82 FR 47697 - 100- to 150-Seat Large Civil Aircraft from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 197 (October 13, 2017)
International Trade Administration
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47697-47700 | |
| FR Document | 2017-22203 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Notices] [Pages 47697-47700] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22203] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-122-859] 100- to 150-Seat Large Civil Aircraft from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that 100- to 150-seat large civil aircraft (aircraft) from Canada is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable October 13, 2017. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Lilit Astvatsatrian, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-6412, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended [[Page 47698]] (the Act). The Department published the notice of initiation of this investigation on May 26, 2017.\1\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\2\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II 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, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See 100- to 150-Seat Large Civil Aircraft From Canada: Initiation of Less-Than-Fair-Value Investigation, 82 FR 24296 (May 26, 2017) (Initiation Notice). \2\ See Memorandum, ``Decision Memorandum for the Preliminary Determination in the Less Than Fair Value Investigation of 100- To 150-Seat Large Civil Aircraft from Canada,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is aircraft from Canada. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\3\ in the Initiation Notice, the Department set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\4\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all scope comments timely received, see the Scope Comments Decision Memorandum for the Preliminary Determination.\5\ The Department is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \4\ See Initiation Notice. \5\ See Memorandum, ``100- To 150-Seat Large Civil Aircraft from Canada: Scope Comments Decision Memorandum for the Preliminary Determination'' (Preliminary Scope Decision Memorandum), dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Adverse Facts Available Bombardier Inc. (Bombardier) is the sole mandatory respondent in this investigation, and failed to provide information requested in the Department's questionnaire. Accordingly, we preliminarily determine to base Bombardier's dumping margin on adverse facts available (AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. As AFA, we applied the highest dumping margin calculated for Canadian exports of subject merchandise contained in the Petition, which is 79.82 percent.\6\ For further discussion, see the Preliminary Decision Memorandum.\7\ --------------------------------------------------------------------------- \6\ See Letter to the Honorable Wilbur L. Ross, Jr., Secretary of Commerce, from the petitioner, concerning, ``Petitions for the Imposition of Antidumping and Countervailing Duties On 100- To 150- Seat Large Civil Aircraft from Canada,'' dated April 27, 2017 (the Petition); see also Letter to the Honorable Wilbur L. Ross, Jr., Secretary of Commerce from the petitioner, concerning, ``100-To 150- Seat Large Civil Aircraft from Canada--Petitioner's Response to AD Supplemental Questionnaire,'' dated May 2, 2017'' (May 4, 2017) (Petition Supplement). \7\ See also memorandum, ``Application of Adverse Facts Available to Bombardier Inc.,'' dated October 4, 2017. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, the Department has preliminarily relied upon facts otherwise available with adverse inferences for Bombardier. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually examined. This 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 and de minimis dumping margins, and any dumping margins determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, the Department may use any reasonable method to establish the estimated weighted-average dumping margin for all-other producers or exporters. The Department has preliminarily determined the estimated weighted- average dumping margin for the individually examined respondent entirely under section 776 of the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act, the Department's normal practice under these circumstances has been to calculate the ``all-others''` rate as a simple average of the alleged dumping margins from the Petition.\8\ The Petition for this investigation included a single alleged dumping margin. Therefore, for purposes of determining the ``all-others'' rate and pursuant to section 735(c)(5)(B) of the Act, we are using the alleged dumping margin in the Petition as the estimated weighted- average dumping margin assigned to all other producers and exporters of subject merchandise. For a full description of the methodology underlying the Department's analysis, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \8\ See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: [[Page 47699]] ------------------------------------------------------------------------ Estimated weighted- Cash deposit rate Exporter/producer average (adjusted for subsidy dumping margin offset(s)) (percent) (percent) ------------------------------------------------------------------------ Bombardier, Inc.............. 79.82 Not Applicable. All-Others................... 79.82 Not Applicable. ------------------------------------------------------------------------ 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 entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondent listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this preliminary determination; (2) if the exporter is not the respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. The Department normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. However, because the Department has not made a preliminary affirmative determination for countervailable export subsidies in the companion CVD proceeding, the Department has not adjusted the estimated weighted-average dumping margin to offset countervailable export subsidies. Disclosure Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because the Department preliminarily applied total AFA to the individually examined company, Bombardier, in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the Petition, there are no calculations to disclose. Verification Because the examined respondent in this investigation did not provide information requested by the Department, and the Department preliminarily determines the examined respondent to have been uncooperative, we will not conduct verification. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 21 days after the date of publication of the preliminary determination, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309; 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, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant 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, whether any participant is a foreign national, 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, 1401 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. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that the Department will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, the Department intends to make its final determination no later than 75 days after the signature date of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties 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 4, 2017. Carole Showers, Executive Director, Office of Policy performing the duties of the Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is aircraft, regardless of seating configuration, that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range, as these terms are defined below. ``Standard 100- to 150-seat two-class seating capacity'' refers to the capacity to accommodate 100 to 150 passengers, when eight passenger seats are configured for a 36-inch pitch, and the remaining passenger seats are configured for a 32-inch pitch. ``Pitch'' is the distance between a point on one seat and the same point on the seat in front of it. [[Page 47700]] ``Standard 100- to 150-seat two-class seating capacity'' does not delineate the number of seats actually in a subject aircraft or the actual seating configuration of a subject aircraft. Thus, the number of seats actually in a subject aircraft may be below 100 or exceed 150. A ``minimum 2,900 nautical mile range'' means: (i) Able to transport between 100 and 150 passengers and their luggage on routes equal to or longer than 2,900 nautical miles; or (ii) covered by a U.S. Federal Aviation Administration (FAA) type certificate or supplemental type certificate that also covers other aircraft with a minimum 2,900 nautical mile range. The scope includes all aircraft covered by the description above, regardless of whether they enter the United States fully or partially assembled, and regardless of whether, at the time of entry into the United States, they are approved for use by the FAA. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 8802.40.0040. The merchandise may alternatively be classifiable under HTSUS subheading 8802.40.0090. Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Application of Facts Available and Use of Adverse Inference A. Application of Facts Available B. Use of Adverse Inference C. Preliminary Estimated Weighted-Average Dumping Margin Based on Adverse Facts Available D. Corroboration of the AFA Rate VII. Conclusion [FR Doc. 2017-22203 Filed 10-12-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices 47697
Whereas, the Board adopts the permits, members of the public may The open session will be accessible via
findings and recommendations of the present oral statements to the teleconference to 20 participants on a
examiner’s memorandum, and finds that Committee. The public may submit first come, first serve basis. To join the
the requirements of the FTZ Act and the written statements at any time before or conference, submit inquiries to Ms.
Board’s regulations are satisfied; after the meeting. However, to facilitate Yvette Springer at Yvette.Springer@
Now, therefore, the Board hereby distribution of public presentation bis.doc.gov, no later than October 17,
approves the expansion of Subzone materials to the Committee members, 2017.
124D on behalf of LOOP LLC as the Committee suggests that the A limited number of seats will be
described in the application and materials be forwarded before the available for the public session.
Federal Register notice, subject to the meeting to Ms. Springer. Reservations are not accepted. To the
FTZ Act and the Board’s regulations, The Assistant Secretary for extent that time permits, members of the
including Section 400.13. Administration, with the concurrence of public may present oral statements to
Dated: October 6, 2017. the General Counsel, formally the Committee. The public may submit
Gary Taverman, determined on August 30, 2017 written statements at any time before or
pursuant to Section 10(d) of the Federal after the meeting. However, to facilitate
Deputy Assistant Secretary for AD/CVD
Operations performing the duties of the Advisory Committee Act, as amended (5 the distribution of public presentation
Assistant Secretary for Enforcement & U.S.C. app. 2 § 10(d), that the portion of materials to the Committee members,
Compliance, Alternate Chairman, Foreign- this meeting dealing with pre-decisional the Committee suggests that presenters
Trade Zones Board. changes to the Commerce Control List forward the public presentation
[FR Doc. 2017–22204 Filed 10–12–17; 8:45 am] and U.S. export control policies shall be materials prior to the meeting to Ms.
BILLING CODE 3510–DS–P exempt from the provisions relating to Springer via email.
public meetings found in 5 U.S.C. app. For more information, call Yvette
2 §§ 10(a)(1) and 10(a)(3). The remaining Springer at (202) 482–2813.
DEPARTMENT OF COMMERCE portions of the meeting will be open to Yvette Springer,
the public.
Bureau of Industry and Security Committee Liaison Officer.
For more information contact Yvette
[FR Doc. 2017–22193 Filed 10–12–17; 8:45 am]
Springer on (202) 482–2813.
Sensors and Instrumentation BILLING CODE 4310–JT–P
Technical Advisory Committee; Notice Yvette Springer,
of Partially Closed Meeting Committee Liaison Officer.
[FR Doc. 2017–22194 Filed 10–12–17; 8:45 am] DEPARTMENT OF COMMERCE
The Sensors and Instrumentation
BILLING CODE P
Technical Advisory Committee (SITAC) International Trade Administration
will meet on October 25, 2017, 9:30
a.m., in the Herbert C. Hoover Building, [A–122–859]
DEPARTMENT OF COMMERCE
Room 3884, 14th Street between 100- to 150-Seat Large Civil Aircraft
Constitution and Pennsylvania Avenues Bureau of Industry and Security from Canada: Preliminary Affirmative
NW., Washington, DC. The Committee Determination of Sales at Less Than
advises the Office of the Assistant Materials Processing Equipment Fair Value
Secretary for Export Administration on Technical Advisory Committee; Notice
technical questions that affect the level of Open Meeting AGENCY: Enforcement and Compliance,
of export controls applicable to sensors International Trade Administration,
and instrumentation equipment and The Materials Processing Equipment Department of Commerce.
technology. Technical Advisory Committee
SUMMARY: The Department of Commerce
(MPETAC) will meet on October 24,
Agenda (the Department) preliminarily
2017, 9:00 a.m., Room 3884, in the
determines that 100- to 150-seat large
Public Session: Herbert C. Hoover Building, 14th Street
civil aircraft (aircraft) from Canada is
1. Welcome and Introductions between Pennsylvania and Constitution
being, or is likely to be, sold in the
2. Remarks from the Bureau of Avenues NW., Washington, DC. The
United States at less than fair value
Industry and Security Management Committee advises the Office of the
(LTFV). The period of investigation
3. Industry Presentations Assistant Secretary for Export
(POI) is April 1, 2016, through March
4. New Business Administration with respect to technical
31, 2017.
Closed Session: questions that affect the level of export
5. Discussion of matters determined to controls applicable to materials DATES: Applicable October 13, 2017.
be exempt from the provisions processing equipment and related FOR FURTHER INFORMATION CONTACT:
relating to public meetings found in technology. Drew Jackson or Lilit Astvatsatrian, AD/
5 U.S.C. app. 2 §§ 10(a)(1) and CVD Operations, Office IV, Enforcement
Agenda and Compliance, International Trade
10(a)(3)
The open session will be accessible via Open Session: Administration, U.S. Department of
teleconference to 20 participants on a 1. Opening remarks and introductions Commerce, 1401 Constitution Avenue
2. Presentation of papers and NW., Washington, DC 20230; telephone:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
first come, first serve basis. To join the
conference, submit inquiries to Ms. comments by the Public (202) 482–4406 or (202) 482–6412,
Yvette Springer at Yvette.Springer@ 3. Discussions on results from last, respectively.
bis.doc.gov no later than October 18, and proposals from last Wassenaar SUPPLEMENTARY INFORMATION:
2017. meeting
A limited number of seats will be 4. Report on proposed and recently Background
available during the public session of issued changes to the Export This preliminary determination is
the meeting. Reservations are not Administration Regulations made in accordance with section 733(b)
accepted. To the extent that time 5. Other business of the Tariff Act of 1930, as amended
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![47700 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices
‘‘Standard 100- to 150-seat two-class SUMMARY: NMFS has received a request commercial fishing) within a specified
seating capacity’’ does not delineate the from the Alaska Department of geographical region if certain findings
number of seats actually in a subject aircraft Transportation and Public Facilities are made and either regulations are
or the actual seating configuration of a
(ADOT&PF) for authorization to take issued or, if the taking is limited to
subject aircraft. Thus, the number of seats
actually in a subject aircraft may be below marine mammals incidental to the harassment, a notice of a proposed
100 or exceed 150. Haines Ferry Terminal Modification authorization is provided to the public
A ‘‘minimum 2,900 nautical mile range’’ Project in Haines, Alaska. Pursuant to for review.
means: the Marine Mammal Protection Act An authorization for incidental
(i) Able to transport between 100 and 150 (MMPA), NMFS is requesting comments takings shall be granted if NMFS finds
passengers and their luggage on routes equal on its proposal to issue an incidental that the taking will have a negligible
to or longer than 2,900 nautical miles; or harassment authorization (IHA) to impact on the species or stock(s), will
(ii) covered by a U.S. Federal Aviation not have an unmitigable adverse impact
incidentally take marine mammals
Administration (FAA) type certificate or
during the specified activities. on the availability of the species or
supplemental type certificate that also covers
other aircraft with a minimum 2,900 nautical DATES: Comments and information must stock(s) for subsistence uses (where
mile range. be received no later than November 13, relevant), and if the permissible
The scope includes all aircraft covered by 2017. methods of taking and requirements
the description above, regardless of whether ADDRESSES: Comments should be pertaining to the mitigation, monitoring
they enter the United States fully or partially and reporting of such takings are set
addressed to Jolie Harrison, Chief,
assembled, and regardless of whether, at the forth.
time of entry into the United States, they are Permits and Conservation Division,
Office of Protected Resources, National NMFS has defined ‘‘negligible
approved for use by the FAA. impact’’ in 50 CFR 216.103 as ‘‘an
The merchandise covered by this Marine Fisheries Service. Physical
comments should be sent to 1315 East- impact resulting from the specified
investigation is currently classifiable under
Harmonized Tariff Schedule of the United West Highway, Silver Spring, MD 20910 activity that cannot be reasonably
States (HTSUS) subheading 8802.40.0040. and electronic comments should be sent expected to, and is not reasonably likely
The merchandise may alternatively be to ITP.Daly@noaa.gov. to, adversely affect the species or stock
classifiable under HTSUS subheading Instructions: NMFS is not responsible through effects on annual rates of
8802.40.0090. Although these HTSUS recruitment or survival.’’
subheadings are provided for convenience
for comments sent by any other method,
to any other address or individual, or NMFS has defined ‘‘unmitigable
and customs purposes, the written adverse impact’’ in 50 CFR 216.103 as
description of the scope of the investigation received after the end of the comment
period. Comments received ‘‘an impact resulting from the specified
is dispositive.
electronically, including all activity:
Appendix II (1) That is likely to reduce the
attachments, must not exceed a 25-
availability of the species to a level
List of Topics Discussed in the Preliminary megabyte file size. Attachments to
Decision Memorandum
insufficient for a harvest to meet
electronic comments will be accepted in
subsistence needs by: (i) Causing the
I. Summary Microsoft Word or Excel or Adobe PDF
marine mammals to abandon or avoid
II. Background file formats only. All comments
III. Period of Investigation hunting areas; (ii) directly displacing
received are a part of the public record
IV. Scope of the Investigation subsistence users; or (iii) placing
and will generally be posted online at
V. Scope Comments physical barriers between the marine
www.nmfs.noaa.gov/pr/permits/
VI. Application of Facts Available and Use of mammals and the subsistence hunters;
incidental/construction.htm without
Adverse Inference and
A. Application of Facts Available change. All personal identifying (2) That cannot be sufficiently
B. Use of Adverse Inference information (e.g., name, address) mitigated by other measures to increase
C. Preliminary Estimated Weighted- voluntarily submitted by the commenter the availability of marine mammals to
Average Dumping Margin Based on may be publicly accessible. Do not allow subsistence needs to be met.
Adverse Facts Available submit confidential business
D. Corroboration of the AFA Rate
The MMPA states that the term ‘‘take’’
information or otherwise sensitive or means to harass, hunt, capture, kill or
VII. Conclusion protected information. attempt to harass, hunt, capture, or kill
[FR Doc. 2017–22203 Filed 10–12–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: any marine mammal.
BILLING CODE 3510–DS–P Jaclyn Daly, Office of Protected Except with respect to certain
Resources, NMFS, (301) 427–8401. activities not pertinent here, the MMPA
Electronic copies of the applications defines ‘‘harassment’’ as: Any act of
DEPARTMENT OF COMMERCE and supporting documents, as well as a pursuit, torment, or annoyance which (i)
list of the references cited in this has the potential to injure a marine
National Oceanic and Atmospheric
document, may be obtained online at: mammal or marine mammal stock in the
Administration
www.nmfs.noaa.gov/pr/permits/ wild (Level A harassment); or (ii) has
XRIN 0648–XF547 incidental/construction.htm. In case of the potential to disturb a marine
problems accessing these documents, mammal or marine mammal stock in the
Takes of Marine Mammals Incidental to please call the contact listed above. wild by causing disruption of behavioral
Specified Activities; Taking Marine SUPPLEMENTARY INFORMATION: patterns, including, but not limited to,
Mammals Incidental to the Haines
asabaliauskas on DSKBBXCHB2PROD with NOTICES
migration, breathing, nursing, breeding,
Ferry Terminal Modification Project Background
feeding, or sheltering (Level B
AGENCY: National Marine Fisheries Sections 101(a)(5)(A) and (D) of the harassment).
Service (NMFS), National Oceanic and MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow, National Environmental Policy Act
Atmospheric Administration (NOAA),
Commerce. upon request, the incidental, but not To comply with the National
intentional, taking of small numbers of Environmental Policy Act of 1969
ACTION: Proposed incidental harassment
marine mammals by U.S. citizens who (NEPA; 42 U.S.C. 4321 et seq.) and
authorization; request for comments.
engage in a specified activity (other than NOAA Administrative Order (NAO)
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Document Created: 2017-10-13 04:34:03
Document Modified: 2017-10-13 04:34:03
| 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 | Applicable October 13, 2017. | |
| Contact | Drew Jackson or Lilit Astvatsatrian, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-6412, respectively. | |
| FR Citation | 82 FR 47697 |
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