12254 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 

comments are received from NMFS, the 

draft final report will be considered to 

be the final report. 

Estimated Take by Incidental 

Harassment 

With respect to the activities 

described here, the MMPA defines 

‘‘harassment’’ as: 

Any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

All anticipated takes would be by 

Level B harassment, involving 

temporary changes in behavior. The 

proposed mitigation and monitoring 

measures are expected to minimize the 

possibility of injurious or lethal takes 

such that take by injury, serious injury, 

or mortality is considered remote. The 

distribution of pinnipeds hauled out on 

beaches is not uniform between sites or 

at different times of the year. The 

number of marine mammals disturbed 

may vary by month and location, and, 

compared to animals hauled out on the 

beach farther away from survey activity, 

only those animals hauled out closest to 

the actual survey transect plots 

contained within each research site are 

likely to be disturbed by the presence of 

researchers and alter their behavior or 

attempt to move out of the way. 

VanBlaricom proposes to visit site 8 five 

times, sites 5 and 7 four times each, and 

sites 1, 4, 6, and 9 two times each. No 

marine mammals have been observed at 

sites 2 and 3, and unlimited visits 

would be allowed to those sites. 

As discussed earlier, NMFS considers 

an animal to have been harassed if it 

moved greater than 1 m (3.3 ft) in 

response to the researcher’s presence or 

if the animal was already moving and 

changed direction and/or speed, or if 

the animal flushed into the water. 

Animals that became alert without such 

movements were not considered 

harassed. Estimated potential incidental 

take, shown in Table 4, is based on the 

number of visits proposed for each site, 

the maximum number of animals 

observed at each site (October-February) 

as shown in Table 1, and the observed 

susceptibility to harassment for each 

species as shown in Table 3. NMFS 

conservatively estimates that the 

maximum total possible numbers of 

individuals that may be incidentally 

harassed as a result of the proposed 

activity would be 3,340 California sea 

lions, 212 harbor seals, and nine 

northern elephant seals. 

Negligible Impact and Small Numbers 

Analysis and Preliminary 

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 a variety of factors, including 

but not limited to: (1) The number of 

anticipated mortalities; (2) the number 

and nature of anticipated injuries; (3) 

the number, nature, intensity, and 

duration of Level B harassment; and (4) 

the context in which the take occurs. 

Based on VanBlaricom’s application 

and monitoring reports for previous 

field seasons, as well as the analysis 

contained herein, NMFS has 

preliminarily determined that the 

impact of the described abalone 

research at SNI will result, at most, in 

a temporary modification in behavior by 

small numbers of California sea lions, 

harbor seals, and northern elephant 

seals, in the form of movement away 

from the researchers and/or flushing 

from the beach. The proposed numbers 

of authorized take for each of the three 

species are considered small relative to 

the relevant stocks or populations (each 

less than 2 percent). In addition, no take 

by injury, serious injury or mortality is 

anticipated, and take by harassment will 

be at the lowest level practicable due to 

incorporation of the mitigation and 

monitoring measures mentioned 

previously in this document. NMFS has 

preliminarily determined that the 

anticipated takes will have a negligible 

impact on the affected species. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

No subsistence uses of marine 

mammals are implicated by this action. 

Endangered Species Act (ESA) 

For the reasons described previously 

in this document, NMFS has 

determined that the described abalone 

research and the accompanying IHA 

will have no effect on marine mammal 

species or critical habitat protected 

under the ESA (specifically, the 

Guadalupe fur seal). Therefore, marine 

mammals under NMFS jurisdiction 

would not be affected by this action. 

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, NMFS 

prepared an Environmental Assessment 

(EA) to consider the direct, indirect and 

cumulative effects to the human 

environment resulting from issuance of 

an IHA to VanBlaricom. NMFS signed a 

Finding of No Significant Impact on 

November 21, 2005. NMFS has 

reviewed the proposed application and 

preliminarily determined that there are 

no substantial changes to the proposed 

action or new environmental impacts or 

concerns. Therefore, NMFS has 

determined that a new or supplemental 

EA or Environmental Impact Statement 

is likely unnecessary. Before making a 

final determination in this regard and 

decision on whether or not to issue a 

Finding of No Significant Impact for this 

proposed action, NMFS will review 

public comments and information 

submitted by the public and others in 

response to this notice. The 2005 EA 

referenced above is available for review 

at http://www.nmfs.noaa.gov/pr/ 

permits/incidental.htm. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of marine mammals 

incidental to VanBlaricom’s research 

activities, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: February 23, 2012. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–4835 Filed 2–28–12; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: 10 a.m., Friday March 

23, 2012. 

PLACE: 1155 21st St. NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

Matters To Be Considered 

Surveillance and Enforcement 

Matters. In the event that the times or 

dates of these or any future meetings 

change, an announcement of the change, 

along with the new time and place of 

the meeting will be posted on the 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12255 

Commission’s Web site at http:// 

www.cftc.gov. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2012–4856 Filed 2–27–12; 11:15 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meeting 

The following notice of a scheduled 

meeting is published pursuant to the 

provisions of the Government in the 

Sunshine Act, Public Law 94–409, 5 

U.S.C. 552b. 

AGENCY HOLDING THE MEETING: 

Commodity Futures Trading 

Commission. 

TIMES AND DATES: The Commission has 

scheduled a meeting for the following 

date: March 9, 2012 at 9:30 a.m. 

PLACE: Three Lafayette Center, 1155 21st 

St. NW., Washington, DC, Lobby Level 

Hearing Room (Room 1300). 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission has scheduled this meeting 

to consider various rulemaking matters, 

including the issuance of proposed rules 

and the approval of final rules. The 

Commission may also consider and vote 

on dates and times for future meetings. 

The agenda for this meeting will be 

made available to the public and posted 

on the Commission’s Web site at 

http://www.cftc.gov at least seven (7) 

days prior to the meeting. In the event 

that the time or date of the meeting 

changes, an announcement of the 

change, along with the new time and 

place of the meeting will be posted on 

the Commission’s Web site. 

CONTACT PERSON FOR MORE INFORMATION: 

David A. Stawick, Secretary of the 

Commission, 202–418–5071. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2012–4867 Filed 2–27–12; 11:15 am] 

BILLING CODE 6351–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

[Docket No. CFPB–2012–0008] 

Submission for OMB Review; 

Comment Request 

ACTION: Notice and request for comment. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau), as part of 

its continuing effort to reduce 

paperwork burdens, invites the general 

public and other Federal agencies to 

comment on a proposed information 

collection, as required by the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. The Bureau is soliciting comments 

regarding the information collection 

requirements contained in 12 CFR part 

1082, State Official Notification Rule 

that has 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 must be 

received on or before March 30, 2012 to 

be assured of consideration. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2012– 

0008, to: 

CFPB Chief Information Officer: Chris 

Willey, Consumer Financial Protection 

Bureau, 1700 G Street NW., Washington, 

DC 20006; (202) 435–7741. 

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 Ethan Levisohn, 

Office of Enforcement, at (202) 435– 

7055. 

SUPPLEMENTARY INFORMATION: 

Title: CFPB State Official Notification 

Rule. 

OMB Control Number: 3170–0019. 

The collection was formerly approved 

under Treasury Control Number 1505– 

0237 and has since been transferred to 

the Bureau. 

Abstract: Section 1042 of the DoddFrank Wall Street Reform and Consumer 

Protection Act (the Dodd-Frank Act), 

Public Law 111–203, requires the 

Bureau to prescribe rules establishing 

procedures that govern the process, 

described in Section 1042(b) of the 

Dodd-Frank Act, by which State 

Officials notify the Bureau of actions 

undertaken pursuant to the authority 

granted in section 1042(a) to enforce 

Title X of the Dodd-Frank Act or 

regulations prescribed thereunder. In 

accordance with the requirements of the 

Dodd-Frank Act, the Bureau has 

published an Interim Final Rule 

establishing that notice should be 

provided at least ten calendar days 

before the filing of an action, with 

certain exceptions, and setting forth a 

limited set of information which is to be 

provided with the notice (which 

substantially tracks the statutory 

language). The data will be received 

each time a State Official files an action 

to enforce Title X of the Dodd-Frank Act 

or a regulation promulgated thereunder, 

as described in the Interim Final Rule 

and the preamble to the Interim Final 

Rule. It will be collected by the Bureau 

(through electronic mail submissions), 

and specifically by the Office of 

Enforcement and the Executive 

Secretary, who will share it as necessary 

and appropriate within the Bureau and 

elsewhere in government, pursuant to 

the process set out in the Interim Final 

Rule. It will also be collected by the 

prudential regulators (through postal 

mail or electronic mail submissions) 

where relevant. Unless used as part of 

a legal proceeding in which the Bureau 

or other government agency is engaged, 

it is not expected that the information 

will be shared with the public, unless 

the information is already made public 

by the State Official providing the 

notice. 

As discussed, the information 

provided in the notice will be used by 

the Bureau (and prudential regulators, 

where relevant) to stay informed about 

the enforcement activities of State 

Officials enforcing Title X of the DoddFrank Act and to decide when and how, 

if at all, to react to such activities. 

Type of Review: Renewal. 

Affected Public: State or Local 

Governments. 

Estimated Total Annual Burden 

Hours: The information sent under the 

notice provisions of the Rule is 

primarily information which the State 

Officials providing the notice would 

have already collected and have 

available at the time notice is given. It 

is unlikely that compiling and sending 

the requested information would require 

more than thirty minutes of additional 

work. As this is a new area of law, at 

this time, it would be impossible to 

estimate the number of actions which 

State Officials will file pursuant to Title 

X the Dodd-Frank Act and, accordingly, 

the number of notices which the Bureau 

will receive. 

Dated: February 23, 2012. 

Chris Willey, 

Chief Information Officer, Consumer 

Financial Protection Bureau. 

[FR Doc. 2012–4757 Filed 2–28–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Renewal of Department of Defense 

Federal Advisory Committees 

AGENCY: DoD. 

ACTION: Amendment of Federal 

Advisory Committee. 


tkelley on DSK3SPTVN1PROD with NOTICES