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Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices

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because of the small ZOIs (compared to
the vast size of the GOM ecosystem
where these species live) and the small
amounts of explosives used in the A–S
gunnery exercises, NMFS has
preliminarily determined that there will
not be a substantial impact on marine
mammals or on the normal functioning
of the nearshore or offshore GOM
ecosystems. The proposed activity is not
expected to impact rates of recruitment
or survival of marine mammals since
neither mortality (which would remove
individuals from the population) nor
injury are anticipated to occur.
Although the proposed activity is
anticipated to result in Level B
harassment of marine mammals (both by
behavioral disturbance and TTS), the
level of harassment is not anticipated to
impact rates of recruitment or survival
of marine mammals.
Additionally, the mitigation and
monitoring measures proposed to be
implemented (described earlier in this
document) are expected to further
minimize the potential for harassment.
The protected species surveys will
require Eglin AFB to search the area for
marine mammals, and if any are found
in the live fire area, then the exercise
must be suspended until the animal(s)
has left the area or relocated. Moreover,
the aircrews of the A–S gunnery
missions will initiate location and
surveillance of a suitable firing site
immediately after exiting U.S. territorial
waters (less than or equal to 12 nm (22
km)). This would potentially restrict
most gunnery activities to the shallower
continental shelf waters of the GOM
where marine mammal densities are
typically lower, and thus potentially
avoid the slope waters where the more
sensitive species (e.g., endangered
sperm whales) typically reside.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS preliminarily finds that Eglin
AFB’s A–S gunnery mission exercises
will result in the incidental take of
marine mammals, by Level B
harassment only, and that the total
taking from the A–S gunnery mission
exercises will have a negligible impact
on the affected species or stocks.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action. Therefore, NMFS has
preliminarily determined that the total
taking of affected species or stocks

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would not have an unmitigable adverse
impact on the availability of such
species or stocks for taking for
subsistence purposes.
Endangered Species Act (ESA)
A Biological Opinion issued by NMFS
on October 20, 2004, concluded that the
A–S gunnery exercises in the EGTTR are
unlikely to jeopardize the continued
existence of species listed under the
ESA that are within the jurisdiction of
NMFS or destroy or adversely modify
critical habitat. NMFS has preliminarily
determined that this action, including
the modifications to the mitigation and
monitoring measures in the previous
IHAs issued to Eglin AFB and proposed
for inclusion in the 2011 IHA (if issued),
does not have effects beyond that which
was analyzed in that previous
consultation, it is within the scope of
that action, and reinitiation of
consultation is not necessary. However,
prior to issuance of this IHA, NMFS will
make a final determination whether
additional consultation is necessary.
National Environmental Policy Act
(NEPA)
The USAF prepared a Final PEA in
November 2002 for the EGTTR activity.
NMFS made the USAF’s 2002 Final PEA
available upon request on January 23,
2006 (71 FR 3474). In accordance with
NOAA Administrative Order 216–6
(Environmental Review Procedures for
Implementing the National
Environmental Policy Act, May 20,
1999), NMFS reviewed the information
contained in the USAF’s 2002 Final
PEA, and, on May 1, 2006, determined
that the document accurately and
completely described the proposed
action, the alternatives to the proposed
action, and the potential impacts on
marine mammals, endangered species,
and other marine life that could be
impacted by the preferred alternative
and the other alternatives. Accordingly,
NMFS adopted the USAF’s 2002 Final
PEA under 40 CFR 1506.3 and made its
own FONSI on May 16, 2006. The
NMFS FONSI also took into
consideration updated data and
information contained in NMFS’
Federal Register document noting
issuance of an IHA to Eglin AFB for this
activity (71 FR 27695, May 12, 2006),
and previous notices (71 FR 3474,
January 23, 2006; 70 FR 48675, August
19, 2005).
As the issuance of the 2008 IHA to
Eglin AFB amended three of the
mitigation measures for reasons of
practicality and safety, NMFS reviewed
the USAF’s 2002 Final PEA and
determined that a new EA was
warranted to address: (1) The proposed

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modifications to the mitigation and
monitoring measures; (2) the use of 23
psi as a change in the criterion for
estimating potential impacts on marine
mammals from explosives; and (3) a
cumulative effects analysis of potential
environmental impacts from all GOM
activities (including Eglin mission
activities), which was not addressed in
the USAF’s 2002 Final PEA. Therefore,
NMFS prepared a new EA in December
2008 and issued a FONSI for its action
on December 9, 2008. Based on those
findings, NMFS determined that it was
not necessary to complete an
environmental impact statement for the
issuance of an IHA to Eglin AFB for this
activity. NMFS has preliminarily
determined that this proposed activity is
within the scope of NMFS’ 2008 EA and
FONSI.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to
authorize the take of several species of
marine mammals incidental to the
USAF, Eglin AFB, for their A–S gunnery
mission activities in the GOM provided
the previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: July 12, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–18324 Filed 7–19–11; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this notice announces that
the Information Collection Request (ICR)
abstracted below has been forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICR describes the nature of the
information collection and its expected
costs and burden; it includes the actual
data collection instruments [if any].
DATES: Comments must be submitted on
or before August 19, 2011.
SUMMARY:

FOR FURTHER INFORMATION OR A COPY
CONTACT: Mark Bretscher, Division of

Clearing and Intermediary Oversight,
Commodity Futures Trading
Commission, 525 W. Monroe, Suite

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sroberts on DSK5SPTVN1PROD with NOTICES

43278

Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices

1100, Chicago, IL 60661, (312) 596–
0529; Fax (312) 596–0711; e-mail:
[email protected] and refer to OMB
Control No. 3038–0026.
SUPPLEMENTARY INFORMATION:
Title: Gross Collection of ExchangeSet Margins for Omnibus Accounts
(OMB Control No. 3038–0026). This is
a request for extension of a currently
approved information collection.
Abstract: Commission Regulation 1.58
requires futures commission merchants
to collect exchange-set margin for
omnibus accounts on a gross, rather
than a net, basis. This rule is
promulgated pursuant to the
Commission’s rulemaking authority
contained in Sections 4c, 4d, 4f, 4g and
8a of the Commodity Exchange Act, 7
USC 6c, 6d, 6f, 6g and 12a (2000).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for the CFTC’s regulations
were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981). The
Federal Register notice with a 60-day
comment period soliciting comments on
this collection of information was
published on May 18, 2011 (76 FR
28754).
Burden statement: The respondent
burden for this collection is estimated to
average .08 hours per response. These
estimates include the time needed to
review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining information
and disclosing and providing
information; adjust the existing ways to
comply with any previously applicable
instructions and requirements; train
personnel to be able to respond to a
collection of information; and transmit
or otherwise disclose the information.
Respondents/Affected Entities: 125.
Estimated number of responses: 500.
Estimated total annual burden on
respondents: 40 hours.
Frequency of collection: On occasion.
Send comments regarding the burden
estimated or any other aspect of the
information collection, including
suggestions for reducing the burden, to
the addresses listed below. Please refer
to OMB Control No. 3038–0026 in any
correspondence.
Mark Bretscher, Division of Clearing
and Intermediary Oversight, Commodity
Futures Trading Commission, 525 W.
Monroe, Suite 1100, Chicago, IL 60661,
and Office of Information and
Regulatory Affairs, Office of
Management and Budget, Attention:

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Desk Officer for CFTC, 725 17th Street,
Washington, DC 20503.
Dated: July 14, 2011.
David A. Stawick,
Secretary of the Commission.

Dated: July 13, 2011.
L.M. Senay,
Lieutenant, Judge Advocate General’s Corps,
U.S. Navy, Federal Register Liaison Officer.
[FR Doc. 2011–18232 Filed 7–19–11; 8:45 am]
BILLING CODE 3810–FF–P

[FR Doc. 2011–18281 Filed 7–19–11; 8:45 am]
BILLING CODE 6351–01–P

DEFENSE NUCLEAR FACILITIES
SAFETY BOARD
DEPARTMENT OF DEFENSE

Privacy Act; System of Records

Department of the Navy

AGENCY:

Notice of Availability of Record of
Decision for the Final Environmental
Impact Statement for the Keyport
Range Complex Extension
AGENCY:
ACTION:

Department of the Navy, DoD.

Notice.

The Department of the Navy
(Navy), after carefully weighing the
environmental consequences of the
proposed action as presented in the
Final Environmental Impact Statement
(FEIS), announces its decision to extend
the operational areas of the Naval Sea
Systems Command Naval Undersea
Warfare Center Keyport Range Complex
and increase the number of days of
activities and the number of activities
per day, in furtherance of the Navy’s
statutory obligations under Title 10 of
the United States Code governing the
roles and responsibilities of the Navy. In
its decision, the Navy considered
applicable laws and executive orders,
including an analysis of the effects of its
actions in compliance with the
Endangered Species Act, the Coastal
Zone Management Act, and the National
Historic Preservation Act, and the
requirements of Executive Order (EO)
12898, Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations and EO 13045, Protection of
Children from Environmental Health
Risks and Safety Risks.
Implementation of the proposed
action could begin immediately.

SUMMARY:

The
complete text of the Navy’s Record of
Decision (ROD) is available for public
viewing on the project Web site at:
http://www.navsea.navy.mil/nuwc/
keyport/Environmental/EIS.aspx along
with copies of the FEIS and supporting
documents. Single copies of the ROD
will be made available upon request by
contacting the FEIS Project Manager,
Ms. Kimberly Kler, 360–396–0927.

SUPPLEMENTARY INFORMATION:

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Defense Nuclear Facilities
Safety Board.
ACTION: Notice of systems of records.
Each Federal agency is
required by the Privacy Act of 1974, 5
U.S.C. 552a, to publish a description of
the systems of records containing
personal information as defined by the
Privacy Act. In this notice, the Defense
Nuclear Facilities Safety Board (DNFSB)
updates the descriptions of the eight
systems it currently maintains, and
announces the creation of a ninth
system.

SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Richard A. Azzaro, General Counsel,
Defense Nuclear Facilities Safety Board,
625 Indiana Avenue, NW., Suite 700,
Washington, DC 20004–2901, (202) 694–
7000.
SUPPLEMENTARY INFORMATION: The Board
has previously maintained eight systems
of records under the Privacy Act. The
Board has created a new system,
DNFSB–9, Occupational Beryllium
Exposure Records, but the creation of
this new system does not involve the
collection of additional information or
changes in the use or storage of records.
Instead, it is only a minor records
management reorganization for
streamlining purposes. The records now
to be found in DNFSB–9 were originally
maintained in DNFSB–5, which is now
limited to Occupational Radiation
Exposure Records.
DNFSB–1
SYSTEM NAME:

Personnel Security Files.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Defense Nuclear Facilities Safety
Board, 625 Indiana Avenue, NW., Suite
700, Washington, DC 20004–2901.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

DNFSB employees, applicants for
employment with DNFSB, DNFSB
contractors and consultants, and other

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