25704 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Availability 

An electronic copy of SWFSC’s 

application may be obtained by visiting 

the Internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

The SWFSC is concurrently releasing 

a draft Environmental Assessment, 

prepared pursuant to requirements of 

the National Environmental Policy Act, 

for the conduct of their fisheries 

research. A copy of the draft EA, which 

would also support our proposed 

rulemaking under the MMPA, is also 

available at: http://swfsc.noaa.gov/ 

dpea.aspx. 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs the Secretary 

of Commerce (Secretary) 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) if certain findings 

are made and regulations are issued. 

Incidental taking shall be allowed if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s) affected and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses, and if the 

permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking 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.’’ 

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 25, 2013, we received a 

complete and adequate application from 

SWFSC requesting authorization for 

take of marine mammals incidental to 

fisheries research conducted by SWFSC. 

The requested regulations would be 

valid for five years from the date of 

issuance. The SWFSC plans to conduct 

fisheries research surveys in the 

California Current Research Area (off 

the U.S. west coast), the Eastern 

Tropical Pacific Research Area, and the 

Antarctic Research Area (in the 

Antarctic Scotia Sea). It is possible that 

marine mammals may interact with 

fishing gear (e.g., trawl nets, longlines) 

used in SWFSC’s research, resulting in 

injury, serious injury, or mortality. In 

addition, the SWFSC operates active 

acoustic devices that have the potential 

to disturb marine mammals. Because the 

specified activities have the potential to 

take marine mammals present within 

these action areas, SWFSC requests 

authorization to take multiple species of 

marine mammal that may occur in these 

areas. 

Specified Activities 

The Federal Government has a 

responsibility to conserve and protect 

living marine resources in U.S. federal 

waters and has also entered into a 

number of international agreements and 

treaties related to the management of 

living marine resources in international 

waters outside the United States. NOAA 

has the primary responsibility for 

managing marine fin and shellfish 

species and their habitats, with that 

responsibility delegated within NOAA 

to NMFS. 

In order to direct and coordinate the 

collection of scientific information 

needed to make informed management 

decisions, Congress created six Regional 

Fisheries Science Centers, each a 

distinct organizational entity and the 

scientific focal point within NMFS for 

region-based federal fisheries-related 

research. This research is aimed at 

monitoring fish stock recruitment, 

abundance, survival and biological 

rates, geographic distribution of species 

and stocks, ecosystem process changes, 

and marine ecological research. The 

SWFSC is the research arm of NMFS in 

the Southwest Region. The SWFSC 

conducts research and provides 

scientific advice to manage fisheries and 

conserve protected species in three 

geographic research areas: the California 

Current Research Area (along the U.S. 

West Coast), the Eastern Tropical Pacific 

Research Area (throughout the Eastern 

Tropical Pacific Ocean), and the 

Antarctic Research Area (in the Scotia 

Sea area off Antarctica). The SWFSC 

provides scientific information to 

support the Pacific Fishery Management 

Council and numerous other domestic 

and international fisheries management 

organizations. 

The SWFSC collects a wide array of 

information necessary to evaluate the 

status of exploited fishery resources and 

the marine environment. SWFSC 

scientists conduct fishery-independent 

research onboard NOAA-owned and 

operated vessels or on chartered vessels. 

A few surveys are conducted onboard 

commercial fishing vessels, but the 

SWFSC designs and executes the 

studies and funds vessel time. The 

SWFSC proposes to administer and 

conduct approximately 14 survey 

programs over the five-year period. The 

gear types used fall into several 

categories: pelagic trawl gear used at 

various levels in the water column, 

pelagic longlines with multiple hooks, 

bottom-contact trawls, and other gear. 

Only pelagic trawl and longline gears 

are likely to interact with marine 

mammals. The majority of these surveys 

also use active acoustic devices. 

A more detailed description of the 

fisheries research conducted by SWFSC 

may be found in their application, 

which is available at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning SWFSC’s request (see 

ADDRESSES). We 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 SWFSC, if 

appropriate. 

Dated: April 29, 2013. 

Helen M. Golde, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2013–10442 Filed 5–1–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2013–OS–0083] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Assistant 

Secretary of Defense for Research and 

Engineering, DoD. 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Assistant Secretary of Defense for 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 25705 

Research and Engineering announces a 

proposed extension of a public 

information collection and seeks public 

comment on the provisions thereof. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

information collection on respondents, 

including through use of automated 

collection techniques or other forms of 

information technology. 

DATES: Consideration will be given to all 

comments received by July 1, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, write 

to Department of Defense Basic 

Research Office, ATTN: Dr. Mark 

Herbst, 4800 Mark Center Drive, Suite 

17C–08, Alexandria, VA, or call Dr. 

Herbst at 571–372–6547. 

Title, Associated Form, and OMB 

Number: Representations to Implement 

Appropriation Act Provisions on Felony 

Convictions and Unpaid Federal Tax 

Liabilities, OMB Control Number 0704– 

0494. 

Needs and Uses: The information 

collection will enable DoD awarding 

officials to exercise due diligence and 

continue to comply with provisions of 

three Fiscal Year (FY) 2012 

appropriations acts that make funds 

available to DoD Components for 

obligation, as well as similar provisions 

that future years’ appropriations acts 

may include. The details of the 

provisions in the three FY 2012 acts 

vary somewhat but they generally 

require DoD to consider suspension or 

debarment before using appropriated 

funding to enter into a grant or 

cooperative agreement with a 

corporation if the awarding official is 

aware that the corporation has an 

unpaid federal tax liability or was 

convicted of a felony criminal violation 

within the preceding 24 months. The FY 

2012 provisions are in: 

• Sections 8124 and 8125 of the 

Department of Defense Appropriations 

Act, 2012 (Division A of Pub. L. 112–74, 

the Consolidated Appropriations Act, 

2012); 

• Section 514 of the Military 

Construction and Veterans Affairs and 

Related Agencies Appropriations Act, 

2012 (Division H of Pub. L. 112–74); and 

• Sections 504 and 505 of the Energy 

and Water Development Appropriations 

Act, 2012 (Division B of Pub. L. 112– 

74). 

Affected Public: Primary affected 

public is comprised of Not-For-Profit 

institutions, but may also include any 

other entity that submits an application 

or proposal to a DoD Component that 

may result in the award of a grant or 

cooperative agreement using funds 

subject to a relevant appropriation act 

provision. 

Annual Burden Hours: 1,250 hours. 

Number of Respondents: Estimated 

2,500. 

Responses per Respondent: 6 on 

average with a wide variation across 

entities. 

Annual Responses: Estimated 15,000. 

Average Burden Per Response: 5 

minutes. 

Frequency: On occasion. 

SUPPLEMENTARY INFORMATION: 

Summary of Information Collection 

Respondents are entities submitting 

applications or proposals to Department 

of Defense Components that may result 

in the award of grants or cooperative 

agreements. Each entity under a 

competitive program will be required to 

submit representations with its 

application or proposal to disclose 

whether it is a corporation that has an 

outstanding tax liability or has been 

convicted of a felony criminal violation 

within the past 24 months. Most 

applicants for DoD awards submit 

electronic applications through 

Grants.gov and the representations 

would be electronically attached to the 

applicant’s SF 424 (OMB Control 

Number 4040–0004). 

A memorandum to DoD Components 

from the Assistant Secretary of Defense 

for Research and Engineering specifies 

wording of the representations to be 

used for continuing obligations of FY 

2012 appropriations and provides 

guidance on tailoring of the wording, if 

needed, to conform to provisions of 

future appropriations acts. The 

memorandum may be viewed at the 

DoD Basic Research Office Web site 

(http://www.acq.osd.mil/rd/ 

basic_research/funding/documents/ 

appropriations_act_provisions.pdf). 

An awarding official prior to making 

a grant or cooperative agreement award 

will use the information provided by the 

representations in judging whether the 

entity recommended to receive the 

award is eligible to do so—i.e., to decide 

whether the agency must first consider 

suspension or debarment of the entity 

and determine that further action is not 

necessary to protect the interests of the 

Government. An entity that fails to 

submit a required representation 

therefore will be ineligible to receive a 

grant or cooperative agreement from the 

agency. 

Dated: April 25, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–10356 Filed 5–1–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; 

Fulbright-Hays Doctoral Dissertation 

Research Abroad (DDRA) Fellowship 

Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice. 

Overview Information: Fulbright-Hays 

Doctoral Dissertation Research Abroad 

(DDRA) Fellowship Program Notice 

inviting applications for new awards for 

fiscal year (FY) 2013. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.022A. 

DATES: Applications Available: May 

2, 2013. 

Deadline for Transmittal of 

Applications: June 3, 2013. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The FulbrightHays DDRA Fellowship Program 

provides opportunities to doctoral 

candidates to engage in full-time 

dissertation research abroad in modern 

foreign languages and area studies. The 

program is designed to contribute to the 

development and improvement of the 


sroberts on DSK5SPTVN1PROD with NOTICES