 

unliquidated entries of the merchandise 

covered by this partial revocation, 

effective the date of the Orders, August 

20, 2021. 

Commerce intends to issue 

instructions to CBP no earlier than 35 

days after the date of publication of 

these final results of CCRs in the 

Federal Register. If a timely summons is 

filed at the U.S. Court of International 

Trade, the 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). 

Administrative Protective Order 

This notice serves as a final 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). 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 sanctionable violation. 

Notification to Interested Parties 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i)(1) of the Act and 19 CFR 

351.216(b), 351.221(b), and 

351.221(c)(3). 

Dated: September 7, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I—List of Topics Discussed in 

the Issues and Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Discussion of the Issues 

Comment 1: Commerce Should Not 

Withdraw Protections Afforded to U.S. 

Gun Safe Manufacturers 

Comment 2: The Current and Proposed 

Scope Language Pertaining to Gun Safe 

Exclusions Should be Broadened 

V. Recommendation 

Appendix II—Revised Scope of the 

Orders 

The scope of the Orders covers certain 

metal lockers, with or without doors, and 

parts thereof (metal lockers). The subject 

metal lockers are secure metal storage 

devices less than 27 inches wide and less 

than 27 inches deep, whether floor standing, 

installed onto a base or wall-mounted. In a 

multiple locker assembly (whether a welded 

locker unit, otherwise assembled locker unit 

or knocked down unit or kit), the width 

measurement shall be based on the width of 

an individual locker not the overall unit 

dimensions. All measurements in this scope 

are based on actual measurements taken on 

the outside dimensions of the single-locker 

unit. The height is the vertical measurement 

from the bottom to the top of the unit. The 

width is the horizontal (side to side) 

measurement of the front of the unit, and the 

front of the unit is the face with the door or 

doors or the opening for internal access of the 

unit if configured without a door. The depth 

is the measurement from the front to the back 

of the unit. The subject certain metal lockers 

typically include the bodies (back, side, 

shelf, top and bottom panels), door frames 

with or without doors which can be 

integrated into the sides or made separately, 

and doors. 

The subject metal lockers typically are 

made of flat-rolled metal, metal mesh and/or 

expanded metal, which includes but is not 

limited to alloy or non-alloy steel (whether 

or not galvanized or otherwise metallically 

coated for corrosion resistance), stainless 

steel, or aluminum, but the doors may also 

include transparent polycarbonate, Plexiglas 

or similar transparent material or any 

combination thereof. Metal mesh refers to 

both wire mesh and expanded metal mesh. 

Wire mesh is a wire product in which the 

horizontal and transverse wires are welded at 

the cross-section in a grid pattern. Expanded 

metal mesh is made by slitting and stretching 

metal sheets to make a screen of diamond or 

other shaped openings. 

Where the product has doors, the doors are 

typically configured with or for a handle or 

other device or other means that permit the 

use of a mechanical or electronic lock or 

locking mechanism, including, but not 

limited to: A combination lock, a padlock, a 

key lock (including cylinder locks) lever or 

knob lock, electronic key pad, or other 

electronic or wireless lock. The handle and 

locking mechanism, if included, need not be 

integrated into one another. The subject 

locker may or may not also enter with the 

lock or locking device included or installed. 

The doors or body panels may also include 

vents (including wire mesh or expanded 

metal mesh vents) or perforations. The 

bodies, body components and doors are 

typically powder coated, otherwise painted 

or epoxy coated or may be unpainted. The 

subject merchandise includes metal lockers 

imported either as welded or otherwise 

assembled units (ready for installation or use) 

or as knocked down units or kits (requiring 

assembly prior to installation or use). 

The subject lockers may be shipped as 

individual or multiple locker units 

preassembled, welded, or combined into 

banks or tiers for ease of installation or as 

sets of component parts, bulk packed (i.e., all 

backs in one package, crate, rack, carton or 

container and sides in another package, crate, 

rack, carton or container) or any combination 

thereof. The knocked down lockers are 

shipped unassembled requiring a supplier, 

contractor or end-user to assemble the 

individual lockers and locker banks prior to 

installation. 

The scope also includes all parts and 

components of lockers made from flat-rolled 


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63066 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 

metal or expanded metal (e.g., doors, frames, 

shelves, tops, bottoms, backs, side panels, 

etc.) as well as accessories that are attached 

to the lockers when installed (including, but 

not limited to, slope tops, bases, expansion 

filler panels, dividers, recess trim, decorative 

end panels, and end caps) that may be 

imported together with lockers or other 

locker components or on their own. The 

particular accessories listed for illustrative 

purposes are defined as follows: 

a. Slope tops: Slope tops are slanted metal 

panels or units that fit on the tops of the 

lockers and that slope from back to front to 

prevent the accumulation of dust and debris 

on top of the locker and to discourage the use 

of the tops of lockers as storage areas. Slope 

tops come in various configurations 

including, but not limited to, unit slope tops 

(in place of flat tops), slope hoods made of 

a back, top and end pieces which fit over 

multiple units and convert flat tops to a 

sloping tops, and slope top kits that convert 

flat tops to sloping tops and include tops, 

backs and ends. 

b. Bases: Locker bases are panels made 

from flat-rolled metal that either conceal the 

legs of the locker unit, or for lockers without 

legs, provide a toe space in the front of the 

locker and conceal the flanges for floor 

anchoring. 

c. Expansion filler panel: Expansion filler 

panels or fillers are metal panels that attach 

to locker units to cover columns, pipes or 

other obstacles in a row of lockers or fill in 

gaps between the locker and the wall. Fillers 

may also include metal panels that are used 

on the sides or the top of the lockers to fill 

gaps. 

d. Dividers: Dividers are metal panels that 

divide the space within a locker unit into 

different storage areas. 

e. Recess trim: Recess trim is a narrow 

metal trim that bridges the gap between 

lockers and walls or soffits when lockers are 

recessed into a wall. 

f. Decorative end panels: End panels fit 

onto the exposed ends of locker units to 

cover holes, bolts, nuts, screws and other 

fasteners. They typically are painted to match 

the lockers. 

g. End caps: End caps fit onto the exposed 

ends of locker units to cover holes, bolts, 

nuts, screws and other fasteners. 

The scope also includes all hardware for 

assembly and installation of the lockers and 

locker banks that are imported with or 

shipped, invoiced, or sold with the imported 

locker or locker system except the lock. 

Excluded from the scope are wire mesh 

lockers. Wire mesh lockers are those with 

each of the following characteristics: 

(1) At least three sides, including the door, 

made from wire mesh; 

(2) the width and depth each exceed 25 

inches; and 

(3) the height exceeds 90 inches. 

Also excluded are lockers with bodies 

made entirely of plastic, wood, or any 

nonmetallic material. 

Also excluded are exchange lockers with 

multiple individual locking doors mounted 

on one master locking door to access 

multiple units. Excluded exchange lockers 

have multiple individual storage spaces, 

typically arranged in tiers, with access doors 

for each of the multiple individual storage 

space mounted on a single frame that can be 

swung open to allow access to all of the 

individual storage spaces at once. For 

example, uniform or garment exchange 

lockers are designed for the distinct function 

of securely and hygienically exchanging 

clean and soiled uniforms. Thus, excluded 

exchange lockers are a multi-access point 

locker whereas covered lockers are a single 

access point locker for personal storage. The 

excluded exchange lockers include 

assembled exchange lockers and those that 

enter in ‘knock down’ form in which all of 

the parts and components to assemble a 

completed exchange locker unit are packaged 

together. Parts for exchange lockers that are 

imported separately from the exchange 

lockers in ‘knock down’ form are not 

excluded. 

Also excluded are metal lockers that are 

imported with an installed electronic, 

internet-enabled locking device that permits 

communication or connection between the 

locker’s locking device and other internet 

connected devices. 

Also excluded are locks and hardware and 

accessories for assembly and installation of 

the lockers, locker banks and storage systems 

that are separately imported in bulk and are 

not incorporated into a locker, locker system 

or knocked down kit at the time of 

importation. Such excluded hardware and 

accessories include but are not limited to 

locks and bulk imported rivets, nuts, bolts, 

hinges, door handles, door/frame latching 

components, and coat hooks. Accessories of 

sheet metal, including but not limited to end 

panels, bases, dividers and sloping tops, are 

not excluded accessories. 

Mobile tool chest attachments that meet 

the physical description above are covered by 

the scope of the Orders, unless such 

attachments are covered by the scope of the 

Orders on certain tool chests and cabinets 

from China. If the Orders on certain tool 

chests and cabinets from China are revoked, 

the mobile tool chest attachments from China 

will be covered by the scope of the Orders. 

The scope also excludes metal safes with 

each of the following characteristics: (1) Pry 

resistant, concealed hinges; (2) body walls 

and doors of steel that are at least 17 gauge 

(0.05625 inch or 1.42874 mm thick); and (3) 

an integrated locking mechanism that 

includes at least two round steel bolts 0.75 

inch (19 mm) or larger in diameter; or three 

bolts 0.70 inch (17.78 mm) or more in 

diameter; or four or more bolts at least 0.60 

inch (15.24 mm) or more in diameter, that 

project from the door into the body or frame 

of the safe when in the locked position. 

The scope also excludes gun safes meeting 

each of the following requirements: 

(1) Shall be able to fully contain firearms 

and provide for their secure storage. 

(2) Shall have a locking system consisting 

of at minimum a mechanical or electronic 

combination lock. The mechanical or 

electronic combination lock utilized by the 

safe shall have at least 10,000 possible 

combinations consisting of a minimum three 

numbers, letters, or symbols. The lock shall 

be protected by a casehardened (Rc 60+) 

drill-resistant steel plate, or drill-resistant 

material of equivalent strength. 

(3) Boltwork shall consist of a minimum of 

three steel locking bolts of at least 1⁄2 inch 

thickness that intrude from the door of the 

safe into the body of the safe or from the 

body of the safe into the door of the safe, 

which are operated by a separate handle and 

secured by the lock. 

(4) The exterior walls shall be constructed 

of a minimum 12-gauge thick steel for a 

single-walled safe, or the sum of the steel 

walls shall add up to at least 0.100 inches for 

safes with walls made from two pieces of flatrolled steel. 

(5) Doors shall be constructed of a 

minimum one layer of 7-gauge steel plate 

reinforced construction or at least two layers 

of a minimum 12-gauge steel compound 

construction. 

(6) Door hinges shall be protected to 

prevent the removal of the door. Protective 

features include, but are not limited to: 

Hinges not exposed to the outside, 

interlocking door designs, dead bars, 

jeweler’s lugs and active or inactive locking 

bolts. 

The scope also excludes gun safes meeting 

each of the following requirements: 

(1) Shall be able to fully contain firearms 

and provide for their secure storage. 

(2) Shall have a locking system consisting 

of at minimum a mechanical or electronic 

combination lock with a lock body that is 

integrated into the door of the safe. The 

mechanical or electronic combination lock 

utilized by the safe shall have at least 10,000 

possible combinations consisting of a 

minimum three numbers, letters, or symbols. 

(3) Bolt work shall consist of a minimum 

of three steel locking bolts of at least 1/2-inch 

diameter that intrude from the door of the 

safe into the body of the safe or from the 

body of the safe into the door of the safe, 

which are operated by a separate handle and 

secured by the lock. 

(4) The exterior walls (inclusive of the floor 

and top) shall be constructed of a minimum 

14-gauge thick steel and shall be lined with 

one or more layers of fire-retardant gypsum 

board bonded, affixed with brackets or 

otherwise securely attached to the exterior 

walls. The fire retardant gypsum board shall 

be at least 15 mm in thickness for a single 

layer or shall sum to at least 19 mm in 

thickness where multiple layers are 

combined together. 

(5) Doors shall be constructed of a 

minimum of one layer of 14-gauge steel lined 

with a minimum of one layer of 15 mm thick, 

fire-retardant gypsum board bonded, affixed 

with brackets or otherwise securely attached 

to the door. The doors shall fit into jambs 

equipped with a fire seal fitted completely 

around the door frame consisting of a 

hydrated sodium silicate encapsulated in a 

plastic film or sleeve that, when heatactivated by temperatures of over 210 

degrees, expands to cover the space between 

the jambs and door, providing a barrier to 

prevent the intrusion of flames, gas, or smoke 

into the safe. 

(6) Door hinges shall be protected to 

prevent the removal of the door. Protective 

features include but are not limited to: hinges 

not exposed to the outside, interlocking door 

designs, dead bars, jeweler’s lugs and active 

or inactive locking bolts. 


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Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 63067 

(7) The excluded safe must be imported in 

the fully assembled condition. 

The scope also excludes metal storage 

devices that (1) have two or more exterior 

exposed drawers regardless of the height of 

the unit, or (2) are no more than 30 inches 

tall and have at least one exterior exposed 

drawer. 

Also excluded from the scope are free 

standing metal cabinets less than 30 inches 

tall with a single opening, single door and an 

installed tabletop. 

The scope also excludes metal storage 

devices less than 27 inches wide and deep 

that: (1) Have two doors hinged on the right 

and left side of the door frame respectively 

covering a single opening and that open from 

the middle toward the outer frame; or (2) are 

free standing or wall-mounted, singleopening units 20 inches or less high with a 

single door. 

The subject certain metal lockers are 

classified under Harmonized Tariff Schedule 

of the United States (HTSUS) subheading 

9403.20.0078. Parts of subject certain metal 

lockers are classified under HTS subheading 

9403.90.8041. In addition, subject certain 

metal lockers may also enter under HTS 

subheading 9403.20.0050. While HTSUS 

subheadings are provided for convenience 

and Customs purposes, the written 

description of the scope of the Orders is 

dispositive. 

[FR Doc. 2023–19897 Filed 9–13–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD199] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Ferry Berth 

Construction in Tongass Narrows in 

Ketchikan, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; Issuance of an 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 an incidental 

harassment authorization (IHA) to the 

Alaska Department of Transportation 

and Public Facilities (ADOT&PF) to 

incidentally harass marine mammals 

during construction activities associated 

with ferry berth construction in Tongass 

Narrows in Ketchikan, Alaska. 

DATES: This authorization is effective 

from September 11, 2023 to September 

10, 2024. 

ADDRESSES: Electronic copies of the 

application 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/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed below. 

FOR FURTHER INFORMATION CONTACT: Kate 

Fleming, 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 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

is 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 in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

The definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

Summary of Request 

On January 24, 2023, NMFS received 

a request from ADOT&PF for an IHA to 

take marine mammals incidental to the 

construction of and improvements to 

four (initially five—see explanation 

below) ferry berths in Tongass Narrows 

in Ketchikan, Alaska. On February 23, 

2023, ADOT&PF submitted a memo 

proposing additional construction 

activities at this project site, which was 

later retracted on March 21, 2023. 

Following NMFS’ review of the 

application and discussions between 

NMFS and ADOT&PF, on May 2, 2023, 

ADOT&PF asked NMFS to halt 

processing of the IHA until it submitted 

an acoustic monitoring report associated 

with previous work at the project site. 

ADOT&PF submitted the report on May 

24, 2023. NMFS reviewed and accepted 

the results in the report, and the 

application was deemed adequate and 

complete on June 27, 2023. ADOT&PF’s 

request is for take of 11 species of 

marine mammals, by Level B 

harassment and, for Steller sea lion 

(Eumetopias jubatus), harbor seal 

(Phoca vitulina), northern elephant seal 

(Mirounga angustirostris), harbor 

porpoise (Phocoena phocoena), and 

Dall’s porpoise (Phocoenoides dalli), 

Level A harassment. Neither ADOT&PF 

nor NMFS expect serious injury or 

mortality to result from this activity 

and, therefore, an IHA is appropriate. 

NMFS previously issued two 

consecutive IHAs to ADOT&PF for this 

work (85 FR 673, January 7, 2020), 

which covered construction at the 

following six sites: Revilla New Ferry 

Berth and Upland Improvements 

(Revilla New Berth), New Gravina 

Island Shuttle Ferry Berth/Related 

Terminal Improvements (Gravina New 

Berth), Gravina Airport Ferry Layup 

Facility, Gravina Freight Facility, 

Revilla Refurbish Existing Ferry Berth 

Facility, and Gravina Refurbish Existing 

Ferry Berth Facility (Figure 1). Due to 

various project delays (and two minor 

changes to the phase 1 IHA activities), 

the phase 1 IHA was renewed (86 FR 

23938, May 05, 2021) and the phase 2 

IHA was reissued (87 FR 12117, March 

3, 2022). Upon the expiration of the 

phase 1 renewal, because a subset of 

work had still not been completed, 

ADOT&PF requested, and NMFS issued, 

a new IHA (87 FR 15387, March 18, 

2022) which was renewed upon its 

expiration (88 FR 13802, March 6, 

2023). The reissued phase 2 IHA 

expired on February 28, 2023. While the 

current renewal IHA (88 FR 13802, 

March 6, 2023) does not expire until 

March 5, 2024, ADOT&PF proposed 

new project components that warrant a 

new IHA, and a subset of activities 

covered under the reissued phase 2 IHA 

remain incomplete. As such, ADOT&PF 

requested a new IHA to authorize take 

of marine mammals associated with all 

remaining work at the Tongass Narrows 

sites. Work at the Gravina Airport Ferry 

Layup Facility was completed prior to 

the application for this new IHA. Since 

the submission of ADOT&PF’s 2023 IHA 


lotter on DSK11XQN23PROD with NOTICES1