Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices 25467 

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 

monitoring and mitigation measures, 

NMFS finds that the total marine 

mammal take from the activity will have 

a negligible impact on all affected 

marine mammal species or stocks. 

Small Numbers 

As noted above, only small numbers 

of incidental take may be authorized 

under sections 101(a)(5)(A) and (D) of 

the MMPA for specified activities other 

than military readiness activities. The 

MMPA does not define small numbers 

and so, in practice, where estimated 

numbers are available, NMFS compares 

the number of individuals taken to the 

most appropriate estimation of 

abundance of the relevant species or 

stock in our determination of whether 

an authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. For this IHA, take of all 

species or stocks is below one third of 

the estimated stock abundance (in fact, 

take of individuals is less than 7 percent 

of the abundance for all affected stocks). 

Based on the analysis contained 

herein of the proposed activity 

(including the mitigation and 

monitoring measures) and the 

anticipated take of marine mammals, 

NMFS finds that small numbers of 

marine mammals would be taken 

relative to the population size of the 

affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has 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 

Section 7(a)(2) of the Endangered 

Species Act 1973 (ESA; 16 U.S.C. 1531 

et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

NMFS is authorizing take, by Level B 

harassment only, of NARWs, fin whales, 

and sei whales which are listed under 

the ESA. On June 29, 2021 (revised 

September 2021), GARFO completed an 

informal programmatic consultation on 

the effects of certain site assessment and 

site characterization activities to be 

carried out to support the siting of 

offshore wind energy development 

projects off the U.S. Atlantic coast. Part 

of the activities considered in the 

consultation are geophysical surveys 

such as those proposed by Kitty Hawk 

Wind and for which we are proposing 

to authorize take. GARFO concluded 

site assessment surveys are not likely to 

adversely affect endangered species or 

adversely modify or destroy critical 

habitat. NMFS has determined issuance 

of the IHA is covered under the 

programmatic consultation; therefore, 

ESA consultation has been satisfied. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our action 

(i.e., the issuance of an IHA) with 

respect to potential impacts on the 

human environment. This action is 

consistent with categories of activities 

identified in Categorical Exclusion B4 

(IHAs with no anticipated serious injury 

or mortality) of the Companion Manual 

for NOAA Administrative Order 216– 

6A, which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Accordingly, 

NMFS has determined that the issuance 

of the final IHA qualifies to be 

categorically excluded from further 

NEPA review. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to Kitty Hawk 

Wind for conducting marine site 

characterization surveys off the coast of 

North Carolina and Virginia, provided 

the previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. The final IHA and 

supporting documents can be found at 

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

incidental-take-authorizations-undermarine-mammal-protection-act. 

Dated: April 25, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–09186 Filed 4–28–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB990] 

Spring Meeting of the Advisory 

Committee to the U.S. Section to the 

International Commission for the 

Conservation of Atlantic Tunas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of the Advisory 

Committee’s 2022 spring meeting. 

SUMMARY: The Advisory Committee to 

the U.S. Section to the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) announces part 

II of its annual spring meeting, to be 

held May 12–13, 2022 in Miami, 

Florida. A virtual option for joining the 

meeting will also be available. 

DATES: The open sessions of the 

Committee meeting will be held on May 

12, 2022, 9:30 a.m. to 11:30 a.m. and 

May 13, 2022, 9 a.m. to 12 p.m. Closed 

sessions will be held on May 12, 2022, 

1:30 p.m. to 4:30 p.m. 

ADDRESSES: The meeting will be held at 

the Courtyard by Marriott Miami 

Coconut Grove, 2649 South Bayshore 

Drive, Miami, Florida 33133. For those 

attending virtually, please register at: 

https://forms.gle/twa9SH3RSESLiDYBA. 

Instructions will be emailed to those 

registered for virtual participation 

before the meeting occurs. Registration 

will close on May 8, 2022 at 5 p.m. EDT. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Keller, Office of International 

Affairs, Trade, and Commerce, 202– 

897–9208 or at bryan.keller@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Advisory Committee to the U.S. Section 

to ICCAT will meet in open session to 

receive and discuss information on 

recent Regional Fisheries Management 

Organization (RFMO) intersessional 

meetings of interest; the results of the 

meetings of the Committee’s Species 

Working Groups; and other matters 

relating to the international 

management of ICCAT species. The 

public will have access to the open 

sessions of the meeting, but there will 

be no opportunity for public comment 


lotter on DSK11XQN23PROD with NOTICES1
25468 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices 

1The OMB control numbers for the CFTC 

regulations were published on December 30, 1981. 

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

during the meeting. An agenda is 

available from the Committee’s 

Executive Secretary upon request (see 

FOR FURTHER INFORMATION CONTACT). 

The Committee will meet in its 

Species Working Groups in closed 

session on the afternoon of May 12, 

2022. These sessions are not open to the 

public, but the results of the Species 

Working Group discussions will be 

reported to the full Advisory Committee 

during the Committee’s open session on 

May 13, 2022. 

Special Accommodations 

The virtual meeting is accessible to 

people with disabilities. Requests for 

auxiliary aids should be directed to 

Bryan Keller at 202–897–9208 or 

bryan.keller@noaa.gov at least 5 days 

prior to the meeting date. 

Authority: 16 U.S.C. 971 et seq.; 16 

U.S.C. 1801 et seq. 

Dated: April 25, 2022. 

Alexa Cole, 

Director, Office of International Affairs, 

Trade, and Commerce, National Marine 

Fisheries Service. 

[FR Doc. 2022–09188 Filed 4–28–22; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Extend 

Collection 3038–0024: Regulations and 

Forms Pertaining to the Financial 

Integrity of the Marketplace 

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 the existing collection of 

information pertaining to regulatory 

obligations for financial reporting and 

recordkeeping by various Commission 

registrants including swap dealers, 

futures commission merchants, 

introducing brokers and retail foreign 

exchange dealers. 

DATES: Comments must be submitted on 

or before June 28, 2022. 

ADDRESSES: You may submit comments, 

identified by ‘‘OMB Control No. 3038– 

0024’’ 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: 

Jennifer Bauer, Special Counsel, Market 

Participants Division, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW, 

Washington, DC 20581; (202) 418–5472; 

email: jbauer@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: Regulations and Forms 

Pertaining to the Financial Integrity of 

the Marketplace (OMB Control No. 

3038–0024). This is a request for an 

extension of a currently approved 

information collection. 

Abstract: The Commission is the 

independent federal regulatory agency 

charged with providing various forms of 

customer protection so that users of the 

commodity markets can be assured of 

the financial integrity of the markets 

and the intermediaries that they employ 

in their trading activities. Part 1 of the 

Commission’s regulations requires, 

among other things, that commodity 

brokers—known as futures commission 

merchants (‘‘FCMs’’), or Introducing 

Brokers (‘‘IBs’’), comply with certain 

minimum financial requirements. In 

order to monitor compliance with these 

financial standards, the Commission has 

required FCMs and IBs to file financial 

reports with the Commission and with 

the designated self-regulatory 

organization of which they are members 

as well as to report to the Commission 

should certain financial requirements 

drop below prescribed minimums. 

In 2008, the U.S. Congress passed the 

Food, Conservation, and Energy Act of 

2008, Public Law 110–246, 122 Stat. 

1651, 2189–2204 (2008), also known as 

the Farm Bill. The Farm Bill provided 

the Commission with new authority 

with regard to the regulation of offexchange retail forex transactions. 

Among other things, it directed the 

Commission to draft rules effectuating 

registration provisions for a new 

category of registrant—the retail foreign 

exchange dealer (‘‘RFED’’). Under the 

terms of the legislation, RFEDs are 

subject to the same capital requirements 

as FCMs that are engaged in retail forex 

transactions, and, therefore, subject to 

the same reporting requirements. 

Accordingly, this collection was 

amended to reflect the financial 

reporting requirements of the new 

category of registrant, RFEDs. 

In 2010, the US Congress passed the 

Wall Street Reform and Consumer 

Protection Act (the ‘‘Dodd-Frank Act’’), 

Public Law 111–203, 124 Stat. 1376 

(2010), giving the Commission the 

authority to regulate certain swap 

markets and participants in those 

markets. Section 731 of the Dodd-Frank 

Act, amended the Commodity Exchange 

Act (‘‘CEA’’), 7 U.S.C. 1 et seq., to add, 

as section 4s(e) thereof, provisions 

concerning the setting of capital and 

initial and variation margin 

requirements for swap dealers (‘‘SDs’’) 

and major swap participants (‘‘MSPs’’). 

In 2016 and 2020 respectively, the 

Commission finalized the Margin 

Requirements for Uncleared Swaps for 

Swap Dealers and Major Swap 

Participants rule and the Capital 

Requirements for Swap Dealers and 

Major Swap Participants rule to 

implement those requirements. 

Specifically, such rules include 


lotter on DSK11XQN23PROD with NOTICES1