Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37849 

subheading 2804.61.0000) is excluded from 

the scope of this investigation. 

Silicon metal is currently classifiable 

under subheadings 2804.69.1000 and 

2804.69.5000 of the HTSUS. While HTSUS 

numbers are provided for convenience and 

customs purposes, the written description of 

the scope remains dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope Comments 

V. Respondent Selection 

VI. Injury Test 

VII. Use of Facts Otherwise Available and 

Adverse Inferences 

VIII. Calculation of the All-Others Rate 

IX. Conclusion 

[FR Doc. 2017–17112 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF604 

Permanent Advisory Committee To 

Advise the U.S. Commissioners to the 

Western and Central Pacific Fisheries 

Commission; Meeting Announcement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: NMFS announces a public 

meeting of the Permanent Advisory 

Committee (PAC) to advise the U.S. 

Commissioners to the Commission for 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC) on September 12, 2017. 

DATES: The meeting of the PAC will be 

held via conference call on September 

12, 2017, from 11 a.m. to 1 p.m. HST (or 

until business is concluded). Members 

of the public may submit written 

comments; comments must be received 

by September 7, 2017. 

ADDRESSES: The public meeting will be 

conducted via conference call. For 

details on how to call in to the 

conference line or to submit comments, 

please contact Emily Crigler, NMFS 

Pacific Islands Regional Office; 

telephone: 808–725–5036; email: 

emily.crigler@noaa.gov. Documents to 

be considered by the PAC will be sent 

out via email in advance of the 

conference call. Please submit contact 

information to Emily Crigler (telephone: 

808–725–5036; email: emily.crigler@

noaa.gov) at least 3 days in advance of 

the call to receive documents via email. 

FOR FURTHER INFORMATION CONTACT: 

Emily Crigler, NMFS Pacific Islands 

Regional Office; 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818; telephone: 

808–725–5036; facsimile: 808–725– 

5215; email: emily.crigler@noaa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Western and 

Central Pacific Fisheries Convention 

Implementation Act (16 U.S.C. 6901 et 

seq.), the Permanent Advisory 

Committee, or PAC, has been formed to 

advise the U.S. Commissioners to the 

WCPFC. Members of the PAC have been 

appointed by the Secretary of Commerce 

in consultation with the U.S. 

Commissioners to the WCPFC. The PAC 

supports the work of the U.S. National 

Section to the WCPFC in an advisory 

capacity. The U.S. National Section is 

made up of the U.S. Commissioners and 

the Department of State. NMFS Pacific 

Islands Regional Office provides 

administrative and technical support to 

the PAC in cooperation with the 

Department of State. More information 

on the WCPFC, established under the 

Convention on the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean, can be found on the 

WCPFC Web site: http://wcpfc.int/. 

Meeting Topics 

The purpose of the September 12, 

2017, conference call is to discuss 

outcomes of: The 2017 regular session of 

the WCPFC Scientific Committee 

(SC13), the 2017 regular session of the 

WCPFC Northern Committee (NC13), 

and the Intersessional Meeting to 

progress the draft Bridging CMM on 

Tropical Tuna. There will also be a 

discussion on topics relevant to the 

subsequent regular session of the 

Technical and Compliance Committee 

(TCC13). 

Special Accommodations 

The conference call is accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Emily Crigler at 808–725–5036 at least 

ten working days prior to the meeting. 

Authority: 16 U.S.C. 6902 et seq. 

Dated: August 9, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–17121 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF431 

Endangered Species; File No. 21516 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for public comments. 

SUMMARY: We, NMFS, have received an 

application from Virginia Electric and 

Power Company, D.B.A. Dominion 

Virginia Power (Dominion) for an 

incidental take permit, pursuant to the 

Endangered Species Act (ESA) of 1973, 

as amended, for activities associated 

with the otherwise lawful continued 

operation and maintenance of the 

Dominion Chesterfield Power Station 

(CPS) in Chesterfield, VA. We are 

considering issuing a 10-year permit to 

the applicant that would authorize take 

of ESA-listed Atlantic sturgeon 

(Acipenser oxyrinchus oxyrinchus) from 

the Chesapeake Bay Distinct Population 

Segment (DPS) incidental to otherwise 

lawful activities associated with the 

withdrawal of cooling water from the 

James River and entrainment and 

impingement sampling required by the 

Clean Water Act. Pursuant to the ESA 

and the National Environmental Policy 

Act (NEPA), we announce the 

availability of Dominion’s ITP 

application and draft habitat 

conservation plan (HCP), as well as our 

draft environmental assessment (EA), 

for public review and comment. We 

provide this notice to seek comments 

from the public and Federal, Tribal, 

State, and local governments. 

DATES: To allow for timely processing of 

the permit application, we must receive 

your comments no later than September 

13, 2017. 

ADDRESSES: The application is available 

for download and review at http://

www.nmfs.noaa.gov/pr/permits/esa_

review.htm under the section heading 

ESA section 10(a)(1)(B) Permits and 

Applications and at http://

www.regulations.gov. The application is 

also available upon written request or 

by appointment in the following office: 

Protected Resources Division, NMFS 

Greater Atlantic Regional Fisheries 

Office, 55 Great Republic Drive, 

Gloucester, MA 01930; phone (978) 

281–9328. 

Submit your comments by including 

NOAA–NMFS–2017–0051, by either of 

the following methods: 


sradovich on DSK3GMQ082PROD with NOTICES
37850 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to www.regulations.gov/ 

!docketDetail;D=NOAA-NMFS-2017- 

0051, 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields 

3. Enter or attach your comments. 

• Mail: Submit written information to 

Julie Crocker, NMFS, Greater Atlantic 

Regional Fisheries Office, Protected 

Resources Division, 55 Great Republic 

Drive, Gloucester, MA 01930. 

Instructions: We may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the end of 

the specified period. 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 is publicly accessible. We 

will accept anonymous comments (enter 

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

to remain anonymous). We will accept 

attachments to electronic comments in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats, only. 

FOR FURTHER INFORMATION CONTACT: Julie 

Crocker, (978) 282–8480. 

SUPPLEMENTARY INFORMATION: We 

received an initial draft application 

from Dominion in December 2016 and 

a complete application on April 10, 

2017, for an ITP to take federally listed 

Atlantic sturgeon over a 10-year period. 

The ITP would authorize take resulting 

from continued operations of the 

facility, including impingement and 

entrainment in the cooling water intake 

system and collection during studies 

and sampling required by section 316(b) 

of the Clean Water Act. A conservation 

program to minimize and mitigate for 

the impacts of the incidental take would 

be implemented by Dominion as 

described in the draft HCP. 

To comply with the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) (NEPA), we prepared an 

EA that describes the proposed action, 

issuance of an ITP to Dominion, and 

possible alternatives and analyzes the 

effects of the proposed action and 

alternatives on the human environment. 

We will evaluate whether the EA’s 

analysis is adequate to support a 

Finding of No Significant Impact. 

Background 

Section 9 of the ESA and Federal 

regulations prohibit the ‘‘take’’ of 

species listed as endangered or 

threatened. The ESA defines ‘‘take’’ to 

mean harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

to attempt to engage in any such 

conduct. However, under section 

10(a)(1)(B) of the ESA, we may issue 

permits to authorize incidental take of 

listed species. ‘‘Incidental take’’ is 

defined by the ESA as take that is 

incidental to, and not the purpose of, 

carrying out an otherwise lawful 

activity. Section 10(a)(2)(A) of the ESA 

requires an ITP applicant to submit an 

HCP that specifies the steps the 

applicant will take to minimize and 

mitigate the impacts of the taking. 

Regulations governing ITPs for 

threatened and endangered species are 

found at 50 CFR 222.307. 

The CPS is a coal-fueled power 

station in Chesterfield, Virginia in the 

upper tidal portion, approximately river 

mile 82 (river kilometer, rkm, 132), of 

the James River. It has been in operation 

since 1945. It operates pursuant to a 

permit issued by the Virginia 

Department of Environmental Quality 

under section 402 of the Clean Water 

Act (the National Pollutant Discharge 

Elimination System program). CPS has a 

design intake flow of approximately 

1,090 million gallons per day (MGD), at 

least 25 percent of which is used 

exclusively for cooling purposes, and is 

therefore subject to the Clean Water Act 

section 316(b) existing facility rule (79 

FR 48300, August 15, 2014). 

Dominion is seeking a permit for the 

incidental take of Atlantic sturgeon for 

a term of 10-years. Incidental take may 

occur as a result of operation of the 

cooling water intakes and performance 

of studies required to comply with 

Clean Water Act 316(b). Additional 

activities considered, but for which take 

is not expected include, dredging, 

constituent discharge, thermal 

discharge, vessel movements, and 

shoreline and structure maintenance. 

The permit application includes 

Dominion’s consideration of the 

potential effects to shortnose sturgeon 

(Acipenser brevirostrum). However, 

Dominion does not anticipate incidental 

take of shortnose sturgeon because 

shortnose sturgeon rarely occur in the 

James River. 

Dominion estimates the take of up to 

846 Atlantic sturgeon larvae per year 

from the Chesapeake Bay DPS due to 

entrainment in the Dominion CPS 

cooling water intakes. Dominion 

estimates the take of up to two juvenile, 

subadult or adult Atlantic sturgeon from 

the Chesapeake Bay DPS over a ten-year 

period as a result of impingement at the 

Dominion CPS intakes. 

Conservation Plan 

Section 10(a)(1)(B) of the ESA 

specifies that no permit may be issued 

unless an applicant submits an adequate 

HCP. Dominion’s proposed HCP 

describes measures designed to 

minimize, monitor, and mitigate the 

incidental take of Atlantic sturgeon. 

Dominion’s proposed HCP includes 

support for two research initiatives to 

increase knowledge of Atlantic sturgeon 

in the James River. The first would 

build on the existing knowledge of the 

genetic structure of cohorts spawning in 

the James River. The second would 

characterize Atlantic sturgeon spatial 

and temporal use of the upper tidal 

portion of the James River. The HCP 

also includes monitoring of incidental 

take. Other monitoring and mitigation 

actions will be undertaken as required. 

The proposed action is the issuance of 

an ITP and implementation of the 

proposed HCP. Dominion considered 

two alternatives to the proposed action 

in its HCP: (1) No change to existing 

operations, studies and maintenance at 

CPS, and (2) avoiding and minimizing 

permitted activities (e.g., modifying 

water withdrawals; modifying the 

cooling water intake structure; not 

conducting or not continuing the 

planned CWA 316(b) studies; not 

dredging and/or dredging less 

frequently; not using barges or vessels 

for the shipment or delivery of bulk 

materials; not performing or reducing 

shoreline and structure maintenance 

activities at CPS). 

National Environmental Policy Act 

In compliance with NEPA, we 

analyzed the impacts of the proposed 

issuance of an ITP and implementation 

of the HCP, and alternatives. Based on 

this analysis and any new information 

resulting from public comment, we will 

determine if there are any significant 

impacts caused by the proposed action. 

We have prepared a draft EA on the 

proposed action and have made it 

available for public inspection online or 

in person at the Greater Atlantic 

Regional Fisheries Office (see 

Availability of Documents). 

This notice is provided pursuant to 

section 10(c) of the ESA and the 

National Environmental Policy Act 

regulations (40 CFR 1506.6). We will 

evaluate the application, associated 

documents, and submitted comments 

received to determine whether the 

application meets the requirements of 

section 10 of the ESA (16 U.S.C. 1531 

et seq.). We will also evaluate whether 

issuance of a section 10(a)(1)(B) permit 

would comply with section 7 of the ESA 

by conducting an intra-Service section 7 


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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37851 

consultation. We will use the results of 

this consultation, in combination with 

the above findings, in our final analysis 

to determine whether to issue a permit. 

If the requirements are met, we will 

issue the permit to the applicant. 

We will publish a record of our final 

action in the Federal Register. 

Authority: This notice is provided 

pursuant to section 10(c) of the ESA (16 

U.S.C. 1531 et seq.) and NEPA regulations 

(40 CFR 1506.6). 

Dated: August 9, 2017. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2017–17105 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF561 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the U.S. Navy Training 

and Testing Activities in the Atlantic 

Fleet Training and Testing Study Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

letter of authorization; request for 

comments and information. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for 

authorization to take marine mammals 

incidental to the training and testing 

activities conducted in the Atlantic 

Fleet Training and Testing (AFTT) 

Study Area from October 2018 through 

October 2023. Pursuant to the Marine 

Mammal Protection Act (MMPA), NMFS 

is announcing our receipt of the Navy’s 

request for the development and 

implementation of regulations 

governing the incidental taking of 

marine mammals and inviting 

information, suggestions, and comments 

on the Navy’s application and request. 

DATES: Comments and information must 

be received no later than September 13, 

2017. 

ADDRESSES: Comments on the 

application should be addressed to Jolie 

Harrison, Chief, Permits, Conservation 

and Education Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3225. The mailbox address for providing 

email comments is ITP.Egger@noaa.gov. 

NMFS is not responsible for email 

comments sent to addresses other than 

the one provided here. Comments sent 

via email, including all attachments, 

must not exceed a 10-megabyte file size. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications without 

change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Egger, Office of Protected 

Resources, NMFS; phone: (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: 

Availability 

An electronic copy of the Navy’s 

application may be obtained online at: 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. The Navy 

released a draft Environmental Impact 

Statement (EIS)/Overseas EIS (OEIS) for 

the on June 30, 2017. A copy of the draft 

EIS, which would also support NMFS’ 

proposed rulemaking under the MMPA, 

is available at www.aftteis.com. 

Background 

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

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (Secretary) 

to allow, upon request, the incidental, 

but not intentional taking of marine 

mammals by U.S. citizens who engage 

in a specified activity (other than 

commercial fishing) if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, 

notice of a proposed authorization is 

provided to the public for review. 

Incidental take authorizations 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 taking 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.’’ 

With respect to military readiness 

activities, the MMPA defines 

‘‘harassment’’ as any act that injures or 

has the significant potential to injure a 

marine mammal or marine mammal 

stock in the wild (Level A Harassment); 

or (ii) any act that disturbs or is likely 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of natural behavioral 

patterns, including, but not limited to, 

migration, surfacing, nursing, breeding, 

feeding, or sheltering, to a point where 

such behavioral patterns are abandoned 

or significantly altered (Level B 

Harassment). 

Summary of Request 

On June 16, 2017, NMFS received an 

application from the Navy requesting 

authorization to take individuals of 39 

marine mammal species by Level A and 

B (behavioral) harassment incidental to 

training, testing, and routine military 

operations (all categorized as military 

readiness activities) from the use of 

sonar and other transducers, in-water 

detonations, air guns, and impact pile 

driving/vibratory extraction. In 

addition, the Navy is requesting nine 

mortalities of four marine mammal 

species during ship shock trials, and 

three takes (not to exceed two from any 

individual stock) by injury or mortality 

from vessel strikes over the five-year 

period. One marine mammal species, 

the North Atlantic right whale 

(Eubalaena glacialis), has designated 

critical habitat in the AFTT Study Area. 

The Navy’s training and testing 

activities would occur over five years 

beginning October 2018. On August 4, 

2017, the Navy sent an amendment to 

its application and Navy’s application 

was considered final and complete. 

This will be NMFS’ third rule making 

for AFTT activities under the MMPA. 

NMFS published the first rule effective 

from January 22, 2009 through January 

22, 2014 on January 27, 2009 (74 FR 

4844) and the second rule effective from 

November 14, 2013 through November 

13, 2018 on December 4, 2013 (78 FR 

73009). For this third rule making, the 

Navy is proposing to conduct similar 

sonar activities in the proposed 

rulemaking as they have conducted over 

the past nine years in the previous two 

rule makings. 

Description of the Specified Activity 

The Navy’s training and testing 

activities to be conducted within the 

AFTT Study Area (includes areas of the 

western Atlantic Ocean along the east 

coast of North America, portions of the 

Caribbean Sea, and the Gulf of Mexico, 

covering approximately 2.6 million 

square nautical miles of ocean area, 


sradovich on DSK3GMQ082PROD with NOTICES