30-Day Federal Register Notice

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Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices

sources of human-caused mortality, or
ambient noise levels).
To avoid redundancy this
introductory discussion of our analyses
applies to all of the species listed in
Table 10, given that many of the
anticipated effects of this project on
different marine mammal stocks are
expected to be relatively similar in
nature. Pile removal activities have the
potential to disturb or displace marine
mammals. Specifically, the project
activities may result in take, in the form
of Level B harassment from underwater
sounds generated from pile removal.
Potential takes could occur if
individuals are present in the Level B
harassment zone when these activities
are underway.
In summary and as described above,
the following factors primarily support
our preliminary determination that the
impacts resulting from this activity are
not expected to adversely affect the
species or stock through effects on
annual rates of recruitment or survival:
• No mortality is anticipated or
authorized;
• No takes by Level A harassment are
anticipated or authorized. Takes by
Level B harassment constitute less than
8 percent of the best available
abundance estimates for all stocks;
• Take would occur over a short
timeframe (6 days of active pile
removal) during the IHA effective
period) and not occur in places and/or
times where take would be more likely
to accrue to impacts on reproduction or
survival, such as within ESA-designated
or proposed critical habitat;
• Stock is not known to be declining
or suffering from known contributors to
decline (e.g., unusual mortality event
(UME), oil spill effects); and
• Monitoring reports from similar
work from the Chehalis River Bridge
Scour Repair Project have documented
little to no effect on individuals of the
same species impacted by the specified
activities.
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
monitoring and mitigation measures,
NMFS finds that the total marine
mammal take from the planned activity
will have a negligible impact on all
affected marine mammal species or
stocks.
Small Numbers
As noted above, only small numbers
of incidental take may be authorized
under sections 101(a)(5)(A) and (D) of
the MMPA for specified activities other
than military readiness activities. The

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MMPA does not define small numbers
and so, in practice, where estimated
numbers are available, NMFS compares
the number of individuals taken to the
most appropriate estimation of
abundance of the relevant species or
stock in our determination of whether
an authorization is limited to small
numbers of marine mammals. When the
predicted number of individuals to be
taken is fewer than one third of the
species or stock abundance, the take is
considered to be of small numbers.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
The amount of take NMFS authorized
of all species or stocks is below one
third of the estimated stock abundance
(in fact, take of individuals is less than
8 percent of the abundance for all
affected stocks). These are all likely
conservative estimates because they
assume all takes are of different
individual animals which is likely not
the case. Some individuals may return
multiple times in a day, but PSOs would
count them as separate takes if they
cannot be individually identified.
Based on the analysis contained
herein of the activity (including the
mitigation and monitoring measures)
and the anticipated take of marine
mammals, NMFS finds that small
numbers of marine mammals will be
taken relative to the population size of
the affected species or stocks.
Unmitigable Adverse Impact Analysis
and Determination
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our action
(i.e., the issuance of an incidental
harassment authorization) with respect
to potential impacts on the human
environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
harassment authorizations with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have

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the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
Endangered Species Act
Section 7(a)(2) of the ESA (16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is authorized or expected to
result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
Authorization
NMFS has issued an IHA to WSDOT
for the potential harassment of small
numbers of five marine mammal species
incidental to the for conducting State
Route 520 Pontoon Pile Removal
Project, Aberdeen, Grays Harbor County,
Washington over approximately seven
days, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: December 22, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–28752 Filed 12–28–20; 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 of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
abstracted below has been forwarded to
the Office of Information and Regulatory
Affairs (OIRA), of the Office of
Management and Budget (OMB), for
review and comment. The ICR describes

SUMMARY:

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KHAMMOND on DSKJM1Z7X2PROD with NOTICES

Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices
the nature of the information collection
and its expected costs and burden.
DATES: Comments must be submitted on
or before January 28, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0062, at https://
comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include only information that you wish
to make available publicly. If you wish
the Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or remove
any or all of your submission from
https://www.cftc.gov that it may deem to
be inappropriate for publication, such as
1 17

CFR 145.9.

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obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
ICR will be retained in the public
comment file and will be considered as
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Gregory Scopino, Special Counsel,
Market Participants Division,
Commodity Futures Trading
Commission, (202) 418–5175; email:
[email protected], and refer to OMB
Control No. 3038–0062.
SUPPLEMENTARY INFORMATION:
Title: Off-Exchange Foreign Currency
Transactions. (OMB Control No. 3038–
0062). This is a request for anextension
of a currently approved information
collection..
Abstract: Part 5 of the Commission’s
regulations under the CEA establishes
rules applicable to retail foreign
exchange dealers (‘‘RFEDs’’), futures
commission merchants (‘‘FCMs’’),
introducing brokers (‘‘IBs’’), commodity
trading advisors (‘‘CTAs’’), and
commodity pool operators (‘‘CPOs’’)
engaged in the offer and sale of offexchange forex contracts to retail
customers. Specifically:
• Regulation 5.5 requires RFEDs,
FCMs, and IBs to distribute risk
disclosure statements to new retail forex
customers.
• Regulation 5.6 requires RFEDs and
FCMs to report any failures to maintain
the minimum capital required by
Commission regulations.
• Regulation 5.8 requires RFEDs and
FCMs to calculate their total retail forex
obligation.
• Regulation 5.10 requires RFEDs to
maintain and preserve certain risk
assessment documentation.
• Regulation 5.11(a)(1) requires
RFEDs to submit certain risk assessment
documentation to the Commission
within 60 days of the effective date of
their registration.
• Regulation 5.11(a)(2) requires
RFEDs to submit certain financial
documentation to the Commission
within 105 calendar days of the end of
each fiscal year. RFEDs must also
submit additional information, if
requested, regarding affiliates’ financial
impact on an RFED’s organizational
structure.
• Regulation 5.12(a) requires RFED
applicants to submit a Form 1–FR–FCM
concurrently with their registration
application.
• Regulation 5.12(b) requires
registered RFEDs to file a Form 1–FR–
FCM on a monthly and annual basis.

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85603

• Regulation 5.12(g) states that, in the
event that an RFED cannot file its Form
1–FR–FCM for any period within the
time specified in Regulation 5.12(b), the
RFED may file an application for an
extension of time with its self-regulatory
organization.
• Regulation 5.13(a) requires RFEDs
and FCMs to provide monthly account
statements to their customers.
• Regulation 5.13(b) requires RFEDs
and FCMs to provide confirmation
statements to their customers within
one business day after the execution of
any retail forex or forex option
transaction.
• Regulation 5.14 requires RFEDs and
FCMs to maintain current ledgers of
each transaction affecting its asset,
liability, income, expense and capital
accounts.
• Regulation 5.18(g) requires each
RFED, FCM, CPO, CTA, and IB subject
to part 5 to maintain a record of all
communications received that give rise
to possible violations of the Act, rules,
regulations or orders thereunder related
to their retail forex business.
• Regulation 5.18(i) requires each
RFED and FCM to prepare and maintain
on a quarterly basis a calculation of nondiscretionary retail forex customer
accounts open for any period of time
during the quarter that were profitable,
and the percentage of such accounts that
were not profitable.
• Regulation 5.18(j) requires the CCO
of each RFED and FCM to certify
annually that the firm has in place
processes to establish, maintain, review,
modify and test policies and procedures
reasonably designed to achieve
compliance with the Act, rules,
regulations and orders thereunder.
• Regulation 5.19 requires each
RFED, FCM, CPO, CTA, and IB subject
to part 5 to submit to the Commission
copies of any dispositive or partially
dispositive decision for which a notice
of appeal has been filed in any material
legal proceeding (1) to which the firm is
a party to or to which its property or
assets is subject with respect to retail
forex transactions, or (2) instituted
against any person who is a principal of
the firm arising from conduct in such
person’s capacity as a principal of that
firm.
• Regulation 5.20 requires RFEDs,
FCMs and IBs to submit documentation
requested pursuant to certain types of
special calls by the Commission.
• Regulation 5.23 requires RFEDs,
FCMs and IBs to notify the Commission
regarding bulk transfers and bulk
liquidations of customer accounts.
The rules establish reporting and
recordkeeping requirements that are
necessary to implement the provisions

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Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices

of the Food, Conservation, and Energy
Act of 2008 2 regarding off-exchange
transactions in foreign currency with
members of the public. The rules are
intended to promote customer
protection by providing safeguards
against irresponsible or fraudulent
business practices.3
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.4 On October 26, 2020,
the Commission published in the
Federal Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 85
FR 67721 (‘‘60-Day Notice’’). The
Commission did not receive any
comments on the 60-Day Notice.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection for 146 respondents,
which include RFEDs, FCMs, IBs, CPOs,
and CTAs. The respondent burden for
this collection is estimated to be as
follows:
Estimated Number of Respondents:
146.
Estimated Average Burden Hours per
Respondent: 2,865.5
Estimated Total Annual Burden
Hours: 418,286.
Frequency of Collection: As
applicable.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: December 22, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020–28711 Filed 12–28–20; 8:45 am]

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BILLING CODE 6351–01–P

2 Public Law 110–246, 122 Stat. 1651, 2189–220
(2008).
3 See Regulation of Off-Exchange Retail Foreign
Exchange Transactions and Intermediaries, 75 FR
55410, 55416 (Sept. 10, 2010).
4 The OMB control numbers for the CFTC
regulations were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981).
5 This figure has been rounded to the nearest one:
2,864.972 to 2865.

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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket DARS–2020–0007; OMB Control
Number 0704–0519]

Information Collection; Defense
Federal Acquisition Regulation
Supplement (DFARS) Subpart 204.17,
Service Contracts Inventory and
Associated Clause; Submission for
OMB Review; Comment Request
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice.
AGENCY:

The Defense Acquisition
Regulations System has submitted to
OMB for clearance the following
proposal for a new collection of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by January 28, 2021.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS); DFARS Subpart
204.17, Service Contracts Inventory and
Associated Clause; OMB Control
Number 0704–0519.
Affected Public: Businesses and other
for-profit entities.
Respondent’s Obligation: Required to
obtain or retain benefits.
Type of Request: Approval of a new
information collection.
Reporting Frequency: Annually.
Number of Respondents: 1,934.
Responses per Respondent: 2.267,
approximately.
Annual Responses: 4,386.
Average Burden per Response: 2
hours.
Total Annual Burden Hours: 8,772.
Needs and Uses: 10 U.S.C. 2330a, as
amended by section 812 of National
Defense Authorization Act for Fiscal
Year 2017, requires DoD to establish a
data collection system to provide certain
management information with regard to
each purchase of services by a Military
Department or Agency that is in excess
of $3 million for services in the
following service acquisition portfolio
groups: Logistics management services,
equipment-related services, knowledgebased services, and electronics and
communications services. New DFARS
clause 252.204–70XX, Reporting
Requirements for Contracted Services,
requires a contractor to report annually,
in the System for Award Management,
on the services performed under the
contract or order, during the preceding
Government fiscal year. Specifically, the
SUMMARY:

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contractor is required to report the total
dollar amount invoiced for services
performed during the preceding fiscal
year and the number of direct labor
hours, including subcontractor hours
(when applicable), expended on
services performed during the previous
Government fiscal year.
The information collection will
provide DoD with the ability to identify
and report annually to Congress, in
accordance with 10 U.S.C. 2330a, on the
inventory of contractor service contract
actions. As an adjunct, the information
will support DoD’s total force
management and in making strategic
workforce planning and budget
decisions pursuant to 10 U.S.C. 129a.
Comments and recommendations on
the proposed information collection
should be sent to Ms. Susan Minson,
DoD Desk Officer, at Oira_submission@
omb.eop.gov. Please identify the
proposed information collection by DoD
Desk Officer, the Docket number, and
title of the information collection.
You may also submit comments,
identified by docket number and title,
by the following method: Federal
eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
DoD Clearance Officer: Ms. Angela
James. Requests for copies of the
information collection proposal should
be sent to Ms. Angela James at [email protected].
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2020–28774 Filed 12–28–20; 8:45 am]
BILLING CODE 5001–06–P

DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal No. 20–84]

Arms Sales Notification
Defense Security Cooperation
Agency, Department of Defense.
ACTION: Arms sales notice.
AGENCY:

The Department of Defense is
publishing the unclassified text of an
arms sales notification.
FOR FURTHER INFORMATION CONTACT:
Karma Job at [email protected]
or (703) 697–8976.
SUPPLEMENTARY INFORMATION: This
36(b)(1) arms sales notification is
published to fulfill the requirements of
section 155 of Public Law 104–164
dated July 21, 1996. The following is a
copy of a letter to the Speaker of the
SUMMARY:

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