53678 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Notices 

and Great South Channel. No mortality 

or injury is expected to occur and due 

to the nature, degree, and context of the 

Level B harassment anticipated, the 

activity is not expected to impact rates 

of recruitment or survival. 

The population estimates for the 

species that may be taken by harassment 

from the most recent U.S. Atlantic Stock 

Assessment Reports were provided 

earlier in this document. From the most 

conservative estimates of both marine 

mammal densities in the project area 

and the size of the 120-dB ZOI, the 

maximum calculated number of 

individual marine mammals for each 

species that could potentially be 

harassed annually is small relative to 

the overall population sizes (8.01 

percent for humpback whales and 6.08 

percent for North Atlantic right whales 

and no more than 2.78 percent of any 

other species). 

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 finds that operation, including 

repair and maintenance activities, of the 

Northeast Gateway LNG Port will result 

in the incidental take of small numbers 

of marine mammals, by Level B 

harassment only, and that the total 

taking from Northeast Gateway’s 

proposed activities 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. 

Endangered Species Act 

On February 5, 2007, NMFS 

concluded consultation with MARAD 

and the USCG, under section 7 of the 

Endangered Species Act (ESA), on the 

proposed construction and operation of 

the Northeast Gateway LNG facility and 

issued a biological opinion. The finding 

of that consultation was that the 

construction and operation of the 

Northeast Gateway LNG terminal may 

adversely affect, but is not likely to 

jeopardize, the continued existence of 

northern right, humpback, and fin 

whales, and is not likely to adversely 

affect sperm, sei, or blue whales and 

Kemp’s ridley, loggerhead, green or 

leatherback sea turtles. An incidental 

take statement (ITS) was issued 

following NMFS’ issuance of the IHA. 

On November 15, 2007, Northeast 

Gateway and Algonquin submitted a 

letter to NMFS requesting an extension 

for the LNG Port construction into 

December 2007. Upon reviewing 

Northeast Gateway’s weekly marine 

mammal monitoring reports submitted 

under the previous IHA, NMFS 

recognized that the potential take of 

some marine mammals resulting from 

the LNG Port and Pipeline Lateral by 

Level B behavioral harassment likely 

had exceeded the original take 

estimates. Therefore, NMFS Northeast 

Region (NER) reinitiated consultation 

with MARAD and USCG on the 

construction and operation of the 

Northeast Gateway LNG facility. On 

November 30, 2007, NMFS NER issued 

a revised biological opinion, reflecting 

the revised construction time period 

and including a revised ITS. This 

revised biological opinion concluded 

that the construction and operation of 

the Northeast Gateway LNG terminal 

may adversely affect, but is not likely to 

jeopardize, the continued existence of 

northern right, humpback, and fin 

whales, and is not likely to adversely 

affect sperm, sei, or blue whales. 

National Environmental Policy Act 

MARAD and the USCG released a 

Final EIS/EIR for the proposed 

Northeast Gateway Port and Pipeline 

Lateral. A notice of availability was 

published by MARAD on October 26, 

2006 (71 FR 62657). The Final EIS/EIR 

provides detailed information on the 

proposed project facilities, construction 

methods and analysis of potential 

impacts on marine mammals. 

NMFS was a cooperating agency (as 

defined by the Council on 

Environmental Quality (40 CFR 1501.6)) 

in the preparation of the Draft and Final 

EISs. NMFS has reviewed the Final EIS 

and has adopted it. Therefore, the 

preparation of another EIS or EA is not 

warranted. 

Determinations 

NMFS has determined that the 

operation and maintenance activities of 

the Northeast Gateway Port facility may 

result, at worst, in a temporary 

modification in behavior of small 

numbers of certain species of marine 

mammals that may be in close 

proximity to the Northeast Gateway 

LNG facility. These activities are 

expected to result in some local shortterm displacement only of the affected 

species or stocks of marine mammals. 

Taking these two factors together, NMFS 

concludes that the activity will have no 

more than a negligible impact on the 

affected species or stocks, as there will 

be no expected effects on annual rates 

of survival and reproduction of these 

species or stocks. This determination is 

further supported by the required 

mitigation, monitoring, and reporting 

measures described in this document. 

As a result of implementation of the 

described mitigation and monitoring 

measures, no take by injury or death 

would be requested, anticipated or 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very unlikely due to the 

relatively low noise levels (and 

consequently small zone of impact 

relative to the size of Massachusetts 

Bay). 

While the number of marine 

mammals that may be harassed will 

depend on the distribution and 

abundance of marine mammals in the 

vicinity of the LNG Port facility, the 

estimated numbers of marine mammals 

to be harassed are small relative to the 

affected species or stock sizes. 

Authorization 

NMFS has issued an IHA to Northeast 

Gateway for conducting LNG Port 

facility operations in Massachusetts 

Bay, provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: August 27, 2010. 

James H. Lecky, 

Director,Office of Protected 

Resources,National Marine Fisheries Service. 

[FR Doc. 2010–21822 Filed 8–31–10; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Agency Information Collection 

Activities; Submission for Office of 

Management and Budget Review; 

Comment Request; Safety Standard for 

Multi-Purpose Lighters 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC’’ or ‘‘Commission’’) 

is announcing that a proposed 

collection of information has been 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review and 

clearance under the Paperwork 

Reduction Act of 1995 (‘‘PRA’’). 

DATES: Fax written comments on the 

collection of information by October 1, 

2010. 

ADDRESSES: To ensure that comments on 

the information collection are received, 

OMB recommends that written 

comments be faxed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: CPSC Desk Officer, Fax: 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Notices 53679 

202–395–6974, or e-mailed to 

oira_submission@omb.eop.gov. Written 

comments should be captioned ‘‘Safety 

Standard for Multi-Purpose Lighters.’’ 

All comments should be identified with 

the OMB Control Number 3041–0130. In 

addition, written comments should also 

be submitted by mail/hand delivery/ 

courier (for paper, disk, or CD–ROM 

submissions), preferably in five copies, 

to: Office of the Secretary, Consumer 

Product Safety Commission, Room 820, 

4330 East West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. 

FOR FURTHER INFORMATION CONTACT: 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814, 301–504–7671, 

lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In 

compliance with 44 U.S.C. 3507, the 

CPSC has submitted the following 

proposed collection of information to 

OMB for review and clearance. 

Safety Standard for Multi-Purpose 

Lighters—(OMB Control Number 3041– 

0130–Extention). Section 14(a)(1) of the 

Consumer Product Safety Act (‘‘CPSA’’) 

(15 U.S.C. 2063(a)) requires 

manufacturers, importers, and private 

labelers of a consumer product subject 

to a consumer product safety standard 

under the CPSA or similar rule, ban, 

standard, or regulation under any other 

act enforced by the Commission to issue 

a certificate stating that the product 

complies with all applicable rules, bans, 

standards or regulations. 

Section 14(b) of the CPSA (15 U.S.C. 

2063(b)) authorizes the Commission to 

issue regulations to prescribe a 

reasonable testing program to support 

certificates of compliance with a 

consumer product safety standard under 

the CPSA or similar rule, ban, standard, 

or regulation under any other act 

enforced by the Commission. Section 

16(b) of the CPSA (15 U.S.C 2065(b)) 

authorizes the Commission to issue 

rules to require that firms establish and 

maintain records to permit the 

Commission to determine compliance 

with rules issued under the authority of 

the CPSA. 

The Commission has issued 

regulations prescribing requirements for 

a reasonable testing program to support 

certificates of compliance with the 

standard for multi-purpose lighters. 

These regulations require manufacturers 

and importers to submit a description of 

each model of lighter, results of 

prototype qualification tests for 

compliance with the standard, and other 

information before the introduction of 

each model of lighter into commerce. 

These regulations also require 

manufacturers, importers, and private 

labelers of multi-purpose lighters to 

establish and maintain records to 

demonstrate successful completion of 

all required tests to support the 

certificates of compliance that they 

issue. 16 CFR part 1212, subpart B. 

The Commission uses the information 

compiled and maintained by 

manufacturers, importers, and private 

labelers of multi-purpose lighters to 

protect consumers from risks of 

accidental deaths and burn injuries 

associated with those lighters. More 

specifically, the Commission uses this 

information to determine whether 

lighters comply with the standard by 

resisting operation by young children. 

The Commission also uses this 

information to obtain corrective actions 

if multi-purpose lighters fail to comply 

with the standard in a manner that 

creates a substantial risk of injury to the 

public. 

In the Federal Register of May 18, 

2010 (75 FR 27731), the CPSC published 

a 60-day notice requesting public 

comment on the proposed collection of 

information. No comments were 

received. 

We estimate the burden of this 

collection of information as follows. The 

cost of the rule’s testing, reporting, 

recordkeeping, and other certificationrelated provisions is comprised of time 

spent by testing organizations on behalf 

of manufacturers and importers, and 

time spent by firms to prepare, 

maintain, and submit records to CPSC. 

There are currently an estimated 59 

firms that import, distribute and/or sell 

multi-purpose lighters in the United 

States, which is a subset of the 

approximately 145 firms total that may 

import, distribute and/or sell these 

lighters in the future. With a few 

exceptions, most manufacturers and 

importers have more than one model, 

currently ranging from 1 to 130 models 

for each firm. Based on past experience, 

an estimate of two models per firm is a 

reasonable number to use for calculating 

burden. Each manufacturer would 

spend approximately 50 hours per 

model. Therefore, the total annual 

amount of time that will be required for 

complying with the testing, 

recordkeeping, and reporting 

requirements of the rule is 

approximately 5,900 hours (59 firms × 2 

models × 50 hours = 5,900 total hours 

requested). The annualized cost to 

respondents for the hour burden for 

collection of information is $335,887 

based on a total of 5,900 hours at $56.93 

per hour (based on total compensation 

of all management, professional, and 

related occupations in goods-producing 

industries in the United States, 

September 2009, Bureau of Labor 

Statistics). 

The annual cost of the rule to the 

Federal Government is comprised 

chiefly of the Commission’s resources 

for compliance and enforcement 

activities. An estimated 2 full-timeequivalent (‘‘FTE’’) staff years of effort 

are required to administer the rule 

annually. The Commission’s cost for 

these staff activities is approximately 

$170,000 per FTE. Thus, the annual cost 

of enforcing the rule to the Federal 

Government is estimated to be about 

$340,000. This cost estimate includes 

the agency’s enforcement and field staff 

costs. 

Dated: August 26, 2010. 

Alberta Mills, 

Acting Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–21891 Filed 8–31–10; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Agency Information Collection 

Activities; Submission for Office of 

Management and Budget Review; 

Comment Request; Standard for the 

Flammability of Mattresses and 

Mattress Pads 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC’’ or ‘‘Commission’’) 

is announcing that a proposed 

collection of information has been 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review and 

clearance under the Paperwork 

Reduction Act of 1995 (‘‘PRA’’). 

DATES: Fax written comments on the 

collection of information by October 1, 

2010. 

ADDRESSES: To ensure that comments on 

the information collection are received, 

OMB recommends that written 

comments be faxed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: CPSC Desk Officer, fax: 

202–395–6974, or e-mailed to 

oira_submission@omb.eop.gov. Written 

comments should be captioned 

‘‘Standard for the Flammability of 

Mattresses and Mattress Pads.’’ All 

comments should be identified with the 

OMB Control Number 3041–0014. In 

addition, written comments should also 

be submitted by mail/hand delivery/ 

courier (for paper, disk, or CD–ROM 

submissions), preferably in five copies, 

to: Office of the Secretary, Consumer 


hsrobinson on DSK69SOYB1PROD with NOTICES