92908 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 

to any other address or individual, or 

received after the end of the comment 

period. Comments received 

electronically, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel or Adobe PDF 

file formats only. All comments 

received are a part of the public record 

and will generally be posted online at 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities without change. 

All personal identifying information 

(e.g., name, address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

confidential business information or 

otherwise sensitive or protected 

information. 

An electronic copy of USACE’s 

application may be obtained online at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities. In case of 

problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is provided to 

the public for review. 

An incidental take authorization shall 

be granted if NMFS finds that the taking 

will have a negligible impact on the 

species or stock(s), will not have an 

immitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. 

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. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

Except with respect to certain 

activities not pertinent 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). 

Summary of Request 

On April 17, 2024, NMFS received an 

application from the USACE requesting 

authorization for take of marine 

mammals incidental to in-water 

construction activities associated with 

the DERP in Hood Canal. We provided 

comments on the application and the 

USACE submitted a revised version on 

September 27, 2024. The application 

was deemed adequate and complete on 

November 5, 2024. The requested 

regulations under which we would 

issue the requested LOA would be valid 

for 5 years, November 2025 through 

October 2029. The USACE’s DERP 

would reconnect floodplain and 

intertidal wetlands to improve tidal 

exchange, sediment transport, and 

estuary development plans to restore the 

Duckabush River Estuary. Constructionrelated activities include building 

temporary work platforms, bridge 

demolition, bridge construction, road 

realignment, channel excavation, 

causeway and training berms 

demolition. Construction activities are 

expected to disturb nearby pinnipeds, 

resulting in incidental take by Level B 

harassment only. Therefore, the USACE 

requests authorization to incidentally 

take marine mammals. 

Specified Activities 

The purpose of the DERP is to 

reconnect floodplain and intertidal 

wetlands to improve tidal exchange, 

sediment transport, and estuary 

development plans to restore the 

Duckabush River Estuary. Constructionrelated activities include building 

temporary work platforms, bridge 

demolition, bridge construction, road 

realignment, channel excavation, and 

causeway demolition. 

The USACE anticipates construction 

will take up to 764 workdays across 48 

months to complete. Time estimates 

assume that construction will operate 8 

hours per day, 5 days per week for most 

of the project and 12 hours per day, 7 

days per week for some components of 

the work. The number of work days per 

year would range from 28 (Year 1) to 

263 (Years 2 and 3). Take by Level B 

harassment has been requested for 

harbor seal (Phoca vitulina). The 

USACE’s application contains 

mitigation and monitoring measures 

designed to reduce impacts to marine 

mammals. The application also contains 

proposed marine mammal monitoring 

and reporting plans. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning USACE’s request (see 

ADDRESSES). NMFS will consider all 

information, suggestions, and comments 

related to the request during the 

development of proposed regulations 

governing the incidental taking of 

marine mammals by USACE, if 

appropriate. 

Dated: November 20, 2024. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–27572 Filed 11–22–24; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Extend 

Collection 3038–0104: Clearing 

Exemption for Swaps Between Certain 

Affiliated Entities 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is announcing an opportunity 

for public comment on the proposed 

renewal of a collection of certain 

information by the agency. Under the 

Paperwork Reduction Act (‘‘PRA’’), 

Federal agencies are required to publish 

notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment. This notice solicits 

comments on reporting requirements 

relating to uncleared swaps between 

certain affiliated entities electing the 

exemption under Commission 

regulation 50.52 (Exemption for swaps 

between affiliates). 

DATES: Comments must be submitted on 

or before January 24, 2025. 


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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 92909 

1 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 

1320.8(b)(3)(vi). The OMB control numbers for the 

CFTC regulations were published on December 30, 

1981. See 46 FR 63035 (Dec. 30, 1981). 2 17 CFR 145.9. 

ADDRESSES: You may submit comments, 

identified by ‘‘OMB Control No. 3038– 

0104’’ by any of the following methods: 

• The Agency’s website, at https://

comments.cftc.gov/. Follow the 

instructions for submitting comments 

through the website. 

• 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. 

Please submit your comments using 

only one method. All comments must be 

submitted in English, or if not, 

accompanied by an English translation. 

Comments will be posted as received to 

https://www.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Daniel O’Connell, Special Counsel, 

Division of Clearing and Risk, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581; (202) 418–5583; email: 

doconnell@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, 44 U.S.C. 3501 et seq., Federal 

agencies must obtain approval from the 

Office of Management and Budget 

(‘‘OMB’’) for each collection of 

information they conduct or sponsor. 

‘‘Collection of Information’’ is defined 

in 44 U.S.C. 3502(3) and 5 CFR 1320.3 

and includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA, 44 U.S.C. 

3506(c)(2)(A), requires Federal agencies 

to provide a 60-day notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the Commission is 

publishing notice of the proposed 

extension of the existing collection of 

information listed below. 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.1

Title: Clearing Exemption for Swaps 

Between Certain Affiliated Entities 

(OMB Control No. 3038–0104). This is 

a request for an extension of a currently 

approved information collection. 

Abstract: Section 2(h)(1)(A) of the 

Commodity Exchange Act requires 

certain entities to submit for clearing 

certain swaps if they are required to be 

cleared by the Commission. 

Commission regulation 50.52 permits 

certain affiliated entities to elect not to 

clear inter-affiliate swaps that otherwise 

would be required to be cleared, 

provided that they meet certain 

conditions. The rule further requires the 

reporting of certain information if the 

inter-affiliate exemption from clearing is 

elected. The Commission will use the 

information described in this collection 

and reported pursuant to Commission 

regulation 50.52 to monitor the use of 

the inter-affiliate exemption from the 

Commission’s swap clearing 

requirement and to assess any potential 

market risks associated with such 

exemption. 

With respect to the collection of 

information, the CFTC invites 

comments on: 

• Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information will have a practical use; 

• The accuracy of the Commission’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

• Ways to enhance the quality, 

usefulness, and clarity of the 

information to be collected; and 

• Ways to minimize the burden of 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses. 

You should submit only information 

that you wish to make available 

publicly. If you wish for 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.2

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, 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 Information Collection 

Request 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. 

Burden Statement: The Commission 

is revising its estimate of the burden for 

this collection for counterparties to 

swaps between certain affiliated entities 

that elect the inter-affiliate exemption 

under Commission regulation 50.52. 

The respondent burden for this 

collection is estimated to be as follows: 

Estimated Number of Respondents: 

478. 

Estimated Average Burden Hours per 

Respondent: 1 hour. 

Estimated Total Annual Burden 

Hours: 478 hours. 

Frequency of Collection: Annually; on 

occasion. 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

(Authority: 44 U.S.C. 3501 et seq.) 

Dated: November 20, 2024. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2024–27550 Filed 11–22–24; 8:45 am] 

BILLING CODE 6351–01–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 

the nature of the information collection 

and its expected costs and burden. 

DATES: Comments must be submitted on 

or before December 26, 2024. 

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 


khammond on DSK9W7S144PROD with NOTICES