58258 Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Notices 

pinnipeds can be considered small 

relative to the population size. As 

described in the species description 

section above, the latest stock 

assessments estimate there are 34,233 

harbor seals (which may have reached 

OSP levels), 238,000 California sea lions 

(increasing at approximately 6.5 percent 

per year), and 124,000 northern 

elephant seals (also increasing in 

number in the U.S.). The applicant has 

requested, based on numerous 

monitoring data specific to the affected 

haulout, that approximately 2,861 

harbor seals (approximately 8 percent of 

the population), 16 California sea lions 

(approximately 0.006 percent of the 

population), and 11 northern elephant 

seals (0.008 percent of the population) 

may be taken each year. However, 

because it is not possible to identify 

individual animals over the course of 

the year from the proposed monitoring 

(seals would have to be tagged and 

observed closely to do so), these 

numbers represents the total number of 

seals observed harassed during 

monitoring, not individuals. Therefore, 

an even smaller percentage of 

individuals from each population are 

likely to taken from the proposed 

activities. 

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 Estuary 

management activities will result in the 

incidental take of small numbers of 

marine mammals and that the total 

taking from will have a negligible 

impact on the affected species or stocks. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action as none are present within the 

action area. 

Endangered Species Act (ESA) 

There are no ESA listed marine 

mammals found in the action area; 

however, there are listed salmon and 

steelhead species present. The Agency 

and the U.S. Army Corps of Engineers 

(Corps) consulted with NMFS under 

Section 7 of the Endangered Species Act 

(ESA) regarding the’ potential effects of 

their operations and maintenance 

activities, including the Agency’s 

estuary management program, on 

federally-listed steelhead, coho salmon, 

and Chinook salmon that resulted in the 

likelihood of jeopardy and adverse 

modification of critical habitat. As a 

result of this consultation, the NMFS 

issued the Russian River Biological 

Opinion (NMFS, 2008) finding that 

artificially elevated inflows to the 

Estuary during the low flow season 

(May through October) and historic 

artificial breaching practices have 

significant adverse effects on the 

Russian River’s estuarine rearing habitat 

for steelhead, coho salmon, and 

Chinook salmon. The BiOp’s RPA 2 

requires the Agency to collaborate with 

NMFS and to modify Estuary water 

level management in order to reduce 

marine influence (high salinity and tidal 

inflow) and promote a higher water 

surface elevation in the estuary (i.e., 

formation of a fresh or brackish lagoon) 

for purposes of enhancing the quality of 

rearing habitat for juvenile (age 0+ and 

1+) steelhead from May 15th to October 

15th (lagoon management period), 

hence the need for the proposed action. 

The BiOp fully considered the effects to 

listed species in the action area in 

drawing the conclusion that Estuary 

management activities conducted in 

accordance with RPAs would not result 

in jeopardy to any species or cause the 

modification or destruction of 

designated critical habitat. Any 

potential take of listed species 

associated with Estuary management 

activities is permissible if conducted in 

accordance with the Incidental Take 

Statement in the BiOp. Again, no listed 

marine mammals would be affected by 

the 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 is 

preparing an Environmental Assessment 

(EA) to consider the direct, indirect and 

cumulative effects to pinnipeds and 

other applicable environmental 

resources resulting from issuance of a 

one-year IHA and the potential issuance 

of additional authorization for 

incidental harassment for the ongoing 

project. Upon completion, this EA will 

be available on the NMFS website listed 

in the beginning of this document. 

Preliminary Determination 

The applicant has submitted a 

complete application for incidental take 

of pinnipeds for specified activities in a 

specified geographic region for a period 

not to exceed one year. NMFS has 

preliminarily determined that the 

specified activities would result in 

short-term, Level B harassment to 

pinnipeds located within the action area 

during construction and maintenance of 

the lagoon outlet channel and during 

sandbar breaching events. Reactions are 

anticipated to be limited to alertness, 

movement, or flushing in response to 

crew or equipment presence. Seals are 

expected to return to the beach within 

one day, as shown in the Agency’s five 

years of monitoring data. Due to the 

proposed mitigation measures (e.g., 

crews approaching on foot slowly and 

cautiously), stampeding is unlikely and 

therefore mortality, a concern during the 

pupping season, is not expected. All 

Estuary management activities will be 

monitored by NMFS approved MMOs; 

thereby, documenting the number of 

pinnipeds, nature of disturbance, and 

number of level of take during each 

event. For these reasons, NMFS has 

preliminarily determined that the 

specified activity would result in the 

take of small numbers of marine 

mammal species or stocks, would result 

in a negligible impact on the affected 

species and stocks, and would not have 

an unmitigable adverse impact on the 

availability of such species or stock for 

taking for subsistence uses as there are 

no such uses for these pinniped species 

in California. 

Dated: November 2, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–27183 Filed 11–10–09; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Notice of Intent To Undertake a 

Determination Whether the Mid-C 

Financial Peak Contract; Mid-C 

Financial Peak Daily Contract; Mid-C 

Financial Off-Peak Contract; and MidC Financial Off-Peak Daily Contract, 

Offered for Trading on the 

IntercontinentalExchange, Inc., 

Perform a Significant Price Discovery 

Function 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Reopening comment period. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) is 

reopening the comment period for 

interested parties to comment on the 

Commission’s Notice of Intent to 

consider whether the Mid-C Financial 

Peak Contract, Mid-C Financial Peak 

Daily Contract, Mid-C Financial OffPeak Contract, and Mid-C Financial OffPeak Daily Contract offered for trading 

on the IntercontinentalExchange, Inc. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Notices 58259 

1 74 FR 51261. 1 74 FR 51264. 

(‘‘ICE’’) perform a significant price 

discovery function. 

DATES: Written comments must be 

received by November 27, 2009. 

ADDRESSES: Interested persons should 

submit their views and comments to 

David Stawick, Secretary, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581. In addition, 

comments may be sent by facsimile 

transmission to (202) 418–5521, or by 

electronic mail to secretary@cftc.gov. 

Include the subject contracts by name in 

the subject or reference line of the 

comment. 

FOR FURTHER INFORMATION CONTACT: 

Martin Murray, Assistant Associate 

Director for Product Review, Division of 

Market Oversight, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st St., NW., Washington, 

DC 20581. Telephone: (202) 418–5276. 

E-mail: mmurray@cftc.gov; Susan 

Nathan, Senior Special Counsel, 

Division of Market Oversight, same 

address. Telephone: (202) 418–5122. 

E-mail: snathan@cftc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 6, 2009, the Commission 

published for public comment a notice 

of intent to undertake a determination, 

pursuant to section 2(h)(7) of the 

Commodity Exchange Act and 

Commission rule 36.3(c), whether the 

above-referenced contracts perform a 

significant price discovery function.1

The Commission established a 15-day 

period for submitting public comment; 

the comment period closed on October 

21, 2009. The notice of intent has 

generated substantial interest, and a 

number of commenters and potential 

commenters have informally requested 

that the Commission provide them 

additional time in which to submit their 

views. In response to these requests, and 

in order to ensure that an adequate 

opportunity is provided for submission 

of meaningful comments, the 

Commission has determined to reopen 

the comment period for an additional 15 

days. 

Issued in Washington, DC, on November 5, 

2009 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–27160 Filed 11–10–09; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Notice of Intent To Undertake a 

Determination Whether Various SP–15 

Financial Day-Ahead Contracts Offered 

for Trading on the 

IntercontinentalExchange, Inc. Perform 

a Significant Price Discovery Function 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Reopening comment period. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) is 

reopening the comment period for 

interest persons to comment on the 

Commission’s October 6, 2009 Notice of 

Intent to consider whether the following 

contracts offered for trading on the 

IntercontinentalExchange, Inc. perform 

a significant price discovery function: 

SP–15 Financial Day-Ahead LMP Peak 

Contract; SP–15 Financial Day-Ahead 

LMP Peak Daily Contract; SP–15 

Financial Day-Ahead LMP Off-Peak 

Daily Contract; SP–15 Financial Swap 

Real Time LMP—Peak Daily Contract; 

SP–15 Financial Day-Ahead LMP OffPeak Contract; NP–15 Financial DayAhead LMP Peak Daily Contract; and 

NP–15 Financial Day-Ahead LMP OffPeak Daily Contract. 

DATES: Written comments must be 

received by November 27, 2009. 

ADDRESSES: Interested persons should 

submit their views and comments to 

David Stawick, Secretary, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581. In addition, 

comments may be sent by facsimile 

transmission to (202) 418–5521, or by 

electronic mail to secretary@cftc.gov. 

Include the subject contracts by name in 

the subject or reference line of the 

comment. 

FOR FURTHER INFORMATION CONTACT: 

Martin Murray, Assistant Associate 

Director for Product Review, Division of 

Market Oversight, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, Washington, DC 20581. 

Telephone: (202) 418–5276. E-mail: 

mmurray@cftc.gov. Susan Nathan, 

Senior Special Counsel, Division of 

Market Oversight, same address. 

Telephone: (202) 418–5133. E-mail: 

snathan@cftc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 6, 2009, the Commission 

published for comment a notice of 

intent to undertake a determination, 

pursuant to section 2(h)(7) of the 

Commodity Exchange Act and 

Commission rule 36.3(c), whether the 

above-referenced contracts perform a 

significant price discovery function.1

The Commission established a 15-day 

period for submitting public comment; 

the comment period closed on October 

21, 2009. The notice of intent has 

generated substantial interest, and a 

number of commenters and potential 

commenters have informally requested 

that the Commission provide additional 

time in which to submit their views. In 

response to these requests, and in order 

to ensure that an adequate opportunity 

is provided for submission of 

meaningful comments, the Commission 

has determined to reopen the comment 

period for an additional 15 days. 

Issued in Washington, DC, on November 5, 

2009 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–27162 Filed 11–10–09; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

December 14, 2009. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–5806 or 

send e-mail to 

oira_submission@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 


jlentini on DSKJ8SOYB1PROD with NOTICES