Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 47563 

The Navy estimates the number of 

hauled out seals within the lagoon using 

census data obtained during groundbased surveys of the lagoon by staff of 

the Point Mugu Environmental Division. 

To estimate the likely potential numbers 

of harbor seals that might be hauled out 

within the lagoon during the September 

period of the activity, the Navy 

calculated using the low counts in 

September from 2003–2008, as low 

counts are usually associated with 

higher tides when the activity is 

planned to occur. The mean number of 

low counts is 57 seals. Take would be 

expected at the beginning of the exercise 

as boats are put into the water and seals 

would be slowly moved off the haul-out. 

Using mean low numbers for the month 

of September since 2003, 57 seals could 

be disturbed and move into the water 

each time the boats are launched (days 

2–4). Seals would likely move to a 

mudflat away from the boom exercise 

activity. However once boats are 

finished deploying the boom and boats 

return to shore, seals may return to 

mudflats in the immediate area. In the 

event NBVC staff need to return to the 

water to check or adjust the boom, there 

is a possibility there could be another 

displacement of seals from the mudflats 

in the project area. NBVC has projected 

that it may be necessary to return to the 

site three times during the day, meaning 

that there would be three opportunities 

for seals to return to the exercise area 

each day (57 seals x 3 movements x 3 

days), which would equal 513 

individual displacement events (i.e., 

takes). If the boom placement is 

successful, it would likely lead to fewer 

disturbance events. However, if the 

boom placement is problematic, this 

could result in additional disturbance 

events. Moreover, these numbers are 

likely overestimations of actual take 

estimates, as harbor seal counts are not 

conducted during high tide events due 

to low numbers of seals. Therefore, 

based on these considerations, NMFS 

has authorized 513 takes of harbor seals 

by Level B behavioral harassment 

incidental to NBVC Point Mugu’s boom 

exercise drill. 

Negligible Impact and Small Numbers 

Analysis and Determination 

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.’’ In making a 

negligible impact determination, NMFS 

considers: (1) the number of anticipated 

mortalities; (2) the number and nature of 

anticipated injuries; (3) the number, 

nature, and intensity, and duration of 

Level B harassment; and (4) the context 

in which the takes occur. 

No injuries or mortalities are 

anticipated to occur as a result of NBVC 

Point Mugu’s boom exercise drills, and 

none are authorized. Takes will be 

limited to Level B behavioral 

harassment over a 3 day period in the 

month of September (which may 

possibly slip to October or November, 

depending on contractor availability). 

As mentioned previously, NMFS 

estimates that 513 harbor seal takes may 

occur as a result of the activity. It is 

possible that some individual animals 

may be taken more than once if the 

animal returns to the site on one of the 

later days of the exercise. 

There is no habitat of significance for 

this species. While Mugu Lagoon is one 

of the few mainland pupping sites for 

harbor seals, the activity will occur 

outside of the harbor seal pupping 

season of February through April. While 

these haul-out sites are used for resting 

throughout the year, few (if any) seals 

are expected to be found on the haulouts during the drill because the activity 

will occur at high tide when most 

animals are in the water. Additionally, 

there are other haul-out sites in other 

parts of the lagoon that seals can use 

during the exercise. The activity is not 

expected to impact rates of recruitment 

or survival of harbor seals since no 

mortality (which would remove 

individuals from the population) or 

injury are anticipated to occur. Only 

short-term Level B behavioral 

harassment is anticipated to occur over 

a very short period of time (maximum 

of 3 days), occurring at very limited 

times of the day. Additionally, the 

activity would occur at a time of year 

when breeding does not occur. 

Harbor seals are not listed as 

threatened or endangered under the 

ESA. Additionally, the California stock 

of harbor seals is not listed as depleted 

under the MMPA. Survey counts 

conducted by NBVC Point Mugu 

Environmental Division staff indicate 

that numbers of harbor seals have 

increased with an average of 83 seals in 

1992 to an average of 231 seals in 2006. 

The most recent SAR for the 

California stock of harbor seals provides 

a population estimate of 34,233 

individuals (Carretta et al., 2009). The 

take estimate of 513 individuals 

represents 1.5 percent of the stock size. 

This estimate does not take into account 

that survey data is collected during 

lower tides when more animals are 

likely to be present on the haul-out sites 

and the fact that three events may not 

need to occur per day on each of the 

three days. Therefore, it is estimated 

that 1.5 percent of the California stock 

of harbor seals will be taken by Level B 

behavioral harassment during the 

planned exercise if no animals are taken 

more than once. 

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 finds that NBVC Point Mugu’s 

boom deployment exercise will result in 

the incidental take of small numbers of 

marine mammals, by Level B 

harassment only, and that the total 

taking from the boom deployment 

exercise 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. 

Endangered Species Act (ESA) 

No species listed under the ESA are 

expected to be affected by these 

activities. Therefore, NMFS has 

determined that a section 7 consultation 

under the ESA is not required. 

National Environmental Policy Act 

(NEPA) 

In compliance with the NEPA of 1969 

(42 U.S.C. 4321 et seq.), a final 

determination has been made that the 

activity is categorically excluded from 

the requirement to prepare an 

environmental assessment or an 

environmental impact statement. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to NBVC Point 

Mugu for the take of harbor seals 

incidental to boom deployment 

exercises at Point Mugu, California, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: September 10, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–22329 Filed 9–15–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 


srobinson on DSKHWCL6B1PROD with NOTICES
47564 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management, invites 

comments on the proposed information 

collection requests as required by the 

Paperwork Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

November 16, 2009. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

The Department of Education is 

especially interested in public comment 

addressing the following issues: (1) Is 

this collection necessary to the proper 

functions of the Department; (2) will 

this information be processed and used 

in a timely manner; (3) is the estimate 

of burden accurate; (4) how might the 

Department enhance the quality, utility, 

and clarity of the information to be 

collected; and (5) how might the 

Department minimize the burden of this 

collection on the respondents, including 

through the use of information 

technology. 

Dated: September 11, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Office of Special Education and 

Rehabilitative Services 

Type of Review: Extension. 

Title: State Plan for Independent 

Living (SPIL). 

Frequency: Every three years. 

Affected Public: Federal Government; 

Not-for-profit institutions; State, Local, 

or Tribal Gov’t, SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 56. 

Burden Hours: 3,360. 

Abstract: States wishing to receive 

funding under the State Independent 

Living Services (SILS) and Centers for 

Independent Living (CIL) programs 

must submit an approvable three-year 

State Plan for Independent Living (SPIL) 

to the Rehabilitation Services 

Administration (RSA). The purpose of 

these programs is to promote the 

independent living philosophy—based 

on consumer control, peer support, selfhelp, self-determination, equal access 

and individual and systems advocacy— 

to maximize the leadership, 

empowerment, independence and 

productivity of individuals with 

significant disabilities and to promote 

and maximize the integration and full 

inclusion of individuals with significant 

disabilities into the mainstream of 

American society. The SPIL 

encompasses the activities planned by 

the State to achieve its specified 

independent living objectives and 

reflects the State’s commitment to 

comply with all applicable statutory and 

regulatory requirements during the three 

years covered by the plan. 

Requests for copies of the proposed 

information collection request may be 

accessed from http://edicsweb.ed.gov, 

by selecting the ‘‘Browse Pending 

Collections’’ link and by clicking on 

link number 4133. When you access the 

information collection, click on 

‘‘Download Attachments’’ to view. 

Written requests for information should 

be addressed to U.S. Department of 

Education, 400 Maryland Avenue, SW., 

LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to ICDocketMgr@ed.gov or faxed 

to 202–401–0920. Please specify the 

complete title of the information 

collection when making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@ed.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

[FR Doc. E9–22338 Filed 9–15–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management, invites 

comments on the proposed information 

collection requests as required by the 

Paperwork Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

November 16, 2009. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

The Department of Education is 

especially interested in public comment 

addressing the following issues: (1) Is 

this collection necessary to the proper 

functions of the Department; (2) will 

this information be processed and used 

in a timely manner; (3) is the estimate 

of burden accurate; (4) how might the 

Department enhance the quality, utility, 

and clarity of the information to be 

collected; and (5) how might the 

Department minimize the burden of this 

collection on the respondents, including 

through the use of information 

technology. 


srobinson on DSKHWCL6B1PROD with NOTICES