82 FR 32789 - Marine Mammals; File No. 21018

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 136 (July 18, 2017)

Page Range		32789-32790
FR Document		2017-15039

Notice is hereby given that Brent Stewart, Ph.D., Hubbs- SeaWorld Research Institute, 2595 Ingraham Street, San Diego, CA 92109 has applied in due form for a permit to conduct research on pinnipeds in California.

Federal Register, Volume 82 Issue 136 (Tuesday, July 18, 2017)

[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32789-32790]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15039]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF536


Marine Mammals; File No. 21018

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that Brent Stewart, Ph.D., Hubbs-
SeaWorld Research Institute, 2595 Ingraham Street, San Diego, CA 92109 
has applied in due form for a permit to conduct research on pinnipeds 
in California.

DATES: Written, telefaxed, or email comments must be received on or 
before August 17, 2017.

ADDRESSES: The application and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
``Features'' box on the Applications and Permits for Protected Species 
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File 
No. 21018 from the list of available applications.
    These documents are available upon written request or by 
appointment in the Permits and Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver 
Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.
    Written comments on this application should be submitted to the 
Chief, Permits and Conservation Division, at the address listed above. 
Comments may also be submitted by facsimile to (301) 713-0376, or by 
email to [email protected]. Please include the File No. in the 
subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits and Conservation Division at the 
address listed above. The request should set forth the specific reasons 
why a hearing on this application would be appropriate.

FOR FURTHER INFORMATION CONTACT: Sara Young or Carrie Hubard, (301) 
427-8401.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of the Marine Mammal Protection Act of 1972, as amended 
(MMPA; 16 U.S.C. 1361 et seq.) and the regulations governing the taking 
and importing of marine mammals (50 CFR part 216).
    The applicant requests a five-year permit to study three species of 
pinnipeds in California. The objectives of the research are to continue 
long-term research on the comparative ecology, demography, community 
ecology, foraging patterns, pathology and phenology of California 
pinnipeds and to further characterize the resource and habitats used by 
each species, including patterns of spatial and temporal similarities 
and differences California sea lions (Zalophus californianus), northern 
elephant seals (Mirounga angustirostris), and harbor seals (Phoca 
vitulina) would be captured and sampled at several sites including San 
Nicolas Island, San Miguel Island, Santa Rosa Island, Santa Cruz 
Island, Piedras Blancas, Cape San Martin, and Gorda. Some animals would 
only receive a flipper tag or a dye mark. Other animals

[[Page 32790]]

would be physically or chemically restrained; measured and weighed; 
have a variety of samples taken, including: blood, skin, blubber, and 
mucus membrane swabs; and have tracking or data recording instruments 
attached. For proposed take numbers by species and location and details 
on sampling methodologies, see the application. The applicant has 
requested authorization for the unintentional research related 
mortality of up to four animals of each species annually.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an initial determination has been made that 
the activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of the application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: July 12, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-15039 Filed 7-17-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices 32789

In the Third Remand Results, the Products which contained only DATES: Written, telefaxed, or email
Department found, in accordance with aluminum extrusions and fasteners (not comments must be received on or before
the Court’s instructions in Meridian IV, excluded); and (C2) products which August 17, 2017.
under respectful protest, that Meridian’s incorporated non-aluminum extrusion ADDRESSES: The application and related
trim kits are excluded from the scope of components beyond fasteners documents are available for review by
the Orders as finished goods kits (excluded).17 selecting ‘‘Records Open for Public
because at the time of importation, the Comment’’ from the ‘‘Features’’ box on
kits contained all the parts necessary to Second Amended Final Scope Ruling
the Applications and Permits for
assemble a final finished good—a Because there is now a final and Protected Species (APPS) home page,
complete trim kit.9 In Meridian V,10 the conclusive court decision which https://apps.nmfs.noaa.gov, and then
Court sustained the Third Remand reinstates the Department’s original selecting File No. 21018 from the list of
Results in its entirety.11 Subsequently, scope ruling, we are amending the First available applications.
the Department published a First Amended Final Scope Ruling with These documents are available upon
Amended Final Scope Ruling in which respect to Meridian’s refrigerator/freezer written request or by appointment in the
the Department found that Meridian’s trim kits. Based on the Federal Circuit’s Permits and Conservation Division,
refrigerator/freezer trim kits are not holding in Meridian VI, Meridian’s Office of Protected Resources, NMFS,
covered by the scope of the Orders.12 refrigerator/freezer trim kits are subject 1315 East-West Highway, Room 13705,
Consistent with the decision of the to the Orders. Silver Spring, MD 20910; phone (301)
Federal Circuit in Timken,13 as clarified Accordingly, the Department will 427–8401; fax (301) 713–0376.
by Diamond Sawblades,14 the First instruct Customs and Border Protection Written comments on this application
Amended Final Scope Ruling to continue to suspend liquidation of should be submitted to the Chief,
additionally provided notice to the Meridian’s refrigerator/freezer trim kits Permits and Conservation Division, at
public of the CIT’s final judgment in until appropriate liquidation the address listed above. Comments may
Meridian V not in harmony with the instructions are sent. As of the date of also be submitted by facsimile to (301)
Department’s Final Scope Ruling on publication of this notice in the Federal 713–0376, or by email to
Refrigerator Trim Kits and of the Register, the cash deposit rate for NMFS.Pr1Comments@noaa.gov. Please
continuation of the suspension of entries of Meridian’s refrigerator/freezer include the File No. in the subject line
liquidation of the trim kits at issue trim kits entries will be the applicable of the email comment.
pending a final and conclusive court cash deposit rate of the exporters of the Those individuals requesting a public
decision, if appealed.15 merchandise from the PRC to the United hearing should submit a written request
On March 28, 2017, the Federal States. to the Chief, Permits and Conservation
Circuit reversed the CIT and sustained This notice is issued and published in Division at the address listed above. The
the Department’s original scope ruling accordance with sections 516A(c)(1) and request should set forth the specific
in which it found that Meridian’s (e)(1) of the Tariff Act of 1930, as reasons why a hearing on this
refrigerator/freezer trim kits did not amended. application would be appropriate.
satisfy the finished goods kit exclusion FOR FURTHER INFORMATION CONTACT: Sara
under the Orders. In Meridian VI,16 the Dated: July 11, 2017.
Gary Taverman, Young or Carrie Hubard, (301) 427–
Federal Circuit found that the plain 8401.
language of the exclusion language, Deputy Assistant Secretary for Antidumping
when appropriately read as a whole, and Countervailing Duty Operations, SUPPLEMENTARY INFORMATION: The
supported the Department’s performing the non-exclusive functions and subject permit is requested under the
duties of the Assistant Secretary for authority of the Marine Mammal
interpretation. The Federal Circuit
Enforcement and Compliance. Protection Act of 1972, as amended
further held that the Department’s prior
[FR Doc. 2017–15040 Filed 7–17–17; 8:45 am] (MMPA; 16 U.S.C. 1361 et seq.) and the
scope rulings, one of the 19 CFR
351.225(k)(1) sources, further supported BILLING CODE 3510–DS–P regulations governing the taking and
the Department’s interpretation. Finally, importing of marine mammals (50 CFR
the Federal Circuit looked to other part 216).
aspects of the scope language, including DEPARTMENT OF COMMERCE The applicant requests a five-year
the similar finished merchandise permit to study three species of
National Oceanic and Atmospheric pinnipeds in California. The objectives
exclusion, which supported the division Administration
of products into two categories: (1) of the research are to continue long-term
research on the comparative ecology,
RIN 0648–XF536
9 See Third Remand Results at 14. demography, community ecology,
10 See Meridian LLC v. United States, Court No. Marine Mammals; File No. 21018 foraging patterns, pathology and
13–00018, Slip Op. 16–5 (CIT January 20, 2016) phenology of California pinnipeds and
(Meridian V). AGENCY: National Marine Fisheries
11 See Meridian V, Slip Op. 16–5 at 4.
to further characterize the resource and
12 See Aluminum Extrusions From the People’s
Service (NMFS), National Oceanic and habitats used by each species, including
Republic of China: Notice of Court Decision Not in Atmospheric Administration (NOAA), patterns of spatial and temporal
Harmony With Final Scope Ruling and Notice of Commerce. similarities and differences California
Amended Final Scope Ruling Pursuant to Court sea lions (Zalophus californianus),
ACTION: Notice; receipt of application.
Decision, 81 FR 7749 (February 16, 2016) (First
Amended Final Scope Ruling).
northern elephant seals (Mirounga
SUMMARY: Notice is hereby given that angustirostris), and harbor seals (Phoca
sradovich on DSK3GMQ082PROD with NOTICES

13 See Timken Co. v. United States, 893 F.2d 337

(Fed. Cir. 1990) (Timken). Brent Stewart, Ph.D., Hubbs-SeaWorld vitulina) would be captured and
14 See Diamond Sawblades Mfrs. Coalition v. Research Institute, 2595 Ingraham sampled at several sites including San
United States, 626 F.3d 1374 (Fed. Cir. 2010) Street, San Diego, CA 92109 has applied Nicolas Island, San Miguel Island, Santa
(Diamond Sawblades). in due form for a permit to conduct
15 See First Amended Final Scope Ruling, 81 FR
Rosa Island, Santa Cruz Island, Piedras
at 7749–7750.
research on pinnipeds in California. Blancas, Cape San Martin, and Gorda.
16 See Meridian Prods., LLC v. United States, 851 Some animals would only receive a
F.3d 1375 (Fed. Cir. Mar. 28, 2017) (Meridian VI). 17 Id., at 1383–85. flipper tag or a dye mark. Other animals

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32790 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices

would be physically or chemically Paperwork Clearance Officer, is necessary for the proper performance
restrained; measured and weighed; have Department of Commerce, Room 6616, of the functions of the agency, including
a variety of samples taken, including: 14th and Constitution Avenue NW., whether the information shall have
blood, skin, blubber, and mucus Washington, DC 20230 (or via the practical utility; (b) the accuracy of the
membrane swabs; and have tracking or Internet at pracomments@doc.gov). agency’s estimate of the burden
data recording instruments attached. For FOR FURTHER INFORMATION CONTACT: (including hours and cost) of the
proposed take numbers by species and Requests for additional information or proposed collection of information; (c)
location and details on sampling copies of the information collection ways to enhance the quality, utility, and
methodologies, see the application. The instrument and instructions should be clarity of the information to be
applicant has requested authorization directed to Melissa Cook, NOAA’s collected; and (d) ways to minimize the
for the unintentional research related National Marine Fisheries Service burden of the collection of information
mortality of up to four animals of each (NMFS), Southeast Fisheries Science on respondents, including through the
species annually. Center (SFSC), 3209 Frederic Street, use of automated collection techniques
In compliance with the National Pascagoula, MS, 39567, (228) 549–1628, or other forms of information
Environmental Policy Act of 1969 (42 or melissa.cook@noaa.gov, or Ellen technology.
U.S.C. 4321 et seq.), an initial Keane, NOAA’s NMFS, Greater Atlantic Comments submitted in response to
determination has been made that the Regional Fisheries Office (GARFO), 55 this notice will be summarized and/or
activity proposed is categorically Great Republic Drive, Gloucester, MA, included in the request for OMB
excluded from the requirement to 01930, (978) 282–8476, or ellen.keane@ approval of this information collection;
prepare an environmental assessment or noaa.gov. they also will become a matter of public
environmental impact statement. SUPPLEMENTARY INFORMATION: record.
Concurrent with the publication of
this notice in the Federal Register, I. Abstract Dated: July 12, 2017.
NMFS is forwarding copies of the NOAA NMFS would like to conduct Sarah Brabson,
application to the Marine Mammal an intercept survey to assess the extent NOAA PRA Clearance Officer.
Commission and its Committee of of interactions between recreational [FR Doc. 2017–14964 Filed 7–17–17; 8:45 am]
Scientific Advisors. anglers on piers and other shore-based BILLING CODE 3510–22–P
Dated: July 12, 2017. fishing structures, and sea turtles. This
Donna S. Wieting,
survey will also assess the feasibility of
an intercept survey for this purpose in
Director, Office of Protected Resources,
National Marine Fisheries Service.
terms response rates and data collection. DEPARTMENT OF DEFENSE
The survey will be administered on
[FR Doc. 2017–15039 Filed 7–17–17; 8:45 am]
piers and other fixed structures Office of the Secretary
BILLING CODE 3510–22–P
nationwide, but focused within NOAA
Fisheries Greater Atlantic Region and [Transmittal No. 17–33]
Southeast Region, and will survey
DEPARTMENT OF COMMERCE
approximately 36,000 individual Arms Sales Notification
National Oceanic and Atmospheric recreational fishermen. The respondents
Administration will be verbally asked a series of AGENCY: Defense Security Cooperation
questions, no longer than 5 minutes, Agency, Department of Defense.
Proposed Information Collection; and the interviewer will record answers. ACTION: Notice.
Comment Request; Recreational II. Method of Collection
Angler Survey of Sea Turtle SUMMARY: The Department of Defense is
Interactions The survey will be implemented
through verbal interviews. publishing the unclassified text of an
AGENCY: National Oceanic and arms sales notification.
Atmospheric Administration (NOAA), III. Data
FOR FURTHER INFORMATION CONTACT:
Commerce. OMB Control Number: 0648–XXXX. Kathy Valadez, (703) 697–9217 or
ACTION: Notice. Form Number(s): None. Pamela Young, (703) 697–9107; DSCA/
Type of Review: Regular submission.
Affected Public: Individuals or DSA–RAN.
SUMMARY: The Department of
Commerce, as part of its continuing households. SUPPLEMENTARY INFORMATION: This
effort to reduce paperwork and Estimated Number of Respondents: 36(b)(1) arms sales notification is
respondent burden, invites the general 36,000. published to fulfill the requirements of
public and other Federal agencies to Estimated Time per Response: 5 section 155 of Public Law 104–164
take this opportunity to comment on minutes. dated July 21, 1996. The following is a
proposed and/or continuing information Estimated Total Annual Burden copy of a letter to the Speaker of the
collections, as required by the Hours: 3,000. House of Representatives, Transmittal
Paperwork Reduction Act of 1995. Estimated Total Annual Cost to 17–33 with attached Policy Justification
Public: $0 in recordkeeping/recording and Sensitivity of Technology.
DATES: Written comments must be
costs.
submitted on or before September 18, Dated: July 13, 2017.
2017. IV. Request for Comments
sradovich on DSK3GMQ082PROD with NOTICES

Aaron Siegel,
ADDRESSES: Direct all written comments Comments are invited on: (a) Whether Alternate OSD Federal Register Liaison
to Jennifer Jessup, Departmental the proposed collection of information Officer, Department of Defense.

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Document Created: 2018-10-24 11:23:46
Document Modified: 2018-10-24 11:23:46

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
Action		Notice; receipt of application.
Dates		Written, telefaxed, or email comments must be received on or before August 17, 2017.
Contact		Sara Young or Carrie Hubard, (301) 427-8401.
FR Citation		82 FR 32789
RIN Number		0648-XF53

82 FR 32789 - Marine Mammals; File No. 21018

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 136 (July 18, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration