35178 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

15See Certification of Factual Information To 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also the frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

16See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19, 85 FR 

41363 (July 10, 2020). 

17See section 782(b) of the Act; see also Final 

Rule; and the frequently asked questions regarding 

the Final Rule, available at https://enforcement.

trade.gov/tlei/notices/factual_info_final_rule_FAQ_

07172013.pdf. 18See 19 CFR 351.302. 

included in this notice of initiation. 

Parties wishing to participate in any of 

these administrative reviews should 

ensure that they meet the requirements 

of these procedures (e.g., the filing of 

separate letters of appearance as 

discussed at 19 CFR 351.103(d)). 

Factual Information Requirements 

Commerce’s regulations identify five 

categories of factual information in 19 

CFR 351.102(b)(21), which are 

summarized as follows: (i) evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). These regulations 

require any party, when submitting 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct. The 

regulations, at 19 CFR 351.301, also 

provide specific time limits for such 

factual submissions based on the type of 

factual information being submitted. 

Please review the Final Rule,15 available 

at www.govinfo.gov/content/pkg/FR2013-07-17/pdf/2013-17045.pdf, prior to 

submitting factual information in this 

segment. Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.16

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information 

using the formats provided at the end of 

the Final Rule.17 Commerce intends to 

reject factual submissions in any 

proceeding segments if the submitting 

party does not comply with applicable 

certification requirements. 

Extension of Time Limits Regulation 

Parties may request an extension of 

time limits before a time limit 

established under Part 351 expires, or as 

otherwise specified by Commerce.18 In 

general, an extension request will be 

considered untimely if it is filed after 

the time limit established under Part 

351 expires. For submissions which are 

due from multiple parties 

simultaneously, an extension request 

will be considered untimely if it is filed 

after 10:00 a.m. on the due date. 

Examples include, but are not limited 

to: (1) case and rebuttal briefs, filed 

pursuant to 19 CFR 351.309; (2) factual 

information to value factors under 19 

CFR 351.408(c), or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2), filed pursuant to 19 CFR 

351.301(c)(3) and rebuttal, clarification 

and correction filed pursuant to 19 CFR 

351.301(c)(3)(iv); (3) comments 

concerning the selection of a surrogate 

country and surrogate values and 

rebuttal; (4) comments concerning CBP 

data; and (5) Q&V questionnaires. Under 

certain circumstances, Commerce may 

elect to specify a different time limit by 

which extension requests will be 

considered untimely for submissions 

which are due from multiple parties 

simultaneously. In such a case, 

Commerce will inform parties in the 

letter or memorandum setting forth the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. This policy also 

requires that an extension request must 

be made in a separate, stand-alone 

submission, and clarifies the 

circumstances under which Commerce 

will grant untimely-filed requests for the 

extension of time limits. Please review 

the Final Rule, available at https://

www.gpo.gov/fdsys/pkg/FR-2013-09-20/ 

html/2013-22853.htm, prior to 

submitting factual information in these 

segments. 

These initiations and this notice are 

in accordance with section 751(a) of the 

Act (19 U.S.C. 1675(a)) and 19 CFR 

351.221(c)(1)(i). 

Dated: June 6, 2022. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2022–12470 Filed 6–8–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB888] 

Endangered and Threatened Species; 

Notice of Availability of an Interim 

Report on Post-Delisting Monitoring of 

Nine Distinct Population Segments of 

Humpback Whales and Notice of Intent 

To Prepare a Recovery Plan for the 

Central America, Mexico, and Western 

North Pacific Distinct Population 

Segments of Humpback Whales 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for information. 

SUMMARY: NMFS is announcing the 

availability of an interim report for the 

post-delisting monitoring of nine 

distinct population segments (DPSs) of 

humpback whales (Megaptera 

novaeangliae). NMFS is also 

announcing its intent to prepare a 

recovery plan for three DPSs of 

humpback whales and requests 

information from the public. The 

Endangered Species Act (ESA) requires 

NMFS to develop a system to monitor 

the status of all species that have been 

recovered and removed from the lists of 

threatened and endangered species. The 

available interim report references the 

post-delisting monitoring plan that was 

developed for the nine humpback whale 

DPSs that are not listed as threatened or 

endangered. This interim report 

consolidates and evaluates available 

monitoring data from several-year 

intervals to summarize the best 

available information regarding the 

status of the nine non-listed humpback 

whale DPSs. The ESA also generally 

requires NMFS to develop plans for the 

conservation and survival of federally 

listed species, i.e., recovery plans. The 

current species-wide recovery plan 

originally prepared in 1991 will be 

replaced by a new recovery plan 

specific to the endangered Western 

North Pacific DPS, the endangered 

Central America DPS, and the 

threatened Mexico DPS of humpback 

whales. We request submission of any 

information on these DPSs of humpback 

whales, particularly information on the 

status, threats, and recovery of the DPSs 

that has become available since the 

listing status was revised in 2016 and 

was not considered as part of the critical 

habitat designation in 2021. 

DATES: To allow us adequate time to 

conduct this review, we must receive 


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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35179 

your information no later than July 11, 

2022. 

ADDRESSES: You may submit 

information on this document, 

identified by NOAA–NMFS–2022–0039, 

by the following method: 

• Electronic Submission: Submit 

electronic information via the Federal eRulemaking Portal. Go to 

www.regulations.gov and enter NOAA– 

NMFS–2022–0039 in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the specified period, might not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive or protected information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous submissions (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Caroline Good by phone at (301) 427– 

8445 or Caroline.Good@noaa.gov. 

SUPPLEMENTARY INFORMATION: In 2016, 

NMFS revised the listing status of the 

humpback whale under the ESA. The 

globally listed endangered species was 

divided into 14 DPSs, the species-level 

listing was removed, and NMFS listed 

four DPSs as endangered and one DPS 

as threatened (81 FR 62260, September 

8, 2016). Under section 4(g) of the ESA, 

and joint guidance from NMFS and U.S. 

Fish and Wildlife Service, NMFS is to 

monitor, for a minimum of five years, 

any species delisted due to its recovery 

(guidance is available at: https://

media.fisheries.noaa.gov/dammigration/final_pdm_guidance-fws_

and_nmfs-updated_7-2-18_508_

compliant.pdf). Although nine DPSs of 

humpback whales no longer qualified 

for listing and thus were technically not 

‘‘delisted’’, for the reasons explained in 

the ESA listing final rule, NMFS 

considered it appropriate to monitor the 

status of the populations that were no 

longer listed. 

As a result, in 2016, NMFS 

implemented a 10-year plan to carry out 

the required monitoring for nine DPSs 

of humpback whales: the Hawai’i, West 

Indies, Brazil, West Australia, East 

Australia, Southeastern Pacific, 

Oceania, Southeast Africa/Madagascar, 

and Gabon/Southwest Africa DPSs 

(available at https://www.fisheries.

noaa.gov/resource/document/ 

monitoring-plan-nine-distinctpopulation-segments-humpback-whalemegaptera). This notice announces the 

availability of an interim report, which 

provides an evaluation of available 

monitoring data from 2017 to 2021 and 

summarizes the best available 

information regarding the status of the 

nine non-listed humpback whale DPSs. 

The interim report is available online at 

https://www.fisheries.noaa.gov/species/ 

humpback-whale#conservationmanagement or upon request from the 

NMFS Office of Science and 

Technology. 

NMFS is required by section 4(f) of 

the ESA to develop and implement 

recovery plans for the conservation and 

survival of federally listed species 

unless the Secretary finds that such a 

plan will not promote the conservation 

of the species. Recovery means 

improvement in the status of listed 

species to the point at which the 

protections of the ESA are no longer 

necessary. Section 4(f)(1)(B) of the ESA 

specifies that recovery plans must 

include, to the maximum extent 

practicable: (i) a description of such 

site-specific management actions as may 

be necessary to achieve the plan’s goal 

for the conservation and survival of the 

species; (ii) objective, measurable 

criteria which when met, would result 

in a determination that the species be 

removed from the list; and (iii) estimates 

of the time required and the cost to 

carry out those measures needed to 

achieve the plan’s goal and to achieve 

intermediate steps toward that goal. 

NMFS previously determined that a 

recovery plan would not promote the 

conservation of the Arabian Sea and 

Cape Verde Islands/Northwest Africa 

DPSs (Memorandum for Chris Oliver, 

Assistant Administrator for Fisheries, 

from Donna Wieting, Director, Office of 

Protected Resources (Sep. 12, 2019) 

(regarding Cape Verde/Northwest Africa 

DPS); Memorandum for Chris Oliver, 

Assistant Administrator for Fisheries, 

from Donna Wieting, Director, Office of 

Protected Resources (Dec. 11, 2019) 

(regarding Arabian Sea DPS)). This 

notice announces our intent to replace 

the species-wide humpback whale 

recovery plan with a new plan specific 

to the endangered Western North Pacific 

DPS, the endangered Central America 

DPS, and the threatened Mexico DPS. In 

the interim, the recovery strategy for 

these DPSs will be guided by the 

existing species-wide plan and a new 

DPS-specific recovery outline under 

development. Critical habitat was 

designated for these DPSs in 2021 (86 

FR 21082, April 21, 2021). 

Background information on the 

species is available on the NMFS 

website at: https://www.fisheries.

noaa.gov/species/humpback-whale. 

Public Solicitation of New Information 

Section 4(f)(4) of the ESA requires 

that public notice and an opportunity 

for public review and comment be 

provided prior to final approval of a 

new or revised recovery plan. Further, 

section 4(f)(5) mandates that all 

information presented during the public 

comment period is considered prior to 

implementing a new or revised recovery 

plan. To ensure that recovery plan 

development is complete and based on 

the best available scientific and 

commercial information, we are 

soliciting new information from the 

public, governmental agencies, Tribes, 

the scientific community, industry, 

environmental entities, and any other 

interested parties concerning the status 

of the Western North Pacific, Mexico, 

and Central America DPSs of humpback 

whale. Such information should 

address: (a) criteria for removing these 

whales from the lists of threatened and 

endangered species; (b) factors that are 

presently limiting, or threaten to limit, 

the survival of these humpback whales 

distinct population segments; (c) actions 

to address limiting factors and threats; 

(d) estimates of time and cost to 

implement recovery actions; and (e) 

research, monitoring, and evaluation 

needs. Upon completion, the draft 

recovery plan will be available for 

public review and comment through the 

publication of a Federal Register Notice. 

If you wish to provide information for 

review, you may submit your 

information and materials electronically 

(see ADDRESSES section). We request that 

all information be accompanied by 

supporting documentation such as 

maps, bibliographic references, or 

reprints of pertinent publications. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: June 3, 2022. 

Angela Somma, 

Division Chief, Endangered Species 

Conservation Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2022–12461 Filed 6–8–22; 8:45 am] 

BILLING CODE 3510–22–P 


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