40184 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 

1See Stainless Steel Sheet and Strip from the 

People’s Republic of China: Antidumping Duty 

Order, 82 FR 16160 (April 3, 2017) (Order). 

2See Initiation of Five-Year (Sunset) Review, 87 

FR 11416 (March 1, 2022). 

3See Domestic Interested Parties’ Letter, ‘‘FiveYear (‘‘Sunset’’) Review of the Antidumping Duty 

Order on Stainless Steel Sheet and Strip from 

China—Domestic Interested Parties’ Notice of Intent 

to Participate,’’ dated March 15, 2022. 

4 Id. at 2. 

5See Domestic Interested Parties’ Letter, ‘‘FiveYear (‘Sunset’) Review of Antidumping Duty Order 

on Stainless Steel from China: Domestic Industry 

Substantive Response to Notice of Initiation,’’ dated 

March 30, 2022. 

6See Commerce’s Letter, ‘‘Sunset Reviews 

Initiated on March 1, 2022,’’dated April 20, 2022. 

7See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of Expedited 

Sunset Review of Stainless Steel from the People’s 

Republic of China,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–5255. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 1, 2022, Commerce 

published the notice of initiation of the 

sunset review of the AD order on SSSS 

from China,1 pursuant to section 751(c) 

of the Tariff Act of 1930, as amended 

(the Act).2 On March 15, 2022, 

Commerce received a notice of intent to 

participate from the domestic interested 

parties within the deadline specified in 

19 CFR 351.218(d)(1)(i).3 The domestic 

interested parties claimed domestic 

interested party status under section 

771(9)(C) of the Act, as producers of the 

domestic like product in the United 

States.4 On March 30, 2022, the 

domestic interested parties submitted a 

timely substantive response within the 

30-day deadline specified in 19 CFR 

351.218(d)(3)(i).5 Commerce did not 

receive a substantive response from any 

other interested parties with respect to 

the Order covered by this sunset review, 

nor was a hearing requested. On April 

20, 2022, Commerce notified the U.S. 

International Trade Commission that it 

did not receive an adequate substantive 

response from respondent interested 

parties.6 As a result, pursuant to section 

751(c)(3)(B) of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), Commerce is 

conducting an expedited (120-day) 

sunset review of the Order. 

Scope of the Order 

The product covered by the Order is 

SSSS from China. For a full description 

of the scope, see the Issues and Decision 

Memorandum.7

Analysis of Comments Received 

All issues raised in this sunset review 

are addressed in the Issues and Decision 

Memorandum. A list of topics discussed 

in the Issues and Decision 

Memorandum is included as the 

appendix to this notice. 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. A complete version of 

the Issues and Decision Memorandum 

can be accessed directly at https://

access.trade.gov/public/FRNotices/ 

ListLayout.aspx. 

Final Results of Sunset Review 

Pursuant to sections 751(c) and 752(c) 

of the Act, Commerce determines that 

revocation of the Order would be likely 

to lead to continuation or recurrence of 

dumping, and that the magnitude of the 

dumping margins likely to prevail 

would be weighted-average dumping 

margins of up to 76.64 percent. 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a). Timely 

notification of the destruction of APO 

materials or conversion to judicial 

protective orders 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 

We are issuing and publishing these 

final results in accordance with sections 

751(c), 752(c), and 777(i)(1) of the Act, 

and 19 CFR 351.218(e)(1)(ii)(C)(2) and 

19 CFR 351.221(c)(5)(ii). 

Dated: June 29, 2022. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix—List of Topics Discussed in 

the Issues and Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. History of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margins Likely to 

Prevail 

VII. Final Results of Sunset Review 

VIII. Recommendation 

[FR Doc. 2022–14315 Filed 7–5–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC142] 

Taking of Marine Mammals Incidental 

to Specific Activities; Taking of Marine 

Mammals Incidental to Pile Driving and 

Removal Activities During the 

Metlakatla Seaplane Facility 

Refurbishment Project, Metlakatla, 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: NMFS has received a request 

from the Alaska Department of 

Transportation and Public Facilities 

(AKDOT&PF) for the re-issuance of a 

previously issued incidental harassment 

authorization (IHA) with the only 

change being effective dates. The initial 

IHA authorized take of eight species of 

marine mammals, by Level B 

harassment only, incidental to pile 

driving and removal activities and 

down-the-hole (DTH) drilling activities 

associated with maintenance 

improvements to the existing Metlakatla 

Seaplane Facility (MSF), Metlakatla, 

Alaska. The project has been delayed 

and none of the work covered in the 

initial IHA has been conducted. The 

initial IHA was effective from August 1, 

2021 through July 31, 2022. The 

AKDOT&PF has requested re-issuance 

with new effective dates of July 1, 2022 

through June 30, 2023. The scope of the 

activities and anticipated effects remain 

the same, authorized take numbers are 

not changed, and the required 

mitigation, monitoring, and reporting 

remains the same as included in the 

initial IHA. NMFS is, therefore, issuing 

a second identical IHA to cover the 

incidental take analyzed and authorized 

in the initial IHA. 

DATES: This authorization is effective 

from July 1, 2022 through June 30, 2023. 

ADDRESSES: An electronic copy of the 

final 2021 IHA previously issued to the 

AKDOT&PF, the AKDOT&PF’s 

application, and the Federal Register 

notices proposing and issuing the initial 

IHA may be obtained by visiting https:// 

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-alaskadepartment-transportation-metlakatlaVerDate Sep<11>2014 18:29 Jul 05, 2022 Jkt 256001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40185 

seaplane-facility. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Laws, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

Marine Mammal Protection Act (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, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

Summary of Request 

On August 6, 2021, NMFS published 

a final notice of our issuance of an IHA 

authorizing take of marine mammals 

incidental to the MSF project in 

Southeast Alaska (86 FR 43190). The 

effective dates of that IHA were August 

1, 2021 through July 31, 2022. On May 

4, 2022, the AKDOT&PF informed 

NMFS that the project was delayed. 

None of the work identified in the 

initial IHA (e.g., pile driving activities, 

DTH) has occurred. The AKDOT&PF 

submitted a request on May 4, 2022 that 

we reissue an identical IHA that would 

be effective from July 1, 2022 through 

June 30, 2023, in order to conduct the 

construction work that was analyzed 

and authorized through the previously 

issued IHA. Therefore, re-issuance of 

the IHA is appropriate. 

Summary of Specified Activity and 

Anticipated Impacts 

The planned activities (including 

mitigation, monitoring, and reporting), 

authorized incidental take, and 

anticipated impacts on the affected 

stocks are the same as those analyzed 

and authorized through the previously 

issued IHA. 

The purpose of this project is to make 

repairs to the MSF. The existing facility 

has deteriorated in recent years and 

AKDOT&PF has conducted several 

repair projects. The facility is near the 

end of its useful life, and replacement 

of all the existing float structures is 

required to continue safe operation in 

the future. Refurbishment of the MSF 

will require pile installation and 

removal using impact and vibratory 

driving methods, as well as DTH and is 

expected to take 26 days of in-water 

work. The location, timing, and nature 

of the activities, including the types of 

equipment planned for use, are identical 

to those described in the initial IHA. 

The mitigation and monitoring are also 

as prescribed in the initial IHA. 

Species that are expected to be taken 

by the planned activity include: Minke 

whale (Balaenoptera acutorostrata), 

Humpback whale (Megaptera 

novaeangliae), Killer whale (Orcinus 

orca), Pacific White-Sided Dolphin 

(Lagenorhynchus obliquidens), Dall’s 

porpoise (Phocoenoides dalli), Harbor 

porpoise (Phocoena phocoena), Steller 

Sea Lion (Eumetopias jubatus), and 

Harbor seal (Phoca vitulina). A 

description of the methods and inputs 

used to estimate take anticipated to 

occur and, ultimately, the take that was 

authorized is found in the previous 

documents referenced above. The data 

inputs and methods of estimating take 

are identical to those used in the initial 

IHA. NMFS has reviewed recent Stock 

Assessment Reports, information on 

relevant Unusual Mortality Events, and 

recent scientific literature, and 

determined that no new information 

affects our original analysis of impacts 

or take estimate under the initial IHA. 

We refer to the documents related to 

the previously issued IHA, which 

include the Federal Register notice of 

the issuance of the initial 2021 IHA for 

the AKDOT&PF’s construction work (86 

FR 43190), the AKDOT&PF’s 

application, the Federal Register notice 

of the proposed IHA (86 FR 34203), and 

all associated references and 

documents. 

Determinations 

The AKDOT&PF will conduct 

activities as analyzed in the initial 2021 

IHA. As described above, the number of 

authorized takes of the same species and 

stocks of marine mammals are identical 

to the numbers that were found to meet 

the negligible impact and small 

numbers standards and authorized 

under the initial IHA and no new 

information has emerged that would 

change those findings. The re-issued 

2022 IHA includes identical required 

mitigation, monitoring, and reporting 

measures as the initial IHA, and there is 

no new information suggesting that our 

analysis or findings should change. 

Based on the information contained 

here and in the referenced documents, 

NMFS has determined the following: (1) 

the required mitigation measures will 

effect the least practicable impact on 

marine mammal species or stocks and 

their habitat; (2) the authorized takes 

will have a negligible impact on the 

affected marine mammal species or 

stocks; (3) the authorized takes 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; and (4) the AKDOT&PF’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action with respect to 

environmental consequences on the 

human environment. 

Accordingly, NMFS has determined 

that the issuance of the IHA qualifies to 

be categorically excluded from further 

NEPA review. This action is consistent 

with categories of activities identified in 

CE B4 of the Companion Manual for 

NOAA Administrative Order 216–6A, 

which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 


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40186 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. 

Endangered Species Act (ESA) 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA: 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species, in 

this case with the Alaska Regional 

Office (AKRO). 

NMFS is authorizing take of Mexico 

DPS humpback whales which are listed 

under the ESA. The Permit and 

Conservation Division completed a 

Section 7 consultation with the AKRO 

for the issuance of this IHA and a 

biological opinion was issued on July 

23, 2021. The AKRO’s biological 

opinion states that the action is not 

likely to jeopardize the continued 

existence of Mexico DPS humpback 

whales. The July 23, 2021 biological 

opinion is still in effect. 

Authorization 

NMFS has issued an IHA to the 

AKDOT&PF for in-water construction 

activities associated with the specified 

activity from July 1, 2022 through June 

30, 2023. All previously described 

mitigation, monitoring, and reporting 

requirements from the initial 2021 IHA 

are incorporated. 

Dated: June 28, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–14191 Filed 7–5–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB760] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Geophysical 

Surveys in the Southeastern Gulf of 

Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization (IHA). 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an IHA to Scripps 

Institution of Oceanography (Scripps) to 

incidentally harass marine mammals 

during marine geophysical surveys in 

the southeastern Gulf of Mexico. 

DATES: This authorization is effective 

from June 29, 2022 through June 28, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Amy Fowler, Office of Protected 

Resources, NMFS, (301) 427–8401. 

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/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

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 

incidental harassment authorization 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 March 17, 2020, NMFS received a 

request from Scripps for an IHA to take 

marine mammals incidental to lowenergy geophysical surveys in the 

southeastern Gulf of Mexico, initially 

planned to occur in summer 2020. The 

application was deemed adequate and 

complete on May 26, 2020. On June 9, 

2020, Scripps notified NMFS that the 

proposed survey had been postponed 

and tentatively rescheduled for summer 

2021. On April 8, 2021, Scripps notified 

NMFS that the survey had been further 

postponed and is now expected to occur 

in July-August 2022. NMFS reviewed 

recent draft Stock Assessment Reports 

(SARs) and other scientific literature, 

and determined that neither this nor any 

other new information affects which 

species or stocks have the potential to 

be affected, the potential effects to 

marine mammals and their habitat as 

described in the IHA application, or any 

other aspect of the analysis. Therefore, 

NMFS determined that Scripps’ IHA 

application remained adequate and 

complete. Scripps’ request is for take of 

20 species of marine mammals by Level 

B harassment only. Neither Scripps nor 

NMFS expects serious injury or 

mortality to result from this activity 

and, therefore, an IHA is appropriate. 

Description of Activity 

Overview 

Scripps plans to support a research 

project that involves low-energy seismic 

surveys in the Gulf of Mexico during 

summer 2022. The study will be 

conducted on the R/V Justo Sierra, 

owned by Universidad Nacional 

Auto ́noma de Me ́xico (UNAM), using a 

portable multi-channel seismic (MCS) 

system operated by marine technicians 

from Scripps. The survey will use a pair 

of low-energy Generator-Injector (GI) 

airguns with a total discharge volume of 

90 cubic inches (in3). The surveys will 

take place within the Exclusive 

Economic Zones (EEZs) of Mexico and 

Cuba in the southeastern Gulf of 

Mexico. 

Dates and Duration 

The specific dates of the survey have 

not been determined but the cruise is 

expected to occur in July to August 

2022. The research cruise is expected to 

consist of 15 days at sea, including ∼12 

days of seismic operations (10 planned 

days and 2 contingency days) and ∼3 

days of transit. R/V Justo Sierra will 

depart from Tampamochaco, Mexico 


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