Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Notices 40795 

completed segment of this proceeding; 

(3) for all Chinese exporters of subject 

merchandise that have not been found 

to be entitled to a separate rate, the cash 

deposit rate will be the cash deposit rate 

established for the China-wide entity, 

92.84 percent; and (4) for all exporters 

of subject merchandise that are not 

located in China and that are not 

eligible for a separate rate, the cash 

deposit rate will be the rate applicable 

to the Chinese exporter(s) that supplied 

that non-Chinese exporter. 

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 

preliminary results of review in 

accordance with sections 751(a)(l), 

751(a)(2)(B), and 777(i)(l) of the Act, and 

19 CFR 351.221(b)(4). 

Dated: June 30, 2022. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix 

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 

[FR Doc. 2022–14563 Filed 7–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC143] 

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 of 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, 

notification is hereby given that a Letter 

of Authorization (LOA) has been reissued to W&T Offshore Inc. (W&T) for 

the take of marine mammals incidental 

to geophysical survey activity in the 

Gulf of Mexico. 

DATES: The Letter of Authorization is 

effective through August 1, 2022. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-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: Kim 

Corcoran, 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). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in Federal waters of the 

U.S. Gulf of Mexico (GOM) over the 

course of 5 years (86 FR 5322; January 

19, 2021). The rule was based on our 

findings that the total taking from the 

specified activities over the 5-year 

period will have a negligible impact on 

the affected species or stock(s) of marine 

mammals and will not have an 

unmitigable adverse impact on the 

availability of those species or stocks for 

subsistence uses. The rule became 

effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

NMFS issued an LOA to W&T and its 

designee, Echo Offshore, LLC (Echo), on 

November 19, 2021, for the take of 

marine mammals incidental to an 

archaeological and geohazards survey in 

the Eugene Island Area, Block EI389 and 

portions of Blocks EI385 and EI386, and 

in the Ewing Bank Area, in the E/2 

portion of Block EW979. Please see the 

Federal Register notice of issuance (86 

FR 67449; November 26, 2021) for 


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40796 Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Notices 

additional detail regarding the LOA and 

the survey activity. 

W&T initially anticipated that the 

activity would occur at some point 

between December 1, 2022, and July 1, 

2022. W&T subsequently conveyed to 

NMFS that as of June 24, 2022, the 

survey had not commenced but would 

be starting very soon. W&T has 

requested modification to the 

effectiveness end date of the LOA (from 

July 1 to August 1, 2022) to allow for 

additional time for complete their 

survey. There are no other changes to 

W&T’s planned activity. Since issuance 

of the LOA, no survey work has 

occurred. 

Authorization 

NMFS has changed the effectiveness 

end date of the LOA from July 1 to 

August 1, 2022. There are no other 

changes to the LOA as described in the 

November 11, 2021, Federal Register 

notice of issuance (86 FR 67449): the 

specified activity; estimated take by 

incidental harassment; and small 

numbers analysis and determination 

remain unchanged and are herein 

incorporated by reference. 

Dated: July 1, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–14508 Filed 7–7–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC057] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys off New 

Jersey by NextEra Energy 

Transmission MidAtlantic Holdings, 

LLC 

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 to NextEra 

Energy Transmission MidAtlantic 

Holdings, LLC (NEETMA) to 

incidentally harass marine mammals 

during site characterization surveys off 

New Jersey. 

DATES: This Authorization is effective 

from July 1, 2022 through June 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kelsey Potlock, 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 

(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 February 4, 2022, NMFS received 

a request from NEETMA for an IHA to 

take marine mammals incidental to 

marine site characterization surveys 

occurring in two locations (Northern 

and Southern survey areas) off the coast 

of New Jersey in the New Jersey 

Offshore Transmission Facilities Project 

(NJOTF or Project). The application was 

deemed adequate and complete on April 

1, 2022. NEETMA’s request was for take 

of a small number of 15 marine mammal 

species (consisting of 16 stocks) by 

Level B harassment only. Neither 

NEETMA nor NMFS expects serious 

injury or mortality to result from this 

activity and, therefore, an IHA is 

appropriate. 

NMFS considered all public 

comments received and determined that 

no changes to the final IHA were 

necessary. 

Description of Survey Activities 

Overview 

NEETMA proposes to conduct HRG 

and geotechnical surveys as part of the 

NJOTF off the coast of New Jersey. The 

surveys will take place along proposed 

submarine export cable routes and at 

locations for potential offshore 

platforms. Geotechnical survey 

activities will include the use of 

vibracores and/or cone penetration tests 

(CPTs), to identify and characterize the 

seabed conditions vertically for project 

planning and design, and to collect data 

to identify paleolandscapes. 

The purpose of these surveys are to 

support the siting and design of offshore 

facilities, including offshore platforms 

for converter stations and offshore 

submarine transmission cables. Up to 

320 days are planned for survey 

activities (Table 1). As many as three 

survey vessels may operate concurrently 

as part of the site characterization 

surveys. Underwater sound resulting 

from NEETMA’s survey activities, 

specifically HRG surveys, has the 

potential to result in incidental take of 

marine mammals in the form of 

behavioral harassment. 

TABLE 1—NUMBER OF SURVEY DAYS

THAT NEETMA PLANS TO PERFORM THE DESCRIBED HRG SURVEY

ACTIVITIES

Survey area 

Number of 

active 

survey days 

expected 1

Northern ................................ 248 

Southern ............................... 72 

Total: .............................. 320 

1 Up to three total survey vessels may be 

operating within the survey areas concurrently. 

Table 2 identifies the representative 

survey equipment with the expected 

potential to cause the take of marine 

mammals that may be used in support 


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