80 FR 62029 - Certain Polyethylene Terephthalate Resin From India: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 199 (October 15, 2015)
International Trade Administration
Federal Register Volume 80, Issue 199 (October 15, 2015)
| Page Range | 62029-62032 | |
| FR Document | 2015-26262 |
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)] [Notices] [Pages 62029-62032] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26262] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-861] Certain Polyethylene Terephthalate Resin From India: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: October 15, 2015. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain polyethylene terephthalate resin (PET resin) products from India are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation is January 1, 2014, through December 31, 2014. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2924 or (202) 482-0649. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on April 6, 2015.\1\ Pursuant to section 733(c)(1)(A) of the Act, the Department postponed this preliminary LTFV determination by 50 days until October 6, 2015.\2\ --------------------------------------------------------------------------- \1\ See Certain Polyethylene Terephthalate Resin From Canada, the People's Republic of China, India, and the Sultanate of Oman: Initiation of Less-Than-Fair-Value Investigations, 80 FR 18376 (April 6, 2015) (Initiation Notice). \2\ See Certain Polyethylene Terephthalate Resin from Canada, the People's Republic of China, India, and the Sultanate of Oman: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 80 FR 45640 (July 31, 2015). --------------------------------------------------------------------------- Scope of the Investigation The merchandise covered by these investigations is polyethylene terephthalate (PET) resin The merchandise subject to these investigations is properly classified [[Page 62030]] under subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. For a full description of the scope of the investigation, see the Preliminary Decision Memorandum, hereby adopted by this notice.\3\ The Preliminary Decision Memorandum is a public document and is made available to the public 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, and is available to all parties in the Department's Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum from Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary, Enforcement and Compliance ``Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Polyethylene Terephthalate Resin from India,'' (Preliminary Decision Memorandum) dated concurrently with and hereby adopted by this notice. A list of the topics discussed in the Preliminary Decision Memorandum appears in the Appendix below. --------------------------------------------------------------------------- Scope Comments The Initiation Notice provided interested parties an opportunity to raise issues regarding product coverage (scope). However, no party to the proceeding provided scope comments. Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export price (EP) has been calculated in accordance with section 772 of the Act. Normal value (NV) has been calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances On July 16, 2015, petitioners filed a timely critical circumstances allegation, pursuant to section 773(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of the merchandise under consideration.\4\ In accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances allegation is submitted more than 20 days before the scheduled date of the preliminary determination, the Department must issue a preliminary finding whether there is a reasonable basis to believe or suspect that critical circumstances exist no later than the date of the preliminary determination. We have conducted an analysis of critical circumstances in accordance with section 733(c) of the Act and 19 CFR 351.206, and preliminarily determine that: (1) There is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise in accordance with section 733(e)(1)(A)(i) of the Act; and (2) imports of the subject merchandise have been massive over a relatively short period in accordance with section 733(e)(1)(B) of the Act. Therefore, we preliminarily determine that critical circumstances exist. For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \4\ See letter from Petitioners, ``Certain Polyethylene Terephthalate Resin--Critical Circumstances Allegation,'' date July 16, 2015. --------------------------------------------------------------------------- All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. In this investigation, we calculated weighted-average dumping margins for both mandatory respondents that are above de minimis and which are not based on section 776 of the Act. However, because there are only two relevant weighted-average dumping margins for this final determination, using a weighted-average of these two rates risks disclosure of business proprietary data. Therefore, the Department assigned a margin to the all-others rate companies based on the simple average of the two mandatory respondents' rates. Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist during the period January 1, 2014, through December 31, 2014: ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Dhunseri Petrochem, Ltd................................. 19.41 Ester Industries, Ltd................................... 10.68 JBF Industries, Ltd..................................... 19.41 Reliance Industries, Ltd................................ 6.31 All Others.............................................. 8.50 ------------------------------------------------------------------------ Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for submitting case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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. --------------------------------------------------------------------------- \5\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- 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, U.S. Department of Commerce, filed electronically using ACCESS. All documents must be filed electronically using ACCESS. An electronically filed request must be received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\6\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \6\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Verification As provided in section 782(i)(1) of the Act, the Department intends to verify [[Page 62031]] the information submitted by Ester and Reliance prior to making a final determination in this investigation. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of PET resin from India as described in the ``Scope of the Investigation'' section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), we will instruct CBP to require a cash deposit \7\ equal to the weighted-average amount by which the NV exceeds EP as indicated in the chart above, adjusted where appropriate for export subsidies.\8\ These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \7\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). \8\ See section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margin calculation program, but in the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. --------------------------------------------------------------------------- Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), we will instruct CBP to require a cash deposit \9\ equal to the weighted-average amount by which NV exceeds EP, as indicated in the chart above, as follows: (1) The rate for Dhunseri, when adjusted for export subsidies, is 14.28 percent; (2) the rate for Ester, when adjusted for export subsidies, is 5.55 percent; (3) the rate for JBF, when adjusted for export subsidies, is 0.00 percent; (4) the rate for Reliance, when adjusted for export subsidies, is 1.18, (5) if the exporter is not a firm identified in this investigation, but the producer is, then the rate will be the rate established for the producer of the subject merchandise; (6) the rate for all other producers or exporters, when adjusted for export subsidies, will be 3.37 percent. These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \9\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. As described above, we preliminarily find that critical circumstances exist for imports produced or exported by all Indian exporters. Therefore, in accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. Reliance requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination by 60 days (i.e., to 135 days after publication of the preliminary determination) pursuant to section 735(a)(2)(A) and 19 CFR 351.210(b)(2)(ii), and agreed to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months.\10\ --------------------------------------------------------------------------- \10\ See letter from Reliance dated September 24, 2015. --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\11\ The suspension of liquidation described above will be extended accordingly. --------------------------------------------------------------------------- \11\ See 19 CFR 351.210(e). --------------------------------------------------------------------------- U.S. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our preliminary affirmative determination of sales at LTFV. Because the preliminary determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of PET resin from India before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of publication of this preliminary determination, as discussed above, the ITC will make its final determination no later than 45 days after our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: October 6, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Preliminary Determination V. Postponement of Final Determination and Extension of Provisional Measures VI. Scope of the Investigation VII. Scope Comments VIII. Discussion of Methodology A. Fair Value Comparisons 1. Determination of the Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Date of Sale D. U.S. Price E. Normal Value 1. Comparison-Market Viability [[Page 62032]] 2. Level of Trade 3. Calculation of Normal Value Based on Comparison Market Prices F. Cost of Production 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of COP Test IX. Facts Available X. Critical Circumstances XI. Currency Conversion XII. U.S. International Trade Commission Notification XIII. Disclosure and Public Comment XIV. Verification XV. Adjustments for Countervailable Subsidies XVI. Recommendation [FR Doc. 2015-26262 Filed 10-14-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices 62029
Ingredients, G.P. (Ashland), the 351.222(g)(1)(i) and (vi), we are revoking DEPARTMENT OF COMMERCE
petitioner and sole domestic producer of the Order on CMC from the
CMC, requested, effective July 1, 2014, Netherlands. As stated in the International Trade Administration
revocation of the Order with respect to Preliminary Results, the revocation will [A–533–861]
the Netherlands as part of an expedited be effective July 1, 2014, which is the
CCR. On August 31, 2015, the effective date requested by Ashland and Certain Polyethylene Terephthalate
Department preliminarily determined to also the first day of the most recent Resin From India: Affirmative
revoke the Order and invited interested period not subject to administrative Preliminary Determination of Sales at
parties to comment on the Preliminary review.4 Less Than Fair Value, Affirmative
Results. Preliminary Determination of Critical
We received no comments from Termination of Suspension of Circumstances, and Postponement of
interested parties on the Preliminary Liquidation Final Determination
Results.
Because we determine that there are AGENCY: Enforcement and Compliance,
Scope of the Order changed circumstances that warrant the International Trade Administration,
The merchandise covered by this revocation of the Order, we will instruct Department of Commerce.
order is all purified CMC, sometimes U.S. Customs and Border Protection to DATES: Effective Date: October 15, 2015.
also referred to as purified sodium CMC, terminate the suspension of liquidation SUMMARY: The Department of Commerce
polyanionic cellulose, or cellulose gum, of the merchandise subject to this order (the Department) preliminarily
which is a white to off-white, non-toxic, entered, or withdrawn from warehouse, determines that certain polyethylene
odorless, biodegradable powder, on or after July 1, 2014, and to release terephthalate resin (PET resin) products
comprising sodium CMC that has been any cash deposit or bond on all from India are being, or are likely to be,
refined and purified to a minimum sold in the United States at less than fair
unliquidated entries of the merchandise
assay of 90 percent. Purified CMC does value (LTFV), as provided in section
covered by the revocation that are not 733(b) of the Tariff Act of 1930, as
not include unpurified or crude CMC, covered by the final results of an
CMC Fluidized Polymer Suspensions, amended (the Act). The period of
administrative review or automatic investigation is January 1, 2014, through
and CMC that is cross-linked through liquidation.5 Entries of subject
heat treatment. Purified CMC is CMC December 31, 2014. The estimated
merchandise prior to the effective date weighted-average dumping margins are
that has undergone one or more of revocation will continue to be subject
purification operations which, at a shown in the ‘‘Preliminary
to suspension of liquidation and Determination’’ section of this notice.
minimum, reduce the remaining salt
antidumping duty deposit requirements. Interested parties are invited to
and other by-product portion of the
product to less than ten percent. comment on this preliminary
Return or Destruction of Proprietary
The merchandise subject to this order determination.
Information
is classified in the Harmonized Tariff FOR FURTHER INFORMATION CONTACT: Fred
Schedule of the United States at This notice serves as a reminder to Baker or Robert James, AD/CVD
subheading 3912.31.00. This tariff parties subject to administrative Operations, Office VI, Enforcement and
classification is provided for protective orders (APOs) of their Compliance, International Trade
convenience and customs purposes; responsibility concerning the Administration, U.S. Department of
however, the written description of the disposition of proprietary information Commerce, 14th Street and Constitution
scope of the order is dispositive. disclosed under APO in accordance Avenue NW., Washington, DC 20230;
with 19 CFR 351.305(a)(3). Timely telephone: (202) 482–2924 or (202) 482–
Final Results of Changed 0649.
Circumstances Review written notification of the return/
destruction of APO materials or SUPPLEMENTARY INFORMATION:
Section 782(h)(2) of the Act and 19 conversion to judicial protective order is
CFR 351.222(g)(1)(i), provide that the Background
hereby requested. Failure to comply
Department may revoke an order (in The Department published the notice
with the regulations and terms of an of initiation of this investigation on
whole or in part) if it determines that
APO is a sanctionable violation. April 6, 2015.1 Pursuant to section
producers accounting for substantially
all of the production of the domestic Notification to Interested Parties 733(c)(1)(A) of the Act, the Department
like product have no further interest in postponed this preliminary LTFV
the order, in whole or in part. In We are issuing and publishing these determination by 50 days until October
accordance with 19 CFR 351.222(g)(1), final results and notice in accordance 6, 2015.2
we find that the petitioner’s affirmative with sections 751(b)(1) and 777(i)(1) of
Scope of the Investigation
statement of no interest constitutes good the Act and 19 CFR 351.216,
cause to conduct this review. Ashland 351.221(b)(5), and 351.222(g)(1)(i) and The merchandise covered by these
stated that, as the sole U.S. producer of (g)(3)(vii). investigations is polyethylene
CMC, it accounts for substantially all of terephthalate (PET) resin
Dated: October 7, 2015. The merchandise subject to these
the production of the domestic like
product. Ashland also stated that it has Paul Piquado, investigations is properly classified
no interest in the continuation of the Assistant Secretary for Enforcement and
mstockstill on DSK4VPTVN1PROD with NOTICES
1 See Certain Polyethylene Terephthalate Resin
Order.3 Therefore, at the request of Compliance.
From Canada, the People’s Republic of China,
Ashland and in accordance with [FR Doc. 2015–26260 Filed 10–14–15; 8:45 am] India, and the Sultanate of Oman: Initiation of Less-
sections 751(b)(1) and 751(d)(1) of the BILLING CODE 3510–DS–P Than-Fair-Value Investigations, 80 FR 18376 (April
6, 2015) (Initiation Notice).
Act, 19 CFR 351.216, and 2 See Certain Polyethylene Terephthalate Resin
from Canada, the People’s Republic of China, India,
3 See Ashland’s July 8, 2015, submission to the and the Sultanate of Oman: Postponement of
4 See Preliminary Results, 80 FR at 52448.
Department; see also Preliminary Results, 80 FR at Preliminary Determinations of Antidumping Duty
52447–48. 5 See 19 CFR 351.222(g)(4). Investigations, 80 FR 45640 (July 31, 2015).
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![62032 Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
2. Level of Trade Background Diego Bay at Naval Base Point Loma in
3. Calculation of Normal Value Based on San Diego, CA (NBPL). The Navy also
Comparison Market Prices Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct submitted a separate monitoring plan
F. Cost of Production and draft monitoring report pursuant to
1. Calculation of COP the Secretary of Commerce to allow,
2. Test of Comparison Market Sales Prices upon request, the incidental, but not requirements of the previous IHA. The
3. Results of COP Test intentional, taking of small numbers of Navy submitted revised versions of the
IX. Facts Available marine mammals by U.S. citizens who request on July 3 and July 26, 2015, a
X. Critical Circumstances engage in a specified activity (other than revised version of the monitoring plan
XI. Currency Conversion commercial fishing) within a specified on July 21, 2015, and a revised
XII. U.S. International Trade Commission monitoring report on July 29, 2015.
Notification
geographical region if certain findings
are made and either regulations are These documents were deemed
XIII. Disclosure and Public Comment adequate and complete. The pier
XIV. Verification issued or, if the taking is limited to
harassment, a notice of a proposed replacement project is planned to occur
XV. Adjustments for Countervailable
Subsidies authorization is provided to the public over four years; this IHA covers only the
XVI. Recommendation for review. third year of work and is valid for a
Authorization for incidental takings period of one year, from October 8,
[FR Doc. 2015–26262 Filed 10–14–15; 8:45 am]
shall be granted if NMFS finds that the 2015, through October 7, 2016.
BILLING CODE 3510–DS–P
taking will have a negligible impact on Hereafter, use of the generic term ‘‘pile
the species or stock(s), will not have an driving’’ may refer to both pile
DEPARTMENT OF COMMERCE unmitigable adverse impact on the installation and removal unless
availability of the species or stock(s) for otherwise noted.
National Oceanic and Atmospheric subsistence uses (where relevant), and if The use of both vibratory and impact
Administration the permissible methods of taking and pile driving is expected to produce
requirements pertaining to the underwater sound at levels that have the
RIN 0648–XE057 mitigation, monitoring and reporting of potential to result in behavioral
such takings are set forth. NMFS has harassment of marine mammals. Species
Takes of Marine Mammals Incidental to defined ‘‘negligible impact’’ in 50 CFR with the expected potential to be
Specified Activities; Taking Marine 216.103 as ‘‘. . . an impact resulting present during all or a portion of the in-
Mammals Incidental to a Pier from the specified activity that cannot water work window include the
Replacement Project be reasonably expected to, and is not California sea lion (Zalophus
reasonably likely to, adversely affect the californianus), harbor seal (Phoca
AGENCY: National Marine Fisheries vitulina richardii), northern elephant
Service (NMFS), National Oceanic and species or stock through effects on
annual rates of recruitment or survival.’’ seal (Mirounga angustirostris), gray
Atmospheric Administration (NOAA), whale (Eschrichtius robustus),
Section 101(a)(5)(D) of the MMPA
Commerce. bottlenose dolphin (Tursiops truncatus
established an expedited process by
ACTION: Notice; issuance of an incidental which citizens of the U.S. can apply for truncatus), Pacific white-sided dolphin
harassment authorization. an authorization to incidentally take (Lagenorhynchus obliquidens), Risso’s
small numbers of marine mammals by dolphin (Grampus griseus), and either
SUMMARY: In accordance with the short-beaked or long-beaked common
regulations implementing the Marine harassment. Section 101(a)(5)(D)
establishes a 45-day time limit for dolphins (Delphinus spp.). California
Mammal Protection Act (MMPA) as sea lions are present year-round and are
amended, notification is hereby given NMFS review of an application
followed by a 30-day public notice and very common in the project area, while
that we have issued an incidental bottlenose dolphins and harbor seals are
harassment authorization (IHA) to the comment period on any proposed
authorizations for the incidental common and likely to be present year-
U.S. Navy (Navy) to incidentally harass, round but with more variable
by Level B harassment only, marine harassment of marine mammals. Within
45 days of the close of the comment occurrence in San Diego Bay. Gray
mammals during construction activities whales may be observed in San Diego
associated with a pier replacement period, NMFS must either issue or deny
the authorization. Except with respect to Bay sporadically during migration
project at Naval Base Point Loma, San periods. The remaining species are
Diego, CA. certain activities not pertinent here, the
MMPA defines ‘‘harassment’’ as ‘‘any known to occur in nearshore waters
DATES: This authorization is effective outside San Diego Bay, but are generally
act of pursuit, torment, or annoyance
from October 8, 2015, through October which (i) has the potential to injure a only rarely observed near or in the bay.
7, 2016. marine mammal or marine mammal However, recent observations indicate
FOR FURTHER INFORMATION CONTACT: Ben stock in the wild [Level A harassment]; that these species may occur in the
Laws, Office of Protected Resources, or (ii) has the potential to disturb a project area and therefore could
NMFS, (301) 427–8401. marine mammal or marine mammal potentially be subject to incidental
SUPPLEMENTARY INFORMATION: stock in the wild by causing disruption harassment from the aforementioned
of behavioral patterns, including, but activities.
Availability This is the third such IHA, following
not limited to, migration, breathing,
An electronic copy of the Navy’s nursing, breeding, feeding, or sheltering the IHAs issued effective from
mstockstill on DSK4VPTVN1PROD with NOTICES
application and supporting documents, [Level B harassment].’’ September 1, 2013, through August 31,
as well as a list of the references cited 2014 (78 FR 44539) and from October 8,
in this document, may be obtained by Summary of Request 2014, through October 7, 2015 (79 FR
visiting the Internet at: On June 12, 2015, we received a 65378). Monitoring reports are available
www.nmfs.noaa.gov/pr/permits/ request from the Navy for authorization on the Internet at www.nmfs.noaa.gov/
incidental/construction.htm. In case of to take marine mammals incidental to pr/permits/incidental/construction.htm
problems accessing these documents, pile installation and removal associated and provide environmental information
please call the contact listed above. with a pier replacement project in San related to issuance of this IHA.
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Document Created: 2018-02-27 08:52:16
Document Modified: 2018-02-27 08:52:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: October 15, 2015. | |
| Contact | Fred Baker or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2924 or (202) 482-0649. | |
| FR Citation | 80 FR 62029 |
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