Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 43277 

because of the small ZOIs (compared to 

the vast size of the GOM ecosystem 

where these species live) and the small 

amounts of explosives used in the A–S 

gunnery exercises, NMFS has 

preliminarily determined that there will 

not be a substantial impact on marine 

mammals or on the normal functioning 

of the nearshore or offshore GOM 

ecosystems. The proposed activity is not 

expected to impact rates of recruitment 

or survival of marine mammals since 

neither mortality (which would remove 

individuals from the population) nor 

injury are anticipated to occur. 

Although the proposed activity is 

anticipated to result in Level B 

harassment of marine mammals (both by 

behavioral disturbance and TTS), the 

level of harassment is not anticipated to 

impact rates of recruitment or survival 

of marine mammals. 

Additionally, the mitigation and 

monitoring measures proposed to be 

implemented (described earlier in this 

document) are expected to further 

minimize the potential for harassment. 

The protected species surveys will 

require Eglin AFB to search the area for 

marine mammals, and if any are found 

in the live fire area, then the exercise 

must be suspended until the animal(s) 

has left the area or relocated. Moreover, 

the aircrews of the A–S gunnery 

missions will initiate location and 

surveillance of a suitable firing site 

immediately after exiting U.S. territorial 

waters (less than or equal to 12 nm (22 

km)). This would potentially restrict 

most gunnery activities to the shallower 

continental shelf waters of the GOM 

where marine mammal densities are 

typically lower, and thus potentially 

avoid the slope waters where the more 

sensitive species (e.g., endangered 

sperm whales) typically reside. 

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 preliminarily finds that Eglin 

AFB’s A–S gunnery mission exercises 

will result in the incidental take of 

marine mammals, by Level B 

harassment only, and that the total 

taking from the A–S gunnery mission 

exercises 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. Therefore, NMFS has 

preliminarily determined that the total 

taking of affected species or stocks 

would not have an unmitigable adverse 

impact on the availability of such 

species or stocks for taking for 

subsistence purposes. 

Endangered Species Act (ESA) 

A Biological Opinion issued by NMFS 

on October 20, 2004, concluded that the 

A–S gunnery exercises in the EGTTR are 

unlikely to jeopardize the continued 

existence of species listed under the 

ESA that are within the jurisdiction of 

NMFS or destroy or adversely modify 

critical habitat. NMFS has preliminarily 

determined that this action, including 

the modifications to the mitigation and 

monitoring measures in the previous 

IHAs issued to Eglin AFB and proposed 

for inclusion in the 2011 IHA (if issued), 

does not have effects beyond that which 

was analyzed in that previous 

consultation, it is within the scope of 

that action, and reinitiation of 

consultation is not necessary. However, 

prior to issuance of this IHA, NMFS will 

make a final determination whether 

additional consultation is necessary. 

National Environmental Policy Act 

(NEPA) 

The USAF prepared a Final PEA in 

November 2002 for the EGTTR activity. 

NMFS made the USAF’s 2002 Final PEA 

available upon request on January 23, 

2006 (71 FR 3474). In accordance with 

NOAA Administrative Order 216–6 

(Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, May 20, 

1999), NMFS reviewed the information 

contained in the USAF’s 2002 Final 

PEA, and, on May 1, 2006, determined 

that the document accurately and 

completely described the proposed 

action, the alternatives to the proposed 

action, and the potential impacts on 

marine mammals, endangered species, 

and other marine life that could be 

impacted by the preferred alternative 

and the other alternatives. Accordingly, 

NMFS adopted the USAF’s 2002 Final 

PEA under 40 CFR 1506.3 and made its 

own FONSI on May 16, 2006. The 

NMFS FONSI also took into 

consideration updated data and 

information contained in NMFS’ 

Federal Register document noting 

issuance of an IHA to Eglin AFB for this 

activity (71 FR 27695, May 12, 2006), 

and previous notices (71 FR 3474, 

January 23, 2006; 70 FR 48675, August 

19, 2005). 

As the issuance of the 2008 IHA to 

Eglin AFB amended three of the 

mitigation measures for reasons of 

practicality and safety, NMFS reviewed 

the USAF’s 2002 Final PEA and 

determined that a new EA was 

warranted to address: (1) The proposed 

modifications to the mitigation and 

monitoring measures; (2) the use of 23 

psi as a change in the criterion for 

estimating potential impacts on marine 

mammals from explosives; and (3) a 

cumulative effects analysis of potential 

environmental impacts from all GOM 

activities (including Eglin mission 

activities), which was not addressed in 

the USAF’s 2002 Final PEA. Therefore, 

NMFS prepared a new EA in December 

2008 and issued a FONSI for its action 

on December 9, 2008. Based on those 

findings, NMFS determined that it was 

not necessary to complete an 

environmental impact statement for the 

issuance of an IHA to Eglin AFB for this 

activity. NMFS has preliminarily 

determined that this proposed activity is 

within the scope of NMFS’ 2008 EA and 

FONSI. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of several species of 

marine mammals incidental to the 

USAF, Eglin AFB, for their A–S gunnery 

mission activities in the GOM provided 

the previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Dated: July 12, 2011. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2011–18324 Filed 7–19–11; 8:45 am] 

BILLING CODE 3510–22–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 (44 U.S.C. 

3501 et seq.), this notice announces that 

the Information Collection Request (ICR) 

abstracted below has been forwarded to 

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; it includes the actual 

data collection instruments [if any]. 

DATES: Comments must be submitted on 

or before August 19, 2011. 

FOR FURTHER INFORMATION OR A COPY

CONTACT: Mark Bretscher, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, 525 W. Monroe, Suite 


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43278 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 

1100, Chicago, IL 60661, (312) 596– 

0529; Fax (312) 596–0711; e-mail: 

mbretscher@cftc.gov and refer to OMB 

Control No. 3038–0026. 

SUPPLEMENTARY INFORMATION: 

Title: Gross Collection of ExchangeSet Margins for Omnibus Accounts 

(OMB Control No. 3038–0026). This is 

a request for extension of a currently 

approved information collection. 

Abstract: Commission Regulation 1.58 

requires futures commission merchants 

to collect exchange-set margin for 

omnibus accounts on a gross, rather 

than a net, basis. This rule is 

promulgated pursuant to the 

Commission’s rulemaking authority 

contained in Sections 4c, 4d, 4f, 4g and 

8a of the Commodity Exchange Act, 7 

USC 6c, 6d, 6f, 6g and 12a (2000). 

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. The OMB control 

numbers for the CFTC’s regulations 

were published on December 30, 1981. 

See 46 FR 63035 (Dec. 30, 1981). The 

Federal Register notice with a 60-day 

comment period soliciting comments on 

this collection of information was 

published on May 18, 2011 (76 FR 

28754). 

Burden statement: The respondent 

burden for this collection is estimated to 

average .08 hours per response. These 

estimates include the time needed to 

review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining information 

and disclosing and providing 

information; adjust the existing ways to 

comply with any previously applicable 

instructions and requirements; train 

personnel to be able to respond to a 

collection of information; and transmit 

or otherwise disclose the information. 

Respondents/Affected Entities: 125. 

Estimated number of responses: 500. 

Estimated total annual burden on 

respondents: 40 hours. 

Frequency of collection: On occasion. 

Send comments regarding the burden 

estimated or any other aspect of the 

information collection, including 

suggestions for reducing the burden, to 

the addresses listed below. Please refer 

to OMB Control No. 3038–0026 in any 

correspondence. 

Mark Bretscher, Division of Clearing 

and Intermediary Oversight, Commodity 

Futures Trading Commission, 525 W. 

Monroe, Suite 1100, Chicago, IL 60661, 

and Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Attention: 

Desk Officer for CFTC, 725 17th Street, 

Washington, DC 20503. 

Dated: July 14, 2011. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–18281 Filed 7–19–11; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Availability of Record of 

Decision for the Final Environmental 

Impact Statement for the Keyport 

Range Complex Extension 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

(Navy), after carefully weighing the 

environmental consequences of the 

proposed action as presented in the 

Final Environmental Impact Statement 

(FEIS), announces its decision to extend 

the operational areas of the Naval Sea 

Systems Command Naval Undersea 

Warfare Center Keyport Range Complex 

and increase the number of days of 

activities and the number of activities 

per day, in furtherance of the Navy’s 

statutory obligations under Title 10 of 

the United States Code governing the 

roles and responsibilities of the Navy. In 

its decision, the Navy considered 

applicable laws and executive orders, 

including an analysis of the effects of its 

actions in compliance with the 

Endangered Species Act, the Coastal 

Zone Management Act, and the National 

Historic Preservation Act, and the 

requirements of Executive Order (EO) 

12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations and EO 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. 

Implementation of the proposed 

action could begin immediately. 

SUPPLEMENTARY INFORMATION: The 

complete text of the Navy’s Record of 

Decision (ROD) is available for public 

viewing on the project Web site at: 

http://www.navsea.navy.mil/nuwc/ 

keyport/Environmental/EIS.aspx along 

with copies of the FEIS and supporting 

documents. Single copies of the ROD 

will be made available upon request by 

contacting the FEIS Project Manager, 

Ms. Kimberly Kler, 360–396–0927. 

Dated: July 13, 2011. 

L.M. Senay, 

Lieutenant, Judge Advocate General’s Corps, 

U.S. Navy, Federal Register Liaison Officer. 

[FR Doc. 2011–18232 Filed 7–19–11; 8:45 am] 

BILLING CODE 3810–FF–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

Privacy Act; System of Records 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Notice of systems of records. 

SUMMARY: Each Federal agency is 

required by the Privacy Act of 1974, 5 

U.S.C. 552a, to publish a description of 

the systems of records containing 

personal information as defined by the 

Privacy Act. In this notice, the Defense 

Nuclear Facilities Safety Board (DNFSB) 

updates the descriptions of the eight 

systems it currently maintains, and 

announces the creation of a ninth 

system. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Azzaro, General Counsel, 

Defense Nuclear Facilities Safety Board, 

625 Indiana Avenue, NW., Suite 700, 

Washington, DC 20004–2901, (202) 694– 

7000. 

SUPPLEMENTARY INFORMATION: The Board 

has previously maintained eight systems 

of records under the Privacy Act. The 

Board has created a new system, 

DNFSB–9, Occupational Beryllium 

Exposure Records, but the creation of 

this new system does not involve the 

collection of additional information or 

changes in the use or storage of records. 

Instead, it is only a minor records 

management reorganization for 

streamlining purposes. The records now 

to be found in DNFSB–9 were originally 

maintained in DNFSB–5, which is now 

limited to Occupational Radiation 

Exposure Records. 

DNFSB–1 

SYSTEM NAME: 

Personnel Security Files. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Defense Nuclear Facilities Safety 

Board, 625 Indiana Avenue, NW., Suite 

700, Washington, DC 20004–2901. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

DNFSB employees, applicants for 

employment with DNFSB, DNFSB 

contractors and consultants, and other 


sroberts on DSK5SPTVN1PROD with NOTICES