Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 81637 

RECORD SOURCE CATEGORIES: 

Mortgagors, appraisers, inspectors, 

builders, mortgagee staff appraisers, 

mortgagee staff underwriters, and HUD 

employees. 

EXEMPTIONS FOR CERTAIN PROVISIONS OF THE

ACT: 

None. 

[FR Doc. 2010–32688 Filed 12–27–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

Commercial Lease for the Cape Wind 

Energy Project 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement, Interior. 

ACTION: Notice of Availability (‘‘NOA’’) 

of a Commercial Lease of Submerged 

Lands for Renewable Energy 

Development on the Outer Continental 

Shelf (‘‘OCS’’) for the Cape Wind Energy 

Project. 

SUMMARY: Pursuant to its authority 

under the Outer Continental Shelf 

Lands Act (‘‘OCSLA’’), 43 U.S.C. 1331 et 

seq., as amended; and the Renewable 

Energy and Alternate Uses of Existing 

Facilities on the Outer Continental Shelf 

Rules, 30 CFR part 285 (‘‘Rule’’), 

BOEMRE has issued a Commercial 

Lease (‘‘Lease’’) for an area of 

approximately 46 square miles on the 

OCS in Nantucket Sound off the coast 

of Cape Cod, Massachusetts. This NOA 

is being published to announce the 

availability of the Lease in accordance 

with the requirements of 30 CFR 

285.231. The Lease is for the Cape Wind 

Energy Project (‘‘Project’’) which grants 

Cape Wind Associates, LLC, (‘‘CWA’’) 

the exclusive right to conduct certain 

activities within the leased area, subject 

to the terms and conditions of the Lease, 

and applicable laws and regulations. 

The Lease requires CWA to pay $88,278 

in annual rent prior to production, and 

a two to seven percent operating fee rate 

following the start of production during 

the 33-year lease (a 5-year site 

assessment term and a 28-year 

commercial operations term). The rent 

and operating fee are based on the 

requirements set forth in 30 CFR part 

285, subpart E. The Project plan calls for 

130 wind turbines capable of generating 

a maximum electric output of 468 

megawatts with an anticipated average 

output of 183 megawatts. Construction 

and operation of the Project cannot 

begin until BOEMRE reviews and 

approves plans submitted by CWA that 

detail construction and operation of the 

Project in accordance with the Rule. 

Authority: The NOA of the Lease issuance 

is published pursuant to 30 CFR 285.231. 

SUPPLEMENTARY INFORMATION: 

Cape Wind Energy Project Description 

The Energy Policy Act of 2005 

(‘‘EPAct’’) and amendments to the 

OCSLA gave the Secretary of the 

Department of the Interior the authority 

to issue leases, easements, and rights-ofway for renewable energy activities on 

the OCS. The Secretary delegated this 

authority to BOEMRE, formerly the 

Minerals Management Service. 

Following passage of EPAct in 2005, 

CWA submitted an application for 

Project to BOEMRE. In 2009, BOEMRE 

finalized the Rule that governed the 

issuance of leases, easements, and 

rights-of-way and the regulation of 

offshore renewable energy activities. 

The Project plan calls for 130 3.6 

megawatt wind turbine generators, each 

with a maximum blade height of 440 

feet, to be arranged in a grid pattern on 

the OCS in Nantucket Sound. The 

transmission cables for the Project, if 

approved, would pass through 

Massachusetts’ submerged lands. With a 

maximum electric output of 468 

megawatts and an average anticipated 

output of 183 megawatts, the Project is 

expected to generate electricity 

equivalent to three-quarters of the Cape 

and nearby islands’ electricity needs. 

Each of the 130 wind turbine generators 

would generate electricity 

independently. Solid dielectric 

submarine inner-array cables from each 

wind turbine generator would 

interconnect within the array and 

terminate on an electrical service 

platform (‘‘ESP’’), which would serve as 

the common interconnection point for 

all of the wind turbines. The Project 

plan calls for a submarine transmission 

cable system approximately 12.5 miles 

in length from the ESP to a landfall 

location in Yarmouth, Massachusetts 

(7.6 miles of which would fall within 

the state of Massachusetts’ jurisdiction). 

Availability of the Lease: 

To obtain a single printed copy of the 

Lease, you may contact BOEMRE, Office 

of Offshore Alternative Energy Programs 

(Mail Stop 4090), 381 Elden Street, 

Herndon, Virginia 20170–4817. An 

electronic copy of the Lease is available 

at BOEMRE’s Web site at: http:// 

www.boemre.gov/offshore/ 

RenewableEnergy/CapeWind.htm. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Ocean Energy Management, 

Regulation and Enforcement, Ms. 

Maureen A. Bornholdt, Program 

Manager, Office of Offshore Alternative 

Energy Programs, MS 4090, 381 Elden 

Street, Herndon, Virginia 20170–4817, 

(703) 787–1300. 

Dated: December 20, 2010. 

L. Renee Orr, 

Acting Associate Director for Offshore Energy 

and Minerals Management. 

[FR Doc. 2010–32672 Filed 12–27–10; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R4–ES–2010–N247; 40120–1113– 

0000–C2] 

Endangered and Threatened Wildlife 

and Plants; Notice of Availability of the 

St. Andrew Beach Mouse Recovery 

Plan 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of document availability. 

SUMMARY: We, the Fish and Wildlife 

Service, announce the availability of the 

recovery plan for the St. Andrew beach 

mouse (Peromyscus polionotus 

peninsularis). The recovery plan 

includes specific recovery objectives 

and criteria to be met in order to 

reclassify this species to threatened 

status and delist it under the 

Endangered Species Act of 1973, as 

amended (Act). 

ADDRESSES: You can obtain copies of the 

St. Andrew beach mouse recovery plan 

by contacting the Panama City Field 

Office, U.S. Fish and Wildlife Service, 

1601 Balboa Avenue, Panama City, FL 

32405 (telephone (850) 769–0552) or by 

visiting our Web site at http:// 

endangered.fws.gov/recovery/ 

index.html#plans or http://fws.gov/ 

panamacity/. 

FOR FURTHER INFORMATION CONTACT: Ben 

Frater at the above address (telephone 

850/769–0552, ext. 248; TTY users may 

contact Mr. Frater through the Federal 

Relay Service at (800) 877–8339). 

SUPPLEMENTARY INFORMATION: 

Background 

The St. Andrew beach mouse was 

listed as endangered on December 18, 

1998 (63 FR 70053). The endangered St. 

Andrew beach mouse is now found in 

two populations: East Crooked Island, 

Bay County, Florida, and St. Joseph 

Peninsula, Gulf County, Florida. 

The St. Andrew beach mouse inhabits 

the frontal dunes (which are composed 

of the primary and secondary dunes) 

and adjacent inland scrub dunes within 

the coastal ecosystem. Beach mice 


emcdonald on DSK2BSOYB1PROD with NOTICES
81638 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 

require well-developed dune systems in 

which to live out their life cycle. They 

dig their burrows into the face of the 

dunes near vegetative cover. Their diet 

is comprised primarily of the seeds and 

fruits of plants within their dune 

habitat, with insects providing seasonal 

supplements. 

Threats to the St. Andrew beach 

mouse include habitat loss/alteration 

from land development and associated 

human use, hurricanes and other 

tropical storm events, nonnative 

predators, and recreational activities 

associated with development and 

tourism that weaken and encroach on 

the dune ecosystem. Availability of 

suitable habitat may be a limiting factor 

during periods of population expansion 

or following catastrophic weather 

events. Due to the species’ limited range 

and fragmentation of its habitat, these 

threats combined continue to present a 

threat to the species’ existence. 

Restoring an endangered or 

threatened animal or plant to the point 

where it is again a secure, selfsustaining member of its ecosystem is a 

primary goal of our endangered species 

program. To help guide the recovery 

effort, we are preparing recovery plans 

for most listed species. Recovery plans 

describe actions considered necessary 

for conservation of the species, establish 

criteria for downlisting or delisting, and 

estimate time and cost for implementing 

recovery measures. 

The Act (16 U.S.C. 1533 et seq.) 

requires the development of recovery 

plans for listed species, unless such a 

plan would not promote the 

conservation of a particular species. 

Section 4(f) of the Act requires us to 

provide a public notice and an 

opportunity for public review and 

comment during recovery plan 

development. We made the draft St. 

Andrew beach mouse recovery plan 

available for public comment from April 

22, 2009 through June 22, 2009 (74 FR 

18403). We considered information we 

received during the public comment 

period and information from peer 

reviewers in our preparation of this final 

recovery plan. We will forward 

substantive comments to other Federal 

agencies so that each agency can 

consider these comments in 

implementing approved recovery plans. 

Recovery Plan Components 

The objective of this plan is to 

provide a framework for the recovery of 

the St. Andrew beach mouse, so that 

protection under the Act is no longer 

necessary. The plan presents criteria for 

reclassifying and delisting the beach 

mouse. As these criteria are met, the 

status of the species will be reviewed 

and it will be considered for 

reclassification or removal from the 

Federal List of Endangered and 

Threatened Wildlife. 

The St. Andrew beach mouse will be 

considered for downlisting to 

threatened status when the following 

criteria are achieved: 

1. Stable or increasing population 

trends are maintained at St. Joseph 

Peninsula State Park and East Crooked 

Island on Tyndall Air Force Base over 

a 10-year period based on data obtained 

from accepted standardized monitoring 

methods. 

2. An additional viable or self 

sustaining population is reestablished at 

St. Joe Beach that shows a stable or 

increasing trend, after the initial 

repopulation of unoccupied habitat, 

over a 10-year period based on data 

obtained from accepted standardized 

monitoring methods. 

3. At least 87 percent of designated St. 

Andrew beach mouse critical habitat is 

protected and under a management plan 

that addresses conservation of beach 

mice. The plans, at a minimum, address 

the following: 

(a) Impact of commercial/residential 

development and recreational use, 

including that of pedestrians and 

motorized vehicles, to beach mouse 

habitat. 

(b) Impact of shoreline erosion to 

beach mouse habitat. 

(c) Impact of artificial lighting on 

beach mouse habitat. 

(d) Control of feral cats and hogs in 

beach mouse habitat. 

4. In areas with known populations of 

beach mice (Tyndall Air Force Base’s 

property at East Crooked Island, St. 

Joseph Peninsula State Park, and their 

respective adjacent private lands), nonnative predators, including free roaming 

cats and cat colonies, are controlled at 

levels in which they do not pose a threat 

to beach mice. 

5. County or local government, within 

the range of the St. Andrew beach 

mouse, have regulations or other 

protection mechanisms that: 

(a) Minimize impacts to dunes in 

beach mouse habitat due to recreational 

use. 

(b) Prohibit free-roaming cats and cat 

colonies. 

(c) Minimize impacts of commercial 

and residential developments in 

primary, secondary, and scrub dunes. 

Measures include minimizing 

footprints; preserving connectivity 

between primary, secondary and scrub 

dunes; using native landscaping; and 

constructing boardwalks over dunes for 

beach access. 

(d) Minimize impacts of artificial 

lighting in beach mouse habitat by 

requiring sea turtle lighting, in areas 

visible from the beach and wildlife 

lighting, in areas not visible from the 

beach. 

6. An emergency response plan is 

prepared to prevent extirpation of any 

population of St. Andrew beach mice 

from tropical storms/hurricanes and 

other disasters. 

7. If determined to be necessary, an 

Action Plan is prepared to address the 

potential threat of cross-breeding with 

Choctawhatchee beach mice from West 

Crooked Island. 

8. House mice are controlled in areas 

with known populations of beach mice 

at levels in which they do not pose a 

threat to the population(s). 

The St. Andrew beach mouse will be 

considered for removal from the Federal 

List of Endangered and Threatened 

Wildlife when the following criteria are 

achieved: 

1. Stable or increasing population 

trends are maintained at St. Joseph 

Peninsula State Park, East Crooked 

Island on Tyndall Air Force Base, and 

St. Joe Beach over a 20-year period 

based on data obtained from accepted 

standardized monitoring methods. 

2. An additional viable population is 

reestablished at Cape San Blas, Eglin Air 

Force Base, and has a stable or 

increasing population trend over a 10- 

year period based on data obtained from 

standardized monitoring methods. 

3. All designated St. Andrew beach 

mouse critical habitat on public land is 

protected and under a management plan 

that addresses conservation of beach 

mice, priority is given to those lands 

that provide connectivity. The plans, at 

a minimum, manage for the following: 

(a) Impact of commercial/residential 

development and recreational use, 

including that of pedestrians and 

motorized vehicles, to beach mouse 

habitat. 

(b) Impact of shoreline erosion to 

beach mouse habitat. 

(c) Impact of artificial lighting on 

beach mouse habitat. 

(d) Control of feral cats and hogs, 

including free ranging cats in beach 

mouse habitat. 

4. Within all critical habitat that is 

protected and under a management 

plan, non-native predators, including 

free roaming cats and cat colonies, are 

controlled at levels in which they do not 

pose a threat to beach mice. 

5. County or local government 

regulations or other protection 

mechanisms as set forth in the 

downlisting criteria have adequate 

compliance and enforcement. 

6. House mice continue to be deemed 

a minimal or no threat to St. Andrew 

beach mouse populations. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 81639 

Authority 

The authority for this action is section 

4(f) of the Endangered Species Act, 16 

U.S.C. 1533(f). 

Dated: October 25, 2010. 

Mark J. Musaus, 

Acting Regional Director, Southeast Region. 

[FR Doc. 2010–32666 Filed 12–27–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Renewal of Agency Information 

Collection for No Child Left Behind Act 

Implementation; Request for 

Comments 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of submission to the 

Office of Management and Budget. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Bureau of Indian Education (BIE or 

Bureau) is submitting to the Office of 

Management and Budget (OMB) for 

renewal the collection of information for 

implementation of certain regulations 

implementing the No Child Left Behind 

Act. The information collection is 

currently authorized by OMB Control 

Number 1076–0163, which expires 

December 31, 2010. 

DATES: Interested persons are invited to 

submit comments on or before January 

27, 2011. 

ADDRESSES: You may submit comments 

on the information collection to the 

Desk Officer for the Department of the 

Interior at the Office of Management and 

Budget, by facsimile to (202) 395–5806 

or you may send an e-mail to: 

OIRA_DOCKET@ omb.eop.gov. Please 

send a copy of your comments to Brandi 

Sweet, Program Analyst, Bureau of 

Indian Education, Mail Stop 3623–MIB, 

1849 C Street, NW., Washington, DC 

20240; or by e-mail to 

Brandi.Sweet@bie.edu. 

FOR FURTHER INFORMATION CONTACT: 

Brandi Sweet (202) 208–5504. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The BIE is seeking renewal of the 

approval for the information collection 

conducted under 25 CFR parts 30, 37, 

39, 42, 44, and 47 under OMB Control 

Number 1076–0163. This information 

collection is necessary to implement 

Public Law 107–110, No Child Left 

Behind Act of 2001 (NCLB). The NCLB 

requires all schools, including Bureaufunded schools, to ensure that all 

children have a fair, equal, and 

significant opportunity to obtain a highquality education and reach, at a 

minimum, proficiency on challenging 

academic achievement standards and 

assessments. The BIE has promulgated 

several regulations implementing the 

NCLB Act. This OMB Control Number 

addresses the information collected 

under the following regulations. 

• 25 CFR part 30—Adequate Yearly 

Progress (AYP). Tribes/school boards 

may request an alternative to the 

established AYP definition or standards. 

Tribes/school boards may provide 

evidence that BIE made an error in 

identifying the school for improvement. 

Achievement, attendance and 

graduation rates are collected from 

schools to facilitate yearly calculation of 

AYP. 

• 25 CFR part 37—Geographic 

Boundaries. This part establishes 

procedures for confirming, establishing, 

or revising attendance areas for each 

Bureau-funded school. Tribes and 

school boards must submit certain 

information to BIE to propose a change 

in geographic boundaries. 

• 25 CFR part 39—Indian School 

Equalization Program (ISEP). This part 

provides for the uniform direct funding 

of Bureau-operated and tribally operated 

day schools, boarding schools, and 

dormitories. Auditors of schools, to 

ensure accountability in student counts 

and student transportation, must certify 

that they meet certain qualifications and 

have conducted a conflict of interest 

check. Schools must submit information 

to BIE to apply for funds in the event 

of an emergency or unforeseen 

contingency. 

• 25 CFR part 42—Student Rights. 

The purpose of this part is to govern 

student rights and due process 

procedures in disciplinary proceedings 

in all Bureau-funded schools. This part 

requires the school to provide notice of 

disciplinary charges, provide a copy of 

the hearing of record, and provide a 

student handbook. 

• 25 CFR part 44—Grants under the 

Tribally Controlled Schools Act. The 

purpose of this part is to establish who 

is eligible for a grant and requires tribes 

to submit information to BIE to 

retrocede a program to the Secretary. 

• 25 CFR part 47—Uniform Direct 

Funding and Support for Bureauoperated Schools. This part contains the 

requirements for developing local 

educational financial plans in order to 

receive direct funding from the Bureau. 

This part requires school supervisors to 

submit quarterly reports to school 

boards; submit a notice of appeal to the 

BIE for a decision where agencies 

disagree over expenditures; make 

certain certifications in financial plans; 

and send the plan and documentation to 

the BIE or submit a notice of appeal. 

II. Request for Comments 

The BIE requests that you send your 

comments on this collection to the 

location listed in the ADDRESSES section. 

Your comments should address: (a) The 

necessity of the information collection 

for the proper performance of the 

agencies, including whether the 

information will have practical utility; 

(b) the accuracy of our estimate of the 

burden (hours and cost) of the collection 

of information, including the validity of 

the methodology and assumptions used; 

(c) ways we could enhance the quality, 

utility and clarity of the information to 

be collected; and (d) ways we could 

minimize the burden of the collection of 

the information on the respondents, 

such as through the use of automated 

collection techniques or other forms of 

information technology. 

Please note that an agency may not 

sponsor or conduct, and an individual 

need not respond to, a collection of 

information unless it has a valid OMB 

Control Number. 

It is our policy to make all comments 

available to the public for review at the 

location listed in the ADDRESSES section 

during the hours of 9 a.m.–5 p.m., 

Eastern Time, Monday through Friday 

except for legal holidays. Before 

including your address, phone number, 

e-mail address or other personally 

identifiable information, be advised that 

your entire comment—including your 

personally identifiable information— 

may be made public at any time. While 

you may request that we withhold your 

personally identifiable information, we 

cannot guarantee that we will be able to 

do so. 

III. Data 

OMB Control Number: 1076–0163. 

Title: No Child Left Behind, 25 CFR 

30, 37, 39, 42, 44, and 47. 

Brief Description of Collection: 

Pursuant to NCLB implementing 

regulations, Bureau-funded schools 

must provide certain information if they 

wish to use alternative AYP standards, 

change their geographic boundaries, 

obtain contingency funds, retrocede a 

program, or obtain direct funding from 

the Bureau through submission of a 

local educational financial plan. For 

these items, a response is required to 

obtain a benefit (continued 

supplementary program funding). In 

addition, all Bureau-funded schools 

must provide students with written 

notice of disciplinary charges, a copy of 

the hearing record, and student 


emcdonald on DSK2BSOYB1PROD with NOTICES