40792 Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Notices 

12See Order. 

13See 19 CFR 351.224(b). 

14See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 

15See 19 CFR 351.309(c)(2) and (d)(2). 

16See generally 19 CFR 351.303. 

17See 19 CFR 351.303(f). 

18See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

1See Initiation of Antidumping and 

Countervailing Duty Reviews, 86 FR 41821 (August 

3, 2021) (Initiation Notice). 2See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the 2020–2021 

Antidumping Duty Administrative Review of 

Tapered Roller Bearings and Parts Thereof, 

Finished and Unfinished, from the People’s 

Republic of China,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

published for the most recentlycompleted segment of this proceeding in 

which they were reviewed; (3) if the 

exporter is not a firm covered in this 

review or the original investigation but 

the producer is, then the cash deposit 

rate will be the rate established for the 

most recently completed segment of this 

proceeding for the producer of the 

merchandise; (4) the cash deposit rate 

for all other producers or exporters will 

continue to be 47.87 percent,12 the allothers rate established in the LTFV 

investigation. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed to parties within five days 

after public announcement of the 

preliminary results.13 Pursuant to 19 

CFR 351.309(c), interested parties may 

submit case briefs no later than 30 days 

after the date of publication of this 

notice. Rebuttal briefs, limited to issues 

raised in the case briefs, may be filed 

not later than seven days after the date 

for filing case briefs.14 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.15 Executive 

summaries should be limited to five 

pages total, including footnotes. Case 

and rebuttal briefs should be filed using 

ACCESS 16 and must be served on 

interested parties.17 Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.18

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. An electronically-filed 

document must be received successfully 

in its entirety by Commerce’s electronic 

records system, ACCESS, by 5:00 p.m. 

Eastern Time within 30 days after the 

date of publication of this notice. 

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. Issues 

raised in the hearing will be limited to 

those raised in the respective case and 

rebuttal briefs. If a request for a hearing 

is made, Commerce intends to hold the 

hearing at a time and date to be 

determined. 

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

including the results of its analysis of 

the issues raised in any written briefs, 

not later than 120 days after the date of 

publication of this notice, pursuant to 

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

CFR 351.213(h)(1). 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of doubled 

antidumping duties. 

Notification to Interested Parties 

This administrative review and notice 

are issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) 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. Preliminary Determination of No 

Shipments 

V. Discussion of the Methodology 

VI. Currency Conversion 

VII. Recommendation 

[FR Doc. 2022–14568 Filed 7–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–601] 

Tapered Roller Bearings and Parts 

Thereof, Finished and Unfinished, 

From the People’s Republic of China: 

Preliminary Results and Partial 

Rescission of Antidumping Duty 

Administrative Review; 2020–2021 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that Shanghai Tainai 

Bearing Co., Ltd. (Tainai) has made sales 

of tapered roller bearings and parts 

thereof, finished and unfinished, (TRBs) 

from the People’s Republic of China 

(China) at less than normal value (NV) 

during the period of review (POR), June 

1, 2020, through May 31, 2021. The 

administrative review covers 11 

companies; however, based on timely 

withdrawal of requests for review, we 

are now rescinding this administrative 

review with respect to two of these 

companies. Additionally, we find that 

Tainai and Zhejiang Jingli Bearing 

Technology Co., Ltd. (Jingli) have each 

demonstrated that they are eligible for a 

separate rate. Interested parties are 

invited to comment on these 

preliminary results. 

DATES: Applicable July 8, 2022. 

FOR FURTHER INFORMATION CONTACT: Alex 

Wood, AD/CVD Operations, Office II, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1959. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 3, 2021, Commerce 

published a notice of initiation of an 

administrative review of the 

antidumping duty (AD) order on TRBs 

from China covering the period June 1, 

2020, through May 31, 2021, with 

respect to 11 companies.1

For a complete description of the 

events that followed the initiation of 

this administrative review, see the 

Preliminary Decision Memorandum.2 A 


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3See Preliminary Decision Memorandum at 

‘‘Discussion of the Methodology.’’ 

4See Tapered Roller Bearings and Parts Thereof, 

Finished and Unfinished, from the People’s 

Republic of China: Final Results of Antidumping 

Duty Administrative Review, 74 FR 3987, 3988–89 

(January 22, 2009) (TRBs from China 2009). 

5See 19 CFR 351.309(c)(1)(ii). 

6See 19 CFR 351.309(d); see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19, 85 FR 17006 (March 26, 2020); and 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020) 

(collectively, Temporary Modifications). 

7See 19 CFR 351.309(c)(2). 

list of topics discussed in the 

Preliminary Decision Memorandum is 

included in the appendix to this notice. 

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. 

Partial Rescission 

Pursuant to 19 CFR 351.213(d)(1), 

Commerce will rescind an 

administrative review, in whole or in 

part, if all parties who requested the 

review withdraw their requests within 

90 days of the date of publication of 

notice of initiation of the requested 

review. Changshan Peer Bearing Co., 

Ltd. (CPZ) and GGB Bearing Technology 

(Suzhou) Co., Ltd. (GGB) timely 

withdrew their requests for an 

administrative review. No other party 

requested a review of these companies. 

Accordingly, we are rescinding this 

review, in part, with respect to CPZ and 

GGB, pursuant to 19 CFR 351.213(d)(1). 

Scope of the Order 

Imports covered by the Order are 

shipments of tapered roller bearings and 

parts thereof, finished and unfinished, 

from China; flange, take up cartridge, 

and hanger units incorporating tapered 

roller bearings; and tapered roller 

housings (except pillow blocks) 

incorporating tapered rollers, with or 

without spindles, whether or not for 

automotive use. These products are 

currently classifiable under Harmonized 

Tariff Schedule of the United States 

(HTSUS) subheadings 8482.20.00, 

8482.91.00.50, 8482.99.15, 8482.99.45, 

8483.20.40, 8483.20.80, 8483.30.80, 

8483.90.20, 8483.90.30, 8483.90.80, 

8708.70.6060, 8708.99.2300, 

8708.99.4850, 8708.99.6890, 

8708.99.8115, and 8708.99.8180. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of the Order is dispositive. 

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(1)(B) 

of the Tariff Act of 1930, as amended 

(the Act). For a full description of the 

methodology underlying our 

preliminary results, see the Preliminary 

Decision Memorandum.3

China-Wide Entity 

C&U Group Shanghai Bearing Co., 

Ltd. (C&U Group); Hangzhou C&U 

Automotive Bearing Co., Ltd. (C&U 

Automotive); Hangzhou C&U Metallurgy 

Bearing Co., Ltd. (C&U Metallurgy); 

Hebei Xintai Bearing Forging Co., Ltd. 

(Hebei Xintai); Huangshi C&U Bearing 

Co., Ltd. (Huangshi C&U); Sichuan C&U 

Bearing Co., Ltd. (Sichuan C&U); and 

Xinchang Newsun Xintianlong 

Precision Bearing Manufacturing Co., 

Ltd. (XTL) did not submit separate rate 

applications or recertify their eligibility 

for a separate rate; therefore, each 

company has failed to establish their 

eligibility for a separate rate as a result 

of this administrative review. Commerce 

preliminarily determines that these 

companies are not eligible for a separate 

rate and are a part of the China-wide 

entity. 

Under Commerce’s current policy 

regarding the conditional review of the 

China-wide entity, the China-wide 

entity will not be under review unless 

a party specifically requests, or 

Commerce self-initiates, a review of the 

China-wide entity. Because no party 

requested a review of the China-wide 

entity in this review, the China-wide 

entity is not under review, and the 

weighted-average dumping margin 

determined for the China-wide entity 

rate is therefore not subject to change 

and continues to be 92.84 percent.4

Rate for Non-Examined Companies 

That Are Eligible for a Separate Rate 

Commerce calculated an individual 

weighted-average dumping margin for 

Tainai, the only company individually 

examined in this administrative review. 

Because the only individually 

calculated weighted-average dumping 

margin is not zero, de minimis, or based 

entirely on facts otherwise available, the 

weighted-average dumping margin 

calculated for Tainai is the basis to 

determine the weighted-average 

dumping margin for the separate rate, 

non-examined companies, consistent 

with section 735(c)(5)(A) of the Act, 

which provides for the determination of 

the estimated weighted-average 

dumping margin for all other producers 

and exporters in an investigation. 

As indicated in the ‘‘Preliminary 

Results of Review’’ section below, we 

preliminarily determine that a 

weighted-average dumping margin of 

36.03 percent applies to Jingli, the only 

company not selected for individual 

examination that is eligible for a 

separate rate. For further information, 

see the Preliminary Decision 

Memorandum at ‘‘Weighted-Average 

Dumping Margin for the Separate Rate 

Companies.’’ 

Preliminary Results of Review 

Commerce preliminarily determines 

that the following weighted-average 

dumping margins exist for the period 

June 1, 2020, through May 31, 2021: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Shanghai Tainai Bearing Co., 

Ltd ........................................... 36.03 

Zhejiang Jingli Bearing Technology Co., Ltd ........................ 36.03 

Disclosure 

Commerce will disclose calculations 

performed for these preliminary results 

to the representatives of interested 

parties that have access to business 

proprietary information under the 

Administrative Protective Order within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance. Interested parties may 

submit case briefs no later than 30 days 

after the date of publication of these 

preliminary results.5 Rebuttals to case 

briefs may be filed no later than seven 

days after case briefs are filed, and all 

rebuttal briefs must be limited to 

comments raised in the case briefs.6

Parties who submit comments are 

requested to submit with the argument: 

(1) a statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities.7

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 


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8See 19 CFR 351.310(d). 

9See Temporary Modifications. 

10See section 751(a)(3)(A) of the Act; see also 19 

CFR 351.213(h). 

11See Tainai’s Letter, ‘‘Response to Questionnaire 

issued in Lieu of Verification; Part 1,’’ dated June 

13, 2022; and Tainai’s Letter, ‘‘Response to 

Questionnaire issued in Lieu of Verification; Part 

2,’’ dated June 15, 2022. 

12See 19 CFR 351.212(b)(1). 

13See Antidumping Proceedings: Calculation of 

the Weighted Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012) (Final Modification). 

14See 19 CFR 351.212(b)(1). 

15 Id. 

16See Final Modification, 77 FR at 8103. 

17See TRBs from China 2009. 

18For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

19See Tapered Roller Bearings and Parts Thereof, 

Finished and Unfinished, From the People’s 

Republic of China: Final Results of Antidumping 

Duty Administrative Review, 74 FR 3987 (January 

22, 2009). 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

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.8

All submissions must be filed 

electronically using ACCESS. An 

electronically filed document must be 

received successfully in its entirety by 

5:00 p.m. Eastern Time on the 

established due date. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.9

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of its 

analysis of all issues raised in the case 

briefs, within 120 days after the date of 

these preliminary results, pursuant to 

section 751(a)(3)(A) of the Act.10

Verification 

As provided in section 782(i)(3) of the 

Act, Commerce verified the information 

relied upon in making its preliminary 

results with respect to Tainai.11

Normally, Commerce verifies 

information using standard procedures, 

including an on-site examination of 

original accounting, financial, and sales 

documentation. However, due to travel 

restrictions in response to the global 

COVID–19 pandemic, Commerce was 

unable to conduct on-site verification in 

this review. Accordingly, we issued a 

questionnaire in lieu of on-site 

verification. We intend to rely on 

Tainai’s response to our verification 

questionnaire for the final results. 

Assessment Rates 

Upon issuance of the final results of 

the administrative review, Commerce 

will determine, and U.S. Customs and 

Border Protection (CBP) shall assess, 

antidumping duties on all appropriate 

entries covered by this review.12

Commerce intends to issue assessment 

instructions to CBP no earlier than 35 

days after 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). 

For each individually examined 

respondent in this review whose 

weighted-average dumping margin in 

the final results of review is not zero or 

de minimis (i.e., less than 0.5 percent), 

Commerce intends to calculate 

importer-specific assessment rates for 

antidumping duties, in accordance with 

19 CFR 351.212(b)(1).13 Where the 

respondent reported reliable entered 

values, Commerce intends to calculate 

importer-specific ad valorem 

assessment rates by aggregating the 

amount of dumping calculated for all 

U.S. sales to the importer and dividing 

this amount by the total entered value 

of the merchandise sold to the 

importer.14 Where the respondent did 

not report entered values, Commerce 

will calculate importer-specific 

assessment rates by dividing the amount 

of dumping for reviewed sales to the 

importer by the total quantity of those 

sales. Commerce will calculate an 

estimated ad valorem importer-specific 

assessment rate to determine whether 

the per-unit assessment rate is de 

minimis; however, Commerce will use 

the per-unit assessment rate where 

entered values were not reported.15

Where an importer-specific ad valorem 

assessment rate is not zero or de 

minimis, Commerce will instruct CBP to 

collect the appropriate duties at the time 

of liquidation. Where either the 

respondent’s weighted average dumping 

margin is zero or de minimis, or an 

importer-specific ad valorem 

assessment rate is zero or de minimis, 

Commerce will instruct CBP to liquidate 

appropriate entries without regard to 

antidumping duties.16 Commerce’s 

‘‘automatic assessment’’ practice will 

apply to entries of subject merchandise 

during the POR produced by Tainai for 

which it 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 China-wide rate 17 if there 

is no rate for the intermediate 

company(ies) involved in the 

transaction.18

For the final results, if we continue to 

treat the C&U Group; C&U Automotive; 

C&U Metallurgy; Hebei Xintai; Huangshi 

C&U; Sichuan C&U; and XTL as part of 

China-wide entity, we will instruct CBP 

to apply an ad valorem assessment rate 

of 92.84 percent, the weighted-average 

dumping margin previously established 

for the China-wide entity,19 to all entries 

of subject merchandise during the POR 

that were exported by these companies. 

For Jingli, the company that is 

receiving a separate rate and was not 

individually examined, its assessment 

rate will be equal to the weightedaverage dumping margin determined in 

the final results of this review. 

For CPZ and GGB, the companies for 

which the administrative review is 

rescinded, antidumping duties shall be 

assessed at a rate equal to the cash 

deposit of estimated antidumping duties 

required at the time of entry, or 

withdrawal from warehouse, for 

consumption, in accordance with 19 

CFR 351.212(c)(1)(i). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided for by section 

751(a)(2)(C) of the Act: (1) for the 

exporters listed above that have a 

separate rate, the cash deposit rate will 

be equal to the weighted-average 

dumping margin established in the final 

results of this review (except, if the rate 

is zero or de minimis, then a cash 

deposit rate of zero will be established 

for that company); (2) for previously 

investigated or reviewed Chinese and 

non-Chinese exporters not listed above 

that are currently eligible for a separate 

rate, the cash deposit rate will continue 

to be equal to the exporter-specific 

weighted-average dumping margin 

published for the most recently 


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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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