Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 25435 

percent for transient killer whales, and 

1.3 percent for harbor porpoises; the 

proposed numbers are less than 1 

percent for the remaining species. 

However, even these low numbers 

represent potential instances of take, not 

the number of individuals taken. That 

is, it is likely that a relatively small 

subset of Hood Canal harbor seals, 

which is itself a small subset of the 

regional stock, would be harassed by 

project activities. 

For example, while the available 

information and formula estimate that 

as many as 737 exposures of harbor 

seals to stimuli constituting Level B 

harassment could occur, that number 

represents some portion of the 

approximately 1,088 harbor seals 

resident in Hood Canal (approximately 

7 percent of the regional stock) that 

could potentially be exposed to sound 

produced by pile removal activities on 

multiple days during the project. No 

rookeries are present in the project area, 

there are no haul-outs other than those 

provided opportunistically by manmade objects, and the project area is not 

known to provide foraging habitat of 

any special importance. Repeated 

exposures of individuals to levels of 

sound that may cause Level B 

harassment are unlikely to result in 

hearing impairment or to significantly 

disrupt foraging behavior. Thus, even 

repeated Level B harassment of some 

small subset of the overall stock is 

unlikely to result in any significant 

realized decrease in viability for Hood 

Canal harbor seals, and thus would not 

result in any adverse impact to the stock 

as a whole. 

NMFS has preliminarily determined 

that the impact of the previously 

described wharf rehabilitation project 

may result, at worst, in a temporary 

modification in behavior (Level B 

harassment) of small numbers of marine 

mammals. No injury, serious injury, or 

mortality is anticipated as a result of the 

specified activity, and none is proposed 

to be authorized. Additionally, animals 

in the area are not expected to incur 

hearing impairment (i.e., TTS or PTS) or 

non-auditory physiological effects. For 

pinnipeds, the absence of any major 

rookeries and only a few isolated and 

opportunistic haul-out areas near or 

adjacent to the project site means that 

potential takes by disturbance would 

have an insignificant short-term effect 

on individuals and would not result in 

population-level impacts. Similarly, for 

cetacean species the absence of any 

known regular occurrence adjacent to 

the project site means that potential 

takes by disturbance would have an 

insignificant short-term effect on 

individuals and would not result in 

population-level impacts. Due to the 

nature, degree, and context of 

behavioral harassment anticipated, the 

activity is not expected to impact rates 

of recruitment or survival. 

While the number of marine 

mammals potentially incidentally 

harassed would depend on the 

distribution and abundance of marine 

mammals in the vicinity of the survey 

activity, the number of potential 

harassment takings is estimated to be 

small relative to regional stock or 

population number, and has been 

mitigated to the lowest level practicable 

through incorporation of the proposed 

mitigation and monitoring measures 

mentioned previously in this document. 

This activity is expected to result in a 

negligible impact on the affected species 

or stocks. The eastern DPS of the Steller 

sea lion is listed as threatened under the 

ESA; no other species for which take 

authorization is requested are either 

ESA-listed or considered depleted 

under the MMPA. 

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 the 

proposed wharf construction project 

would result in the incidental take of 

small numbers of marine mammals, by 

Level B harassment only, and that the 

total taking from the activity would 

have a negligible impact on the affected 

species or stocks. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

No tribal subsistence hunts are held 

in the vicinity of the project area; thus, 

temporary behavioral impacts to 

individual animals would not affect any 

subsistence activity. Further, no 

population or stock level impacts to 

marine mammals are anticipated or 

authorized. As a result, no impacts to 

the availability of the species or stock to 

the Pacific Northwest treaty tribes are 

expected as a result of the proposed 

activities. Therefore, no relevant 

subsistence uses of marine mammals are 

implicated by this action. 

Endangered Species Act (ESA) 

There are two ESA-listed marine 

mammal species with known 

occurrence in the project area: The 

eastern DPS of the Steller sea lion, listed 

as threatened, and the humpback whale, 

listed as endangered. Because of the 

potential presence of these species, the 

Navy has requested a formal 

consultation with the NMFS Northwest 

Regional Office under section 7 of the 

ESA. NMFS’ Office of Protected 

Resources has also initiated formal 

consultation on its authorization of 

incidental take of Steller sea lions. 

These consultations are in progress. 

These species do not have critical 

habitat in the action area. 

National Environmental Policy Act 

(NEPA) 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), as implemented by 

the regulations published by the 

Council on Environmental Quality (40 

CFR parts 1500–1508), and NOAA 

Administrative Order 216–6, the Navy 

prepared an Environmental Assessment 

(EA) to consider the direct, indirect and 

cumulative effects to the human 

environment resulting from the pile 

replacement project. NMFS adopted that 

EA in order to assess the impacts to the 

human environment of issuance of an 

IHA to the Navy. NMFS signed a 

Finding of No Significant Impact 

(FONSI) on May 17, 2011. On the basis 

of new information related to the 

occurrence of marine mammals in the 

Hood Canal, the Navy is preparing a 

supplement to that EA. NMFS will 

review that document and, if 

appropriate, issue a new FONSI. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of marine mammals 

incidental to the Navy’s wharf 

rehabilitation project, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Dated: April 24, 2012. 

Helen M. Golde, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–10370 Filed 4–27–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB109 

Taking and Importing Marine 

Mammals; Naval Explosive Ordnance 

Disposal School Training Operations 

at Eglin Air Force Base, Florida 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

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25436 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 

ACTION: Notice; issuance of a Letter of 

Authorization (LOA). 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that a LOA 

has been issued to the U.S. Department 

of the Air Force, Headquarters 96th Air 

Base Wing (U.S. Air Force), Eglin Air 

Force Base (Eglin AFB) to take marine 

mammals, by Level B harassment, 

incidental to Naval Explosive Ordnance 

Disposal School (NEODS) training 

operations at Eglin AFB, Florida from 

approximately April, 2012, to April, 

2017. The U.S. Air Force activities are 

considered military readiness activities 

pursuant to the MMPA, as amended by 

the National Defense Authorization Act 

of 2004 (NDAA). 

DATES: Effective April 23, 2012, through 

April 24, 2017. 

ADDRESSES: The LOA and supporting 

documentation are available by writing 

to P. Michael Payne, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3225, by telephoning one of the contacts 

listed here (see FOR INFORMATION

CONTACT), or online at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. NMFS has 

prepared an Environmental Assessment 

titled ‘‘Environmental Assessment on 

the Promulgation of Regulations and the 

Issuance of Letters of Authorization to 

Take Marine Mammals, by Level B 

Harassment, Incidental to Naval 

Explosive Ordnance Disposal School 

Training Operations at Eglin Air Force 

Base, Florida’’ (EA) and Finding of No 

Significant Impact (FONSI) in 

accordance with the National 

Environmental Policy Act (NEPA) as 

implemented by regulations published 

by the Council on Environmental 

Quality (CEQ). 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Jolie Harrison, 

Office of Protected Resources, NMFS, 

301–427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Paragraphs 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (Secretary), 

upon request, to allow for a period of 

not more than five years, the incidental, 

but not intentional, taking of marine 

mammals by U.S. citizens who engage 

in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and regulations are issued. 

Alternatively, if the taking is limited to 

harassment, certain determinations are 

made and the authorization does not 

exceed one year, an IHA may be issued. 

Upon making a finding that an 

application for incidental take is 

adequate and complete, NMFS 

commences the incidental take 

authorization process by publishing in 

the Federal Register a notice of receipt 

of an application for the implementation 

of regulations or a proposed IHA 

initiating a period for public review and 

comment. 

An authorization for the incidental 

takings may be granted if NMFS finds 

that the taking during the period for the 

authorization will have a negligible 

impact on the species or stock(s) of 

marine mammals, will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring, and reporting of 

such takings are set forth to achieve the 

least practicable adverse impact. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as: ‘‘* * * 

an impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ 

The National Defense Authorization 

Act of 2004 (NDAA) (Pub. L. 108–36) 

modified the MMPA by removing the 

‘‘small numbers’’ and ‘‘specified 

geographic region’’ limitations and 

amended the definition of ‘‘harassment’’ 

as it applies to a ‘‘military readiness 

activity’’ to read as follows (section 

3(18)(B) of the MMPA): ‘‘(i) Any act that 

injures or has the significant potential to 

injure a marine mammal or marine 

mammal stock in the wild (Level A 

harassment); or (ii) any act that disturbs 

or is likely to disturb a marine mammal 

or marine mammal stock in the wild by 

causing disruption of natural behavioral 

patterns, including, but not limited to, 

migration, surfacing, nursing, breeding, 

feeding, or behavioral patterns are 

abandoned or significantly altered 

(Level B harassment).’’ 

Summary of Request 

On November 6, 2009, NMFS received 

an application from the U.S. Air Force 

requesting an authorization for the take 

of marine mammals incidental to 

NEODS training operations. These 

training operations are properly 

considered ‘‘military readiness activity’’ 

under the provisions of the NDAA. On 

January, 15, 2010, NMFS published 

notification of receipt (75 FR 2490) in 

the Federal Register for the U.S. Air 

Force’s NEODS training operations and 

determined that its application was 

adequate and complete. The Federal 

Register notice solicited comments from 

the public. After the close of the public 

comment period and review of 

comments, NMFS, on October 1, 2010, 

NMFS published a notification of a 

proposed rule (75 FR 60694) with the 

text of the proposed rule in the Federal 

Register for the U.S. Air Force’s NEODS 

training operations. The Federal 

Register notice solicited public 

comments on the preliminary approach 

taken in the proposed rule. On 

November 30, 2010, NMFS received a 

revised application from the U.S. Air 

Force which addressed public 

comments received during the comment 

period for the proposed rule. The 

application re-estimated the Zones of 

Influence (ZOI) and associated takes on 

revised thresholds for Level A and Level 

B harassment. On December 5, 2011, 

NMFS received a revised application 

from the U.S. Air Force with revised 

monitoring and mitigation measures to 

reduce the potential for lethal take of 

bottlenose dolphins due to an event 

involving the mortality of common 

dolphins associated with similar 

explosive training operations at the U.S. 

Navy’s Silver Strand Training Complex 

near San Diego, California. On March 

22, 2012, NMFS published a notice of 

final rule (77 FR 16718) and final 

regulation in the Federal Register 

authorizing take by Level B harassment 

of Atlantic bottlenose dolphins 

(Tursiops truncatus) incidental to the 

U.S. Air Force’s NEODS training 

operations. The final regulations are 

codified in the Code of Federal 

Regulations at 50 CFR 217.80–89. 

Pursuant to these regulations, NMFS 

is issuing this LOA to authorize the 

take, by Level B (behavioral) 

harassment, of Atlantic bottlenose 

dolphins incidental to conducting 

NEODS training operations and testing 

at Eglin Gulf Test and Training Range 

(EGTTR) at property off Santa Rosa 

Island, FL, in the northern Gulf of 

Mexico (GOM) in accordance with the 

issuance of one or more Letters of 

Authorization over a 5-year period. 

Estimated take would average 

approximately 10 animals per year; 

approximately 50 animals over the 

5-year period. 

Specified Activities 

The specified activities covered by 

this 5-year LOA are identical to those 

covered in the regulations. NEODS 

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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 25437 

missions involve underwater 

detonations of small, live explosive 

charges adjacent to inert mines. The 

NEODS may conduct up to eight twoday demolition training events 

annually; these missions may occur at 

any time of the year. Each demolition 

training event involves a maximum of 

five detonations. Up to 20 five-pound 

(lb) charges (five lbs net explosive 

weight [NEW] per charge) and 20 ten-lb 

charges (ten lbs NEW per charge) would 

be detonated annually in the GOM, 

approximately three nautical miles (5.6 

kilometers) offshore of Eglin AFB. 

Detonations would be conducted on the 

sea floor, adjacent to an inert mine, at 

a depth of approximately 60 feet (18.3 

meters). Additional information on the 

NEODS training operations is contained 

in the application and final rule, which 

is available upon request (see 

ADDRESSES). 

Mitigation and Monitoring 

The mitigation and monitoring 

included in this LOA are identical to 

those required by the governing 

regulations. In summary, they include: 

(1) The time of detonation will be 

limited to daylight hours (i.e., an hour 

after sunrise and an hour before sunset); 

(2) NEODS missions would be 

delayed if the Beaufort sea state is 

greater than scale number three (i.e., if 

whitecaps cover more than 50 percent of 

the surface or waves are greater than 0.9 

meters (m) (3 feet [ft]) to ensure 

visibility of marine mammals to 

observers); 

(3) Time delays longer than 10 

minutes will not be used and initiation 

of the timer device will not start until 

the mitigation-monitoring zone is clear 

of marine mammals for 30 minutes; 

(4) Observers on boats and/or 

helicopters will conduct monitoring 

pre-mission, throughout the mission, 

and post-mission for the presence of 

marine mammals and other protected 

species indicators; 

(5) NEODS mission would be 

postponed or suspended if marine 

mammals and/or large concentrations of 

protected species indicators are 

observed within or about to enter the 

mitigation-monitoring zone: 

(6) After a delay due to the 

aforementioned wildlife being detected 

in the mitigation-monitoring zone, the 

mission would not be continued until 

the wildlife in question is confirmed to 

be outside the mitigation-monitoring 

zone, the animal(s) are moving away 

from the mission area, and the animal(s) 

does not re-enter the mitigationmonitoring zone for 30 minutes; and 

(7) Post-mission monitoring would be 

conducted to report any injured, 

seriously injured, or dead marine 

mammals. 

Negligible Impact Determination 

As analyzed and described in further 

detail in the preamble to the final 

regulations, taking authorized under the 

regulations will have a negligible impact 

on the affected species and stocks of 

marine mammals. 

Authorization 

Accordingly, NMFS has issued an 

LOA to the U.S. Air Force authorizing 

takes of marine mammals incidental to 

NEODS training operations at Eglin 

AFB. Issuance of this LOA was based on 

NMFS’s determination that the total 

number of marine mammals taken by 

the activity as a whole shall have no 

more than a negligible impact on the 

affected marine mammal species, 

Atlantic bottlenose dolphin. The basis 

for this determination is described in 

the preamble to the final rule (77 FR 

16718, March 22, 2012). NMFS also 

determined that the LOA will not have 

an unmitigable adverse impact on the 

availability of the affected marine 

mammal stocks for subsistence uses. 

Dated: April 24, 2012. 

Helen M. Golde, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–10376 Filed 4–27–12; 8:45 am] 

BILLING CODE 3510–22–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

Submission for OMB Review; 

Comment Request 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau), as part of 

its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3507(a)(1)(D)). The Bureau is soliciting 

comments regarding the information 

collection requirements relating to the 

Equal Credit Opportunity Act that have 

been submitted to the Office of 

Management and Budget for review and 

approval. A copy of the submission may 

be obtained by contacting the agency 

contact listed below. 

DATES: Written comments are 

encouraged and must be received on or 

before May 30, 2012 to be assured of 

consideration. 

ADDRESSES: You may submit comments, 

identified by OMB number 3170–0013, 

by any of the following methods: 

• Agency Contact: Consumer 

Financial Protection Bureau (Attention: 

PRA Office), 1700 G Street NW., 

Washington, DC 20552: (202) 435–7741: 

CFPB_Public_PRA@cfpb.gov. 

• OMB Reviewer: Shagufta Ahmed, 

Office of Management and Budget, New 

Executive Office Building, Room 10235, 

Washington, DC 20503; (202) 395–7873. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Joseph Durbala, 

(202) 435–7893, at the Consumer 

Financial Protection Bureau, (Attention: 

Joseph Durbala, PRA Office) 1700 G 

Street NW., Washington, DC 20552, or 

through the internet at 

CFPB_Public_PRA@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Equal Credit Opportunity Act 

(Regulation B) 12 CFR Part 1002. 

OMB Number: 3170–0013. 

Abstract: Federal and state 

enforcement agencies and private 

litigants use recordkeeping information 

to, for example, compare accepted and 

rejected applicants or the terms and 

conditions of accepted applicants in 

order to determine whether applicants 

are treated less favorably on the basis of 

race, sex, age, or other prohibited bases 

under the Equal Credit Opportunity Act 

(ECOA). Information derived from these 

records provides an important piece of 

evidence of law violations in ECOA 

enforcement actions brought by Federal 

agencies. Self-testing records (including 

for corrective action) are used by 

creditors to identify potential violations 

and reflect their efforts to correct the 

problem. Absent the Regulation B 

requirement that creditors retain 

monitoring information, the CFPB’s and 

other agencies’ ability to detect 

unlawful discrimination and enforce the 

ECOA would be significantly impaired. 

The CFPB, other agencies, and private 

litigants use adverse action notices, 

appraisal reports, and other information 

in the application file to compare 

applicants in order to determine 

whether any applicants are 

discriminated against on the basis of 

race/national origin, sex, marital status, 

age, or other prohibited bases under the 

ECOA. The adverse action notice 

requirement apprises applicants of their 

rights under the ECOA and of the basis 

for a creditor’s decision. Applicants use 

their copy of the appraisal to review 

(and possibly challenge) the accuracy 

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