33724 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Notices 

base an impact determination. In 

addition to considering estimates of the 

number of marine mammals that might 

be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

migration, etc.), or any of the other 

variables mentioned in the first 

paragraph (if known), as well as the 

number and nature of estimated Level A 

takes, the number of estimated 

mortalities, and effects on habitat. 

The aforementioned additional 

mitigation and monitoring measures 

will increase the buffer zone to account 

for marine mammal movement and 

increase marine mammal visual 

monitoring efforts to ensure that no 

marine mammal would be in a zone 

where injury and/or mortality could 

occur as a result of time-delayed 

detonation. 

In addition, the estimated exposures 

are based on the probability of the 

animals occurring in the area when a 

training event is occurring, and this 

probability does not change based on 

the use of TDFDs or implementation of 

mitigation measures (i.e., the exposure 

model does not account for how the 

charge is initiated and assumes no 

mitigation is being implemented). 

Therefore, the potential effects to 

marine mammal species and stocks as a 

result of the proposed mine 

neutralization training activities are the 

same as those analyzed in the final rules 

governing the incidental takes for these 

activities. Consequently, NMFS believes 

that the existing analyses in the final 

rules do not change as a result of the 

proposed LOA to include mine 

neutralization training activities using 

TDFDs. 

Further, there will be no increase of 

marine mammal takes as analyzed in 

previous rules governing NMFS issued 

incidental takes that could result from 

the Navy’s training activities within 

these Range Complexes by using TDFDs. 

Based on the analyses of the potential 

impacts from the proposed mine 

countermeasure training exercises 

conducted within the MIRC, especially 

on the proposed improvement on 

marine mammal monitoring and 

mitigation measures, NMFS has 

preliminarily determined that the 

modification of the Navy’s current LOA 

to include taking of marine mammals 

incidental to mine neutralization 

training using TDFD within the MIRC 

will have a negligible impact on the 

marine mammal species and stocks 

present in these action areas, provided 

that additional mitigation and 

monitoring measures are implemented. 

ESA 

There are five marine mammal 

species that are listed as endangered 

under the ESA with confirmed or 

possible occurrence in the MIRC: 

Humpback whale, blue whale, fin 

whale, sei whale, and sperm whale. 

Pursuant to Section 7 of the ESA, 

NMFS has begun consultation internally 

on the issuance of the modified LOAs 

under section 101(a)(5)(A) of the MMPA 

for these activities. Consultation will be 

concluded prior to a determination on 

the issuance of the modified LOAs. 

National Environmental Policy Act 

(NEPA) 

NMFS participated as a cooperating 

agency on the Navy’s Final 

Environmental Impact Statements 

(FEIS’s) for the MIRC. NMFS 

subsequently adopted the Navy’s EIS’s 

for the purpose of complying with the 

MMPA. For the modification of the 

LOA, which include TDFDs, but also 

specifically add monitoring and 

mitigation measures to minimize the 

likelihood of any additional impacts 

from TDFDs, NMFS has determined that 

there are no changes in the potential 

effects to marine mammal species and 

stocks as a result of the proposed mine 

neutralization training activities using 

TDFDs. Therefore, no additional NEPA 

analysis will be required, and the 

information in the existing EIS’s 

remains sufficient. 

Preliminary Determination 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat and dependent upon 

the implementation of the mitigation 

measures, NMFS preliminarily finds 

that the total taking from Navy mine 

neutralization training exercises 

utilizing TDFDs in the MIRC will have 

a negligible impact on the affected 

marine mammal species or stocks. 

NMFS has proposed issuing the 

modified LOA to allow takes of marine 

mammals incidental to the Navy’s mine 

neutralization training exercises using 

TDFDs, provided that the proposed 

improvements to the monitoring and 

mitigation measures are implemented. 

Dated: June 1, 2012. 

Helen M. Golde, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–13852 Filed 6–6–12; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: Wednesday, June 13, 

2012, 10 a.m.–11 a.m. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, 

Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: 

Briefing Matter: Play Yards—Final 

Rule. 

A live webcast of the Meeting can be 

viewed at www.cpsc.gov/webcast. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: June 5, 2012. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2012–13970 Filed 6–5–12; 4:15 pm] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket No. USA–2007–0014] 

Submission for OMB Review; 

Comment Request 

ACTION: Notice. 

The Department of Defense has 

submitted to OMB for clearance, the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

DATES: Consideration will be given to all 

comments received by July 9, 2012. 

Title and OMB Number: Assessing 

Human Response to Military Impulse 

Noise; OMB Control Number 0710–TBD. 

Type of Request: Reinstatement. 

Number of Respondents: 958. 

Responses per Respondent: 15.64. 

Annual Responses: 14,983. 

Average Burden per Response: 0.0792 

hours. 

Annual Burden Hours: 1,187. 

Needs and Uses: This information 

collection requirement is necessary to 

obtain information on the relationship 

between community annoyance and 

complaints, related to impulsive noise 

from military installations. The 


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