85602 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 

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 

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 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: 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 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 85603 

1 17 CFR 145.9. 

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 

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: 

gscopino@cftc.gov, 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. 

• 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 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES
85604 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 

2Public Law 110–246, 122 Stat. 1651, 2189–220 

(2008). 

3See Regulation of Off-Exchange Retail Foreign 

Exchange Transactions and Intermediaries, 75 FR 

55410, 55416 (Sept. 10, 2010). 

4The OMB control numbers for the CFTC 

regulations were published on December 30, 1981. 

See 46 FR 63035 (Dec. 30, 1981). 

5This figure has been rounded to the nearest one: 

2,864.972 to 2865. 

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] 

BILLING CODE 6351–01–P 

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 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Notice. 

SUMMARY: 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 

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 whs.mcalex.esd.mbx.dd-dod-informationcollections@mail.mil. 

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 

AGENCY: Defense Security Cooperation 

Agency, Department of Defense. 

ACTION: Arms sales notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of an 

arms sales notification. 

FOR FURTHER INFORMATION CONTACT: 

Karma Job at karma.d.job.civ@mail.mil 

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 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES