Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76975 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely written 

notification of return or destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a sanctionable 

violation. 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act. 

Dated: December 15, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues 

and Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Separate Rate Companies 

V. Use of Adverse Facts Available 

VI. Discussion of the Issues 

Comment 1. Scope of the Investigation 

Comment 2. Whether to Select South 

Africa or Thailand as the Primary 

Surrogate Country 

Comment 3. Whether to Offset the Cash 

Deposit Rate for Export Subsidies 

Comment 4. Whether the Department 

Should Investigate the Effects of the 

GOC’s Alleged Cyberhacking on 

this Investigation 

Comment 5. Ultimate Ownership of 

Separate Rate Applicants 

Comment 6. Separate Rate Applicants 

with Managers or Board Members 

with Ties to the Chinese 

Government 

Comment 7. Separate Rate Status of 

Lianyungang Shenzhou New Energy 

Co., Ltd. 

Comment 8. Separate Rate Status of 

Sumec Hardware & Tools Co., Ltd. 

Comment 9. The Appropriate Surrogate 

Value for Aluminum Frames 

Comment 10. The Appropriate 

Surrogate Value for Scrap Solar 

Cells 

Comment 11. Unpaid Sales 

Comment 12. Quality Insurance 

Comment 13. Warranty Costs 

Comment 14. Incorrect Allocation of 

Indirect Material, Labor, and 

Electricity Consumption 

Comment 15. Whether to Base Renesola/ 

Jinko’s Dumping Margin on Partial 

AFA 

Comment 16. Whether to Collapse Jinko 

and Renesola 

Comment 17. Whether to Use MarketEconomy Purchase Prices to Value 

all of Renesola/Jinko’s Solar Cells 

Comment 18. Whether to Adjust 

Renesola/Jinko’s Cash Deposit Rate 

by the Full Amount of Domestic 

Subsidies 

Comment 19. Separate Rate Application 

of tenKsolar 

VII. Recommendation 

[FR Doc. 2014–30092 Filed 12–22–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD660 

Takes of Marine Mammals Incidental to 

Specified Activities; Seabird and 

Pinniped Research Activities in Central 

California, 2015–2016 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: We, NMFS, have received an 

application from Point Blue 

Conservation Science (Point Blue) 

requesting an Incidental Harassment 

Authorization (Authorization) to take 

marine mammals, by harassment, 

incidental to conducting proposed 

seabird research activities on Southeast 

Farallon Island, An ̃ o Nuevo Island, and 

Point Reyes National Seashore in central 

California from January 2015 through 

January 2016. Per the Marine Mammal 

Protection Act, we are requesting 

comments on our proposal to issue an 

Authorization to Point Blue to 

incidentally harass, by Level B 

harassment only, four species of marine 

mammals during the year-long 

monitoring project. 

ADDRESSES: Address comments on the 

application to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910. The mailbox address for 

providing email comments is ITP.Cody@

noaa.gov. You must include 0648– 

XD660 in the subject line. We are not 

responsible for email comments sent to 

addresses other than the one provided 

here. Comments sent via email, 

including all attachments, must not 

exceed a 25-megabyte file size. NMFS is 

not responsible for email comments sent 

to addresses other than the one 

provided here. 

Instructions: All submitted comments 

are a part of the public record and 

NMFS will post them to http://

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

incidental/military.htm without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

To obtain an electronic copy of the 

application, a list of the references used 

in this document, and Point Blue’s 

Authorization request, visit the Internet 

at: http://www.nmfs.noaa.gov/pr/

permits/incidental/military.htm. 

NMFS prepared an Environmental 

Assessment (EA) in 2014 titled 

‘‘Issuance of an Incidental Harassment 

Authorization to Point Blue 

Conservation Science and Partners to 

Take Marine Mammals by Harassment 

Incidental to Seabird and Pinniped 

Research Conducted in Central 

California.’’ We provided relevant 

environmental information to the public 

through a notice for a previous proposed 

authorization (78 FR 66686, November 

6, 2013) and considered public 

comments received in response prior to 

finalizing our EA. 

At that time, NMFS concluded that 

issuance of an annual Authorization 

would not significantly affect the 

quality of the human environment and 

issued a Finding of No Significant 

Impact (FONSI) regarding issuing an 

Authorization for Point Blue’s 2014– 

2015 seabird research activities. In 

conjunction with Point Blue’s 2015– 

2016 application, NMFS will review the 

2014 EA to determine whether 

supplementation is necessary. 

Information from Point Blue’s 

application, NMFS’ 2014 EA, and this 

notice collectively provide the 

environmental information related to a 

proposed issuance of the Authorization 

for public review and comment. An 

electronic copy of the EA for this 

activity is available upon request (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, Office of Protected 

Resources, NMFS (301) 427–8401. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(D) of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.) directs 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals of a species or 

population stock, by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if, after NMFS 

provides a notice of a proposed 

authorization to the public for review 

and comment: (1) NMFS makes certain 

findings; and (2) the taking is limited to 

harassment. 

mstockstill on DSK4VPTVN1PROD with NOTICES

76976 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

Through the authority delegated by 

the Secretary, NMFS shall grant an 

Authorization for the incidental taking 

of small numbers of marine mammals if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s), and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). 

Except with respect to certain 

activities not pertinent here, the Marine 

Mammal Protection Act 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 July 30, 2014, NMFS received an 

application from Point Blue requesting 

the taking by harassment of small 

numbers of marine mammals incidental 

to conducting seabird research activities 

on Southeast Farallon Island, An ̃o 

Nuevo Island, and Point Reyes National 

Seashore in central California. Point 

Blue, along with partners Oikonos 

Ecosystem Knowledge and Point Reyes 

National Seashore, plan to conduct the 

proposed activities for one year. These 

partners are conducting this research 

under cooperative agreements with the 

U.S. Fish and Wildlife Service in 

consultation with the Gulf of the 

Farallones National Marine Sanctuary. 

We determined the application 

complete and adequate on December 7, 

2014. 

Their proposed research activities 

would involve monitoring and 

censusing seabird colonies; observing 

seabird nesting habitat; restoring nesting 

burrows; and resupplying a field station. 

The proposed activities would occur in 

the vicinity of pinniped haul out sites 

located on Southeast Farallon Island 

(37°41′54.32′′ N; 123°0′8.33′′ W), An ̃ o 

Nuevo Island (37°6′29.25′′ N; 

122°20′12.20′′ W), or within Point Reyes 

National Seashore (37°59′38.61′′ N; 

122°58′24.90′′ W) in central California. 

Acoustic and visual stimuli including: 

(1) Noise generated by motorboat 

approaches and departures; (2) noise 

generated during the resupplying of the 

field station; and (3) human presence 

during seabird and pinniped research 

activities, have the potential to cause 

California sea lions (Zalophus 

californianus), Pacific harbor seals 

(Phoca vitulina), northern elephant seals 

(Mirounga angustirostris), and Steller 

sea lions (Eumetopias jubatus) hauled 

out on Southeast Farallon Island, An ̃ o 

Nuevo Island, or Point Reyes National 

Seashore to flush into the surrounding 

water or to cause a short-term 

behavioral disturbance for marine 

mammals in the proposed areas. These 

types of disturbances are the principal 

means of marine mammal taking 

associated with these activities. Point 

Blue has requested an authorization to 

take 10,092 California sea lions, 526 

harbor seals, 261 northern elephant 

seals, and 185 Steller sea lions 

(Eumetopias jubatus) by Level B 

harassment only. 

To date, we have issued six 1-year 

Incidental Harassment Authorizations to 

Point Blue for the conduct of the same 

activities from 2007 to 2015. The 

current Authorization expires on 

January 30, 2015 (79 FR 6184, February 

3, 2014). This is the organization’s 

seventh request for an Authorization 

and they will submit a monitoring 

report to us no later than 90 days after 

the expiration of the current 

Authorization. 

Description of the Specified Geographic 

Region 

The proposed action area consists of 

the following three locations in the 

northeast Pacific Ocean: 

South Farallones Islands 

The South Farallon Islands consist of 

Southeast Farallon Island located at 

37°41′54.32′′ N; 123° 0′8.33′′ W and 

West End Island. These two islands are 

directly adjacent to each other and 

separated by only a 30-foot (ft) (9.1 

meter (m)) channel. The South Farallon 

Islands have a land area of 

approximately 120 acres (0.49 square 

kilometers (km)) and are part of the 

Farallon National Wildlife Refuge. The 

islands are located near the edge of the 

continental shelf 28 miles (mi) (45.1 km) 

west of San Francisco, CA, and lie 

within the waters of the Gulf of the 

Farallones National Marine Sanctuary. 

An ̃ o Nuevo Island 

An ̃ o Nuevo Island located at 37° 

6′29.25′′ N; 122°20′12.20′′ W is onequarter mile (402 m) offshore of An ̃o 

Nuevo Point in San Mateo County, CA. 

This small 25-acre (0.1 square km) 

island is part of the An ̃ o Nuevo State 

Reserve, all of which is owned and 

operated by California State Parks. The 

Island lies within the Monterey Bay 

National Marine Sanctuary and the An ̃o 

Nuevo State Marine Conservation Area. 

Point Reyes National Seashore 

Point Reyes National Seashore located 

is approximately 40 miles (64.3 km) 

north of San Francisco Bay and also lies 

within the Gulf of the Farallones 

National Marine Sanctuary. The 

proposed research areas (Life Boat 

Station, Drakes Beach, and Point Bonita) 

are within the headland coastal areas of 

the National Park. 

Description of the Specified Activity 

Seabird Research on Southeast Farallon 

Island 

Point Blue proposes to conduct: (1) 

Daily observations of seabird colonies at 

a maximum frequency of three 15- 

minute visits per day; and (2) conduct 

daily observations of breeding common 

murres (Uria aalge) at a maximum 

frequency of one, 5-hour visit per day in 

September. These activities usually 

involve one or two observers conducting 

daily censuses of seabirds or conducting 

mark/recapture studies of breeding 

seabirds on Southeast Farallon Island. 

The researchers plan to access the 

island’s two landing areas, the North 

Landing and the East Landing, by 14 to 

18 ft (4.3 to 5.5 m) open motorboats 

which are hoisted onto the island using 

a derrick system and then travel by foot 

to coastal areas of the island to view 

breeding seabirds from behind an 

observation blind. 

The potential for incidental take 

related to the mark/recapture studies is 

very low as these activities are 

conducted within the interior of the 

island away from the intertidal areas 

where the pinnipeds haul out. Most 

potential for incidental take would 

occur when the researchers approach or 

depart the intertidal area by motorboat 

or when the researchers walk within 50 

ft (15.2 m) of the haulout areas to enter 

the observation blinds to observe 

shorebirds. 

Field Station Resupply on Southeast 

Farallon Island 

Point Blue proposes to resupply the 

field station once every two weeks at a 

maximum frequency of 26 visits. 

Resupply activities involve personnel 

approaching either the North Landing or 

East Landing by motorboat. At East 

Landing–the primary landing site–all 

personnel assisting with the landing 

would stay on the loading platform 

approximately 30 ft (9.1 m) above the 

water. At North Landing, loading 

operations would occur at the water 

level in the intertidal areas. Most 

potential for incidental take would 

occur when the researchers approach 

the area by motorboat or when the 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76977 

researchers load or unload supplies 

onshore. 

Seabird Research on An ̃ o Nuevo Island 

Point Blue and its partners propose to 

monitor seabird burrow nesting habitat 

quality and to conduct habitat 

restoration at a maximum frequency of 

20 visits per year. This activity involves 

two to three researchers accessing the 

north side of the island by a 12 ft (3.7 

m) Zodiac boat. Once onshore, the 

researchers will check subterranean nest 

boxes and restore any nesting habitat for 

approximately 15 minutes. 

Most potential for incidental take 

would occur at the landing beach on the 

north side of the island when the 

researchers arrive and depart to check 

the boxes. Non-breeding pinnipeds may 

occasionally be present, including 

California sea lions that may be hauled 

out near a small group of subterranean 

seabird nest boxes on the island terrace. 

In both locations researchers will be 

more than 50 ft (15.2 m) away from any 

potentially hauled out pinnipeds. 

Seabird Research on Point Reyes 

National Seashore 

The National Park Service in 

collaboration with Point Blue monitors 

seabird breeding and roosting colonies; 

conducts habitat restoration; removes 

non-native plants; monitors intertidal 

areas; and maintains coastal dune 

habitat. Seabird monitoring usually 

involves one or two observers 

conducting the survey by small boats 

(12 to 22 ft; 3.6 to 6.7 m) along the Point 

Reyes National Seashore shoreline. 

Researchers would visit the site at a 

maximum frequency of 20 times per 

year, with an emphasis on increasing 

monitoring during the nesting season. 

Researchers would conduct occasional, 

intermittent visits during the rest of the 

year. 

A majority of the research occurs in 

areas where marine mammals are not 

present. However, the potential for 

incidental harassment will occur at the 

landing beaches along Point Reyes 

Headland, boat ramps, or parking lots 

where northern elephant seals, harbor 

seals, or California sea lions may be 

hauled out in the vicinity. 

NMFS expects that acoustic and 

visual stimuli resulting from the 

proposed motorboat operations and 

human presence has the potential to 

harass marine mammals. NMFS also 

expects that these disturbances would 

be temporary and result, at worst, in a 

temporary modification in behavior 

and/or low-level physiological effects 

(Level B harassment) of certain species 

of marine mammals. 

Description of the Marine Mammals in 

the Area of the Proposed Specified 

Activity 

The marine mammals most likely to 

be harassed incidental to conducting 

seabird research at the proposed 

research areas on Southeast Farallon 

Island, An ̃ o Nuevo Island, and Point 

Reyes National Seashore are primarily 

California sea lions, northern elephant 

seals, Pacific harbor seals, and to a 

lesser extent the eastern distinct 

population segment (DPS) of the Steller 

sea lion. NMFS presents general 

information on these species in the next 

section. NMFS refers the public to 

Carretta et al. (2014) and Allen and 

Angliss (2014) for additional 

information on the status, distribution, 

seasonal distribution, and life history of 

these species. The publications are 

available on the Internet at: http://

www.nmfs.noaa.gov/pr/sars/pdf/

pacific2013_final.pdf and http://

www.nmfs.noaa.gov/pr/sars/pdf/

ak2013_final.pdf. 

Northern Elephant Seal 

Northern elephant seals are not listed 

as threatened or endangered under the 

Endangered Species Act, nor are they 

categorized as depleted under the 

Marine Mammal Protection Act. The 

estimated population of the California 

Breeding Stock is approximately 

124,000 animals and the maximum 

population growth rate is 11.7 percent 

(Carretta et al., 2014). 

Northern elephant seals range in the 

eastern and central North Pacific Ocean, 

from as far north as Alaska and as far 

south as Mexico. Northern elephant 

seals spend much of the year, generally 

about nine months, in the ocean. They 

are usually underwater, diving to depths 

of about 1,000 to 2,500 ft (330–800 m) 

for 20- to 30-minute intervals with only 

short breaks at the surface. They are 

rarely seen out at sea for this reason. 

While on land, they prefer sandy 

beaches. 

Northern elephant seals breed and 

give birth in California (U.S.) and Baja 

California (Mexico), primarily on 

offshore islands (Stewart et al., 1994), 

from December to March (Stewart and 

Huber, 1993). Males feed near the 

eastern Aleutian Islands and in the Gulf 

of Alaska, and females feed further 

south, south of 45° N (Stewart and 

Huber, 1993; Le Boeuf et al., 1993). 

Adults return to land between March 

and August to molt, with males 

returning later than females. Adults 

return to their feeding areas again 

between their spring/summer molting 

and their winter breeding seasons. 

At Point Reyes, the population ranges 

from 1,500 and 2,000 animals (NPS, 

2013a). Adult northern elephant seals 

visit Point Reyes twice a year (NPS, 

2013a). They arrive in early winter from 

their feeding grounds off Alaska and the 

largest congregations occur in the 

winter, when the females arrive to 

deliver their pups and nurse them, and 

in spring when immature seals and 

adult females return to molt. During the 

time they are onshore they are fasting 

(NPS, 2013b). 

At Southeast Farallon, the population 

consists of approximately 500 animals 

(FNMS, 2013). Northern elephant seals 

began recolonizing the South Farallon 

Islands in the early 1970s (Stewart et al., 

1994) at which time the colony grew 

rapidly. In 1983 a record 475 pups were 

born on the South Farallones (Stewart et 

al., 1994). Since then, the size of the 

South Farallones colony has declined, 

stabilizing in the early 2000s and then 

declining further over the past six years 

(USFWS, 2013). In 2012, a total of 90 

cows were counted on the South 

Farallones, and 60 pups were weaned 

(USFWS, 2013). Point Blue’s average 

monthly counts from 2000 to 2009 

ranged from 20 individuals in July to 

nearly 500 individuals in November 

(USFWS, 2013). 

Northern elephant seals are present 

on the islands and in the waters 

surrounding the South Farallones yearround for either breeding or molting; 

however, they are more abundant 

during breeding and peak molting 

seasons (Le Boeuf and Laws 1994, 

Sydeman and Allen, 1997). They live 

and feed in deep, offshore waters the 

remainder of the year. 

In mid-December, adult males begin 

arriving on the South Farallones, closely 

followed by pregnant females on the 

verge of giving birth. Females give birth 

to a single pup, generally in late 

December or January (Le Boeuf and 

Laws, 1994) and nurse their pups for 

approximately four weeks (Reiter et al., 

1978). Upon pup weaning, females mate 

with an adult male and then depart the 

islands. The last adult breeders depart 

the islands in mid-March. The spring 

peak of elephant seals on the rookery 

occurs in April, when females and 

immature seals (approximately one to 

four years old) arrive at the colony to 

molt (a one month process) (USFWS, 

2013). The year’s new pups remain on 

the island throughout both of these 

peaks, generally leaving by the end of 

April (USFWS, 2013). 

The lowest numbers of elephant seals 

present on the rookery occurs during 

June, July, and August, when sub-adult 

and adult males molt. Another peak of 

young seals return to the rookery for a 

mstockstill on DSK4VPTVN1PROD with NOTICES

76978 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

haul-out period in October, and at that 

time some individuals undergo partial 

molt (Le Boeuf and Laws, 1994). At An ̃ o 

Nuevo Island the population ranges 

from 900 to 1,000 adults. 

Observers first sighted elephant seals 

on An ̃ o Nuevo Island in 1955 and today 

the population ranges from 900 to 1,000 

adults (M. Lowry, unpubl. data). Males 

began to haul out on the mainland in 

1965. California State Park reports that 

by 1988/1989, approximately 2,000 

elephant seals came ashore to An ̃ o 

Nuevo (CSP, 2012). 

California Sea Lion 

California sea lions are not listed as 

threatened or endangered under the 

Endangered Species Act, nor are they 

categorized as depleted under the 

Marine Mammal Protection Act. The 

California sea lion is now a full species, 

separated from the Galapagos sea lion 

(Z. wollebaeki) and the extinct Japanese 

sea lion (Z. japonicus) (Brunner 2003, 

Wolf et al., 2007, Schramm et al., 2009). 

The estimated population of the U.S. 

stock of California sea lion is 

approximately 296,750 animals and the 

current maximum population growth 

rate is 12 percent (Carretta et. al., 2014). 

California sea lion breeding areas are 

on islands located in southern 

California, in western Baja California, 

Mexico, and the Gulf of California. 

During the breeding season, most 

California sea lions inhabit southern 

California and Mexico. Rookery sites in 

southern California are limited to the 

San Miguel Islands and the southerly 

Channel Islands of San Nicolas, Santa 

Barbara, and San Clemente (Carretta et. 

al., 2014). Males establish breeding 

territories during May through July on 

both land and in the water. Females 

come ashore in mid-May and June 

where they give birth to a single pup 

approximately four to five days after 

arrival and will nurse pups for about a 

week before going on their first feeding 

trip. Females will alternate feeding trips 

with nursing bouts until the pup is 

weaned between four and 10 months of 

age (NMML, 2010). 

Adult and juvenile males will migrate 

as far north as British Columbia, Canada 

while females and pups remain in 

southern California waters in the nonbreeding season. In warm water (El 

Nin ̃ o) years, some females are found as 

far north as Washington and Oregon, 

presumably following prey. 

The U.S. stock of California sea lion 

is the only stock present in the proposed 

research area and in recent years, 

California sea lions have begun to breed 

annually in small numbers at Southeast 

Farallon and An ̃o Nuevo Islands. 

On the Farallon Islands, California sea 

lions haul out in many intertidal areas 

year round, fluctuating from several 

hundred to several thousand animals. 

California sea lions at Point Reyes 

National Seashore haul out at only a few 

locations, but will occur on human 

structures such as boat ramps. The 

annual population averages around 300 

to 500 during the fall through spring 

months, although on occasion, several 

thousand sea lions can arrive depending 

upon local prey resources (S. Allen, 

unpublished data). On An ̃ o Nuevo 

Island, California sea lions may haulout 

at one of eight beach areas on the 

perimeter of the island (see Figure 2 in 

the Application). The island’s average 

population ranges from 4,000 to 9,500 

animals (M. Lowry, unpublished data). 

Pacific Harbor Seal 

Pacific harbor seals are not listed as 

threatened or endangered under the 

Endangered Species Act, nor are they 

categorized as depleted under the 

Marine Mammal Protection Act. The 

estimated population of harbor seals is 

30,196 animals (Carretta et. al., 2014). 

The animals inhabit near-shore 

coastal and estuarine areas from Baja 

California, Mexico, to the Pribilof 

Islands in Alaska. Pacific harbor seals 

are divided into two subspecies: P. v. 

stejnegeri in the western North Pacific, 

near Japan, and P. v. richardsi in the 

northeast Pacific Ocean. The latter 

subspecies, recognized as three separate 

stocks, inhabits the west coast of the 

continental United States, including: 

The outer coastal waters of Oregon and 

Washington states; Washington state 

inland waters; and Alaska coastal and 

inland waters. 

In California, over 500 harbor seal 

haulout sites are widely distributed 

along the mainland and offshore 

islands, and include rocky shores, 

beaches and intertidal sandbars (Lowry 

et. al., 2005). Harbor seals mate at sea 

and females give birth during the spring 

and summer, although, the pupping 

season varies with latitude. Pups are 

nursed for an average of 24 days and are 

ready to swim minutes after being born. 

Harbor seal pupping takes place at many 

locations and rookery size varies from a 

few pups to many hundreds of pups. 

In California, over 500 harbor seal 

haulout sites are widely distributed 

along the mainland and offshore 

islands, and include rocky shores, 

beaches and intertidal sandbars (Lowry 

et al., 2005). On the Farallon Islands, 

approximately 40 to 120 Pacific harbor 

seals haul out in the intertidal areas 

(Point Blue unpublished data). Harbor 

seals at Point Reyes National Seashore 

haul out at nine locations with an 

annual population of up to 4,000 

animals (M. Lowry, unpublished data). 

On An ̃ o Nuevo Island, harbor seals may 

haulout at one of eight beach areas on 

the perimeter of the island (see Figure 

2 in Point Blue’s Application) and the 

island’s average population ranges from 

100 to 150 animals (M. Lowry, 

unpublished data). 

Steller Sea Lion 

Steller sea lions consist of two 

distinct population segments: The 

western and eastern distinct population 

segments divided at 144° West 

longitude (Cape Suckling, Alaska). On 

October 23, 2013 NMFS found that the 

eastern distinct population segment of 

Steller sea lions has recovered. As a 

result of the finding, NMFS removed 

them from the list of threatened species 

under the ESA. 

Steller sea lions range along the North 

Pacific Rim from northern Japan to 

California (Loughlin et. al., 1984), with 

centers of abundance and distribution in 

the Gulf of Alaska and Aleutian Islands, 

respectively. The species is not known 

to migrate, but individuals disperse 

widely outside of the breeding season 

(late May through early July), thus 

potentially intermixing with animals 

from other areas. 

The western segment of Steller sea 

lions inhabit central and western Gulf of 

Alaska, Aleutian Islands, as well as 

coastal waters and breed in Asia (e.g., 

Japan and Russia). The eastern segment 

includes sea lions living in southeast 

Alaska, British Columbia, California, 

and Oregon. 

In 2014, the estimated population of 

the eastern distinct population segment 

ranged from a minimum of 63,160 to 

78,198 animals and the maximum 

population growth rate is 12.1 percent 

(Allen and Angliss, 2014). 

The eastern distinct population 

segment of Steller sea lions breeds on 

rookeries located in southeast Alaska, 

British Columbia, Oregon, and 

California. There are no rookeries 

located in Washington state. Steller sea 

lions give birth in May through July and 

breeding commences a couple of weeks 

after birth. Pups are weaned during the 

winter and spring of the following year. 

Despite the wide-ranging movements 

of juveniles and adult males in 

particular, exchange between rookeries 

by breeding adult females and males 

(other than between adjoining rookeries) 

appears low, although males have a 

higher tendency to disperse than 

females (NMFS, 1995; Trujillo et al., 

2004; Hoffman et al., 2006). A 

northward shift in the overall breeding 

distribution has occurred, with a 

contraction of the range in southern 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76979 

California and new rookeries 

established in southeastern Alaska 

(Pitcher et al., 2007). 

The current population of Steller sea 

lions in the proposed research area is 

estimated to number between 50 and 

750 animals. Overall, counts of nonpups at trend sites in California and 

Oregon have been relatively stable or 

increasing slowly since the 1980s (Allen 

and Angliss, 2014). 

Point Blue estimates that between 50 

and 150 Steller sea lions live on the 

Farallon Islands. On Southeast Farallon 

Island, the abundance of females 

declined an average of 3.6 percent per 

year from 1974 to 1997 (Sydeman and 

Allen, 1999). 

The National Marine Fisheries 

Service’s Southwest Fisheries Science 

Center estimates between 400 and 600 

live on An ̃ o Nuevo Island (Point Blue 

unpublished data, 2008; Southwest 

Fisheries Science Center unpublished 

data, 2008). At An ̃ o Nuevo Island off 

central California, a steady decline in 

ground counts started around 1970, and 

there was an 85 percent reduction in the 

breeding population by 1987 (LeBoeuf 

et al., 1991). 

Pup counts at An ̃ o Nuevo Island 

declined five percent annually through 

the 1990s (NOAA Stock Assessment, 

2003), and have apparently stabilized 

between 2001 and 2005 (M. Lowry, 

SWFSC unpublished data). In 2000, the 

combined pup estimate for both islands 

was 349. In 2005, the pup estimate was 

204 on the Island. Pup counts on the 

Farallon Islands have generally varied 

from five to 15 (Hastings and Sydeman, 

2002; Point Blue unpublished data). 

Pups have not been born at Point Reyes 

Headland since the 1970s and Steller 

sea lions are seen in very low numbers 

there currently (S. Allen, unpublished 

data). 

Other Marine Mammals in the Proposed 

Action Area 

California (southern) sea otters 

(Enhydra lutris nereis), listed as 

threatened under the Endangered 

Species Act and categorized as depleted 

under the Marine Mammal Protection 

Act, usually range in coastal waters 

within two km of shore. Point Blue has 

not encountered California sea otters on 

Southeast Farallon Island, An ̃ o Nuevo 

Island, or Point Reyes National Seashore 

during the course of seabird or pinniped 

research activities over the past five 

years. This species is managed by the 

U.S. Fish and Wildlife Service and is 

not considered further in this notice. 

Potential Effects of the Specified 

Activities on Marine Mammals 

This section includes a summary and 

discussion of the ways that the types of 

stressors associated with the specified 

activity (e.g., human presence and 

vessel movement) impact marine 

mammals (via observations or scientific 

studies). This section may include a 

discussion of known effects that do not 

rise to the level of an MMPA take (for 

example, with acoustics, NMFS may 

include a discussion of studies of 

animals exhibiting no reaction to sound 

or exhibiting barely perceptible 

avoidance behaviors). This discussion 

may also include reactions that we 

consider to rise to the level of a take. 

We intend to provide a background of 

potential effects of Point Blue’s research 

activities in this section. This section 

does not consider the specific manner in 

which Point Blue would carry out the 

proposed activity, what mitigation 

measures Point Blue would implement, 

and how either of those would shape 

the anticipated impacts from this 

specific activity. The ‘‘Estimated Take 

by Incidental Harassment’’ section later 

in this document will include a 

quantitative analysis of the number of 

individuals that we expect Point Blue to 

take during this activity. The 

‘‘Negligible Impact Analysis’’ section 

will include the analysis of how the 

seabird research activities would impact 

marine mammals. NMFS will consider 

the content of the following sections: (1) 

Estimated Take by Incidental 

Harassment; (3) Proposed Mitigation; 

and (4) Anticipated Effects on Marine 

Mammal Habitat, to draw conclusions 

regarding the likely impacts of this 

activity on the reproductive success or 

survivorship of individuals—and from 

that consideration—the likely impacts 

of this activity on the affected marine 

mammal populations or stocks. 

Acoustic and visual stimuli generated 

by: (1) Motorboat operations; and (2) the 

appearance of researchers may have the 

potential to cause Level B harassment of 

any pinnipeds hauled out on Southeast 

Farallon Island, An ̃ o Nuevo Island, or 

Point Reyes National Seashore. The 

effects of sounds from motorboat 

operations and the appearance of 

researchers might include hearing 

impairment or behavioral disturbance 

(Southall, et al., 2007). 

Hearing Impairment 

Marine mammals produce sounds in 

various important contexts—social 

interactions, foraging, navigating, and 

responding to predators. The best 

available science suggests that 

pinnipeds have a functional aerial 

hearing sensitivity between 75 hertz 

(Hz) and 75 kilohertz (kHz) and can 

produce a diversity of sounds, though 

generally from 100 Hz to several tens of 

kHz (Southall, et al., 2007). 

Exposure to high intensity sound for 

a sufficient duration may result in 

auditory effects such as a noise-induced 

threshold shift—an increase in the 

auditory threshold after exposure to 

noise (Finneran, Carder, Schlundt, and 

Ridgway, 2005). Factors that influence 

the amount of threshold shift include 

the amplitude, duration, frequency 

content, temporal pattern, and energy 

distribution of noise exposure. The 

magnitude of hearing threshold shift 

normally decreases over time following 

cessation of the noise exposure. The 

amount of threshold shift just after 

exposure is called the initial threshold 

shift. If the threshold shift eventually 

returns to zero (i.e., the threshold 

returns to the pre-exposure value), it is 

called temporary threshold shift 

(Southall et al., 2007). 

Pinnipeds have the potential to be 

disturbed by airborne and underwater 

noise generated by the small boats 

equipped with outboard engines 

(Richardson, Greene, Malme, and 

Thomson, 1995). However, there is a 

dearth of information on acoustic effects 

of motorboats on pinniped hearing and 

communication and to our knowledge 

there has been no specific 

documentation of hearing impairment 

in free-ranging pinnipeds exposed to 

small motorboats during realistic field 

conditions. 

Behavioral Disturbance 

Disturbances resulting from human 

activity can impact short- and long-term 

pinniped haul out behavior (Renouf et 

al., 1981; Schneider and Payne, 1983; 

Terhune and Almon, 1983; Allen et al., 

1984; Stewart, 1984; Suryan and 

Harvey, 1999; Mortenson et al., 2000; 

and Kucey and Trites, 2006). 

Disturbance includes a variety of effects, 

including subtle to conspicuous changes 

in behavior, movement, and 

displacement. Reactions to sound, if 

any, depend on species, state of 

maturity, experience, current activity, 

reproductive state, time of day, and 

many other factors (Richardson et al., 

1995; Wartzok et al., 2004; Southall et 

al., 2007; Weilgart, 2007). If a sound 

source displaces marine mammals from 

an important feeding or breeding area 

for a prolonged period, impacts on 

individuals and populations could be 

significant (e.g., Lusseau and Bejder, 

2007; Weilgart, 2007). 

Numerous studies have shown that 

human activity can flush harbor seals 

off haulout sites (Allen et al., 1984; 

mstockstill on DSK4VPTVN1PROD with NOTICES

76980 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

Calambokidis et al., 1991; Suryan and 

Harvey, 1999; and Mortenson et al., 

2000). The Hawaiian monk seal 

(Monachus schauinslandi) has been 

shown to avoid beaches that have been 

disturbed often by humans (Kenyon, 

1972). And in one case, human 

disturbance appeared to cause Steller 

sea lions to desert a breeding area at 

Northeast Point on St. Paul Island, 

Alaska (Kenyon, 1962). 

In 1997, Henry and Hammil (2001) 

conducted a study to measure the 

impacts of small boats (i.e., kayaks, 

canoes, motorboats and sailboats) on 

harbor seal haulout behavior in Me ́tis 

Bay, Quebec, Canada. During that study, 

the authors noted that the most frequent 

disturbances (n=73) were caused by 

lower speed, lingering kayaks and 

canoes (33.3 percent) as opposed to 

motorboats (27.8 percent) conducting 

high speed passes. The seal’s flight 

reactions could be linked to a surprise 

factor by kayaks-canoes which approach 

slowly, quietly and low on water 

making them look like predators. 

However, the authors note that once the 

animals were disturbed, there did not 

appear to be any significant lingering 

effect on the recovery of numbers to 

their pre-disturbance levels. In 

conclusion, the study showed that boat 

traffic at current levels has only a 

temporary effect on the haulout 

behavior of harbor seals in the Me ́tis 

Bay area. 

In 2004, Johnson and AcevedoGutierrez (2007) evaluated the efficacy 

of buffer zones for watercraft around 

harbor seal haulout sites on Yellow 

Island, Washington state. The authors 

estimated the minimum distance 

between the vessels and the haul-out 

sites; categorized the vessel types; and 

evaluated seal responses to the 

disturbances. During the course of the 

seven-weekend study, the authors 

recorded 14 human-related disturbances 

which were associated with stopped 

powerboats and kayaks. During these 

events, hauled out seals became 

noticeably active and moved into the 

water. The flushing occurred when 

stopped kayaks and powerboats were at 

distances as far as 453 and 1,217 ft (138 

and 371 m) respectively. The authors 

note that the seals were unaffected by 

passing powerboats, even those 

approaching as close as 128 ft (39 m), 

possibly indicating that the animals had 

become tolerant of the brief presence of 

the vessels and ignored them. The 

authors reported that on average, the 

seals quickly recovered from the 

disturbances and returned to the 

haulout site in less than or equal to 60 

minutes. Seal numbers did not return to 

pre-disturbance levels within 180 

minutes of the disturbance less than one 

quarter of the time observed. The study 

concluded that the return of seal 

numbers to pre-disturbance levels and 

the relatively regular seasonal cycle in 

abundance throughout the area counter 

the idea that disturbances from 

powerboats may result in site 

abandonment (Johnson and AcevedoGutierrez, 2007). 

As a general statement from the 

available information, pinnipeds 

exposed to intense (approximately 110 

to 120 decibels re: 20 mPa) non-pulse 

sounds often leave haulout areas and 

seek refuge temporarily (minutes to a 

few hours) in the water (Southall et al., 

2007). Based on the available data, 

previous monitoring reports from Point 

Blue, and studies described here, we 

anticipate that any pinnipeds found in 

the vicinity of the proposed project 

could have short-term behavioral 

reactions to the noise attributed to Point 

Blue’s motorboat operations and human 

presence related to the seabird research 

activities. We would expect the 

pinnipeds to return to a haulout site 

within 60 minutes of the disturbance 

(Allen et al., 1985). The effects to 

pinnipeds appear at the most, to 

displace the animals temporarily from 

their haul out sites and we do not 

expect that the pinnipeds would 

permanently abandon a haul-out site 

during the conduct of the proposed 

research. The maximum disturbance to 

Steller sea lions would result in the 

animals slowly flushing into the water 

in response to presence of the 

researchers. 

No research activities would occur on 

pinniped rookeries. Breeding animals 

are concentrated in areas where 

researchers would not visit. Therefore, 

NMFS does not expect mother and pup 

separation or crushing of pups during 

flushing. In summary, NMFS does not 

anticipate that the proposed activities 

would result in the injury, serious 

injury, or mortality of pinnipeds 

because the timing of research visits 

would preclude separation of mothers 

and pups, as activities occur outside of 

the pupping/breeding areas. 

The potential effects to marine 

mammals described in this section of 

the document do not take into 

consideration the proposed monitoring 

and mitigation measures described later 

in this document (see the ‘‘Proposed 

Mitigation’’ and ‘‘Proposed Monitoring 

and Reporting’’ sections). 

Anticipated Effects on Marine Mammal 

Habitat 

NMFS does not expect the proposed 

research activities to have any habitatrelated effects, including to marine 

mammal prey species, that could cause 

significant or long-term consequences 

for individual marine mammals or their 

populations. NMFS anticipates that the 

specified activity may result in marine 

mammals avoiding certain areas due to 

noise generated by: (1) Motorboat 

approaches and departures; (2) human 

presence during restoration activities 

and loading operations while 

resupplying the field station; and (3) 

human presence during seabird and 

pinniped research activities. NMFS 

considers this impact to habitat as 

temporary and reversible and 

considered this aspect in more detail 

earlier in this document, as behavioral 

modification. The main impact 

associated with the proposed activity 

will be temporarily elevated noise levels 

and the associated direct effects on 

marine mammals, previously discussed 

in this notice. 

Proposed Mitigation 

In order to issue an incidental take 

authorization under section 101(a)(5)(D) 

of the Marine Mammal Protection Act, 

we must set forth the permissible 

methods of taking pursuant to such 

activity, and other means of effecting 

the least practicable adverse impact on 

such species or stock and its habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance, and the availability of such 

species or stock for taking for certain 

subsistence uses. 

Point Blue has based the mitigation 

measures which they will implement 

during the proposed research, on the 

following: (1) Protocols used during 

previous Point Blue seabird research 

activities as required by our previous 

authorizations for these activities; and 

(2) recommended best practices in 

Richardson et al. (1995). 

To reduce the potential for 

disturbance from acoustic and visual 

stimuli associated with the activities 

Point Blue and/or its designees has 

proposed to implement the following 

mitigation measures for marine 

mammals: 

(1) Postpone beach landings on An ̃ o 

Nuevo Island until pinnipeds that may 

be present on the beach have slowly 

entered the water. 

(2) Select a pathway of approach to 

research sites that minimizes the 

number of marine mammals harassed. 

(3) Avoid visits to sites used by 

pinnipeds for pupping. 

(4) Monitor for offshore predators and 

do not approach hauled out pinnipeds 

if great white sharks (Carcharodon 

carcharias) or killer whales (Orcinas 

orca) are present. If Point Blue and/or 

its designees see predators in the area, 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76981 

they must not disturb the animals until 

the area is free of predators. 

(5) Keep voices hushed and bodies 

low to the ground in the visual presence 

of pinnipeds. 

(6) Conduct seabird observations at 

North Landing on Southeast Farallon 

Island in an observation blind, shielded 

from the view of hauled out pinnipeds. 

(7) Crawl slowly to access seabird nest 

boxes on An ̃ o Nuevo Island if pinnipeds 

are within view. 

(8) Coordinate research visits to 

intertidal areas of Southeast Farallon 

Island (to reduce potential take) and 

coordinate research goals for An ̃ o Nuevo 

Island to minimize the number of trips 

to the island. 

(9) Coordinate monitoring schedules 

on An ̃ o Nuevo Island, so that areas near 

any pinnipeds would be accessed only 

once per visit. 

(10) Have the lead biologist serve as 

an observer to evaluate incidental take. 

Mitigation Conclusions 

NMFS has carefully evaluated the 

applicant’s proposed mitigation 

measures and have considered a range 

of other measures in the context of 

ensuring that we have prescribed the 

means of effecting the least practicable 

adverse impact on the affected marine 

mammal species and stocks and their 

habitat. NMFS’ evaluation of potential 

measures included consideration of the 

following factors in relation to one 

another: 

(1) The manner in which, and the 

degree to which, we expect that the 

successful implementation of the 

measure would minimize adverse 

impacts to marine mammals; 

(2) The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

(3) The practicability of the measure 

for applicant implementation. 

Any mitigation measure(s) prescribed 

by NMFS should be able to accomplish, 

have a reasonable likelihood of 

accomplishing (based on current 

science), or contribute to the 

accomplishment of one or more of the 

general goals listed below: 

1. Avoidance or minimization of 

injury or death of marine mammals 

wherever possible (goals 2, 3, and 4 may 

contribute to this goal). 

2. A reduction in the numbers of 

marine mammals (total number or 

number at biologically important time 

or location) exposed to activities 

expected to result in the take of marine 

mammals (this goal may contribute to 1, 

above, or to reducing harassment takes 

only). 

3. A reduction in the number of times 

(total number or number at biologically 

important time or location) individuals 

would be exposed to activities expected 

to result in the take of marine mammals 

(this goal may contribute to 1, above, or 

to reducing harassment takes only). 

4. A reduction in the intensity of 

exposures (either total number or 

number at biologically important time 

or location) to activities expected to 

result in the take of marine mammals 

(this goal may contribute to 1, above, or 

to reducing the severity of harassment 

takes only). 

5. Avoidance or minimization of 

adverse effects to marine mammal 

habitat, paying special attention to the 

food base, activities that block or limit 

passage to or from biologically 

important areas, permanent destruction 

of habitat, or temporary destruction/

disturbance of habitat during a 

biologically important time. 

6. For monitoring directly related to 

mitigation—an increase in the 

probability of detecting marine 

mammals, thus allowing for more 

effective implementation of the 

mitigation. 

Based on our evaluation of Point 

Blue’s proposed measures, we have 

preliminarily determined that the 

mitigation measures provide the means 

of effecting the least practicable impact 

on marine mammal species or stocks 

and their habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. 

Proposed Monitoring 

In order to issue an incidental take 

authorization for an activity, section 

101(a)(5)(D) of the Marine Mammal 

Protection Act states that we must set 

forth ‘‘requirements pertaining to the 

monitoring and reporting of such 

taking.’’ The Act’s implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for an incidental 

take authorization must include the 

suggested means of accomplishing the 

necessary monitoring and reporting that 

will result in increased knowledge of 

the species and our expectations of the 

level of taking or impacts on 

populations of marine mammals present 

in the action area. 

Monitoring measures prescribed by 

NMFS should accomplish one or more 

of the following general goals: 

1. An increase in the probability of 

detecting marine mammals, both within 

the mitigation zone (thus allowing for 

more effective implementation of the 

mitigation) and in general to generate 

more data to contribute to the analyses 

mentioned later; 

2. An increase in our understanding 

of how many marine mammals are 

likely to be exposed to levels of 

potential stressor(s) associated with the 

action (e.g., sound or visual stimuli) that 

we associate with specific adverse 

effects, such as behavioral harassment, 

TTS, or PTS; 

3. An increase in our understanding 

of how marine mammals respond to 

stimuli expected to result in take and 

how anticipated adverse effects on 

individuals (in different ways and to 

varying degrees) may impact the 

population, species, or stock 

(specifically through effects on annual 

rates of recruitment or survival) through 

any of the following methods: 

• Behavioral observations in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

• Physiological measurements in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

• Distribution and/or abundance 

comparisons in times or areas with 

concentrated stimuli versus times or 

areas without stimuli; 

4. An increased knowledge of the 

affected species; and 

5. An increase in our understanding 

of the effectiveness of certain mitigation 

and monitoring measures. 

As part of its 2015–2016 application, 

Point Blue proposes to sponsor marine 

mammal monitoring during the present 

project, in order to implement the 

mitigation measures that require realtime monitoring, and to satisfy the 

monitoring requirements of the 

incidental harassment authorization. 

The Point Blue researchers will monitor 

the area for pinnipeds during all 

research activities. Monitoring activities 

will consist of conducting and recording 

observations on pinnipeds within the 

vicinity of the proposed research areas. 

The monitoring notes would provide 

dates, location, species, the researcher’s 

activity, behavioral state, numbers of 

animals that were alert or moved greater 

than one meter, and numbers of 

pinnipeds that flushed into the water. 

Point Blue has complied with the 

monitoring requirements under the 

previous authorizations for the 2007 

through 2014 seasons. The results from 

previous Point Blue’s monitoring 

reports support our findings that the 

proposed mitigation measures, which 

we also required under the 2007–2014 

Authorizations provide the means of 

effecting the least practicable adverse 

impact on the species or stock. 

Point Blue will submit a monitoring 

report on the January 31, 2014 through 

mstockstill on DSK4VPTVN1PROD with NOTICES

76982 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

January 30, 2015 research period by 

April 2015. Upon receipt and review, 

we will post this annual report on our 

Web site at http://www.nmfs.noaa.gov/

pr/permits/incidental/research.htm. 

Proposed Reporting 

Point Blue must submit a draft final 

report to NMFS’ Office of Protected 

Resources within 60 days after the 

conclusion of the 2016 field season. The 

report will include a summary of the 

information gathered pursuant to the 

monitoring requirements set forth in the 

Authorization. 

Point Blue will submit a final report 

to the Chief, Permits and Conservation 

Division, Office of Protected Resources, 

within 30 days after receiving comments 

from NMFS on the draft final report. If 

Point Blue does not receive any 

comments from NMFS on the draft 

report, NMFS and Point Blue will 

consider the draft final report to be the 

final report. 

Estimated Take by Incidental 

Harassment 

Except with respect to certain 

activities not pertinent here, the Marine 

Mammal Protection Act 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]. 

NMFS proposes to authorize take by 

Level B harassment only for the 

proposed seabird research activities on 

Southeast Farallon Island, An ̃ o Nuevo 

Island, and Point Reyes National 

Seashore. Acoustic (i.e., increased 

sound) and visual stimuli generated 

during these proposed activities may 

have the potential to cause marine 

mammals in the harbor area to 

experience temporary, short-term 

changes in behavior. 

Based on Point Blue’s previous 

research experiences, with the same 

activities conducted in the proposed 

research area, and on marine mammal 

research activities in these areas, we 

estimate that approximately 9,871 

California sea lions, 343 harbor seals, 

196 northern elephant seals, and 106 

Steller sea lions could be affected by 

Level B behavioral harassment over the 

course of the effective period of the 

proposed Authorization. 

The authorized take differs from Point 

Blue’s original request for California sea 

lions (10,092), northern elephant seals 

(261), harbor seals (526) and Steller sea 

lions (185). NMFS bases these new 

estimates on historical data from 

previous monitoring reports and 

anecdotal data for the same activities 

conducted in the proposed research 

area. In brief, for each species, we 

created a statistical model to derive an 

estimate of the average annual increase 

of reported take based on a best fit 

regression analysis (i.e., linear or 

polynomial regression) of reported take 

from 2007 to 2013. Next, we added the 

predicted annual increase in take to a 

baseline of take reported for 2013–2014 

season to project the estimated take for 

each species for the 2015–2016 

Authorization. We carried through the 

same predicted annual increase in take 

for future Authorizations (2014–2017) to 

obtain a mean projected take for each 

species. Last, we analyzed the reported 

take for each activity by calculating the 

upper bound of the 99 percent 

confidence interval of the mean 

reported take (2007–2013) and mean 

projected take (2014–2017) for each 

species. Our use of the upper 

confidence interval represents the best 

available information that supports our 

precautionary deliberation of how much 

take could occur annually. 

There is no evidence that Point Blue’s 

planned activities could result in injury, 

serious injury or mortality within the 

action area. Moreover, the required 

mitigation and monitoring measures 

will minimize further any potential risk 

for injury, serious injury, or mortality. 

Thus, we do not propose to authorize 

any injury, serious injury or mortality. 

We expect all potential takes to fall 

under the category of Level B 

harassment only. 

Encouraging and Coordinating 

Research 

Point Blue will continue to coordinate 

monitoring of pinnipeds during the 

research activities occurring on 

Southeast Farallon Island, An ̃ o Nuevo 

Island, and Point Reyes National 

Seashore. Point Blue conducts bone fide 

research on marine mammals, the 

results of which may contribute to the 

basic knowledge of marine mammal 

biology or ecology, or are likely to 

identify, evaluate, or resolve 

conservation problems. 

Negligible Impact 

Negligible impact is ‘‘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.’’ 

The lack of likely adverse effects on 

annual rates of recruitment or survival 

(i.e., population level effects) forms the 

basis of a negligible impact finding. 

In addition to considering estimates of 

the number of marine mammals that 

might be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

feeding, migration, etc.), as well as the 

number and nature of estimated Level A 

harassment takes, the number of 

estimated mortalities, effects on habitat, 

and the status of the species. 

In making a preliminary negligible 

impact determination, we consider: 

(1) The number of anticipated 

injuries, serious injuries, or mortalities; 

(2) The number, nature, and intensity, 

and duration of Level B harassment; 

(3) The context in which the takes 

occur (e.g., impacts to areas of 

significance, impacts to local 

populations, and cumulative impacts 

when taking into account successive/

contemporaneous actions when added 

to baseline data); 

(4) The status of stock or species of 

marine mammals (i.e., depleted, not 

depleted, decreasing, increasing, stable, 

impact relative to the size of the 

population); 

(5) Impacts on habitat affecting rates 

of recruitment/survival; and 

(6) The effectiveness of monitoring 

and mitigation measures. 

For reasons stated previously in this 

document and based on the following 

factors, NMFS does not expect Point 

Blue’s specified activities to cause longterm behavioral disturbance, 

abandonment of the haulout area, 

injury, serious injury, or mortality: 

(1) The effects of the pinniped and 

seabird research activities would be 

limited to short-term startle responses 

and localized behavioral changes due to 

the short and sporadic duration of the 

research activities. Minor and brief 

responses, such as short-duration startle 

or alert reactions, are not likely to 

constitute disruption of behavioral 

patterns, such as migration, nursing, 

breeding, feeding, or sheltering. 

(2) The availability of alternate areas 

for pinnipeds to avoid the resultant 

acoustic and visual disturbances from 

the research operations. Results from 

previous monitoring reports also show 

that the pinnipeds returned to the 

various sites and did not permanently 

abandon haul-out sites after Point Blue 

conducted their pinniped and research 

activities. 

(3) There is no potential for largescale movements leading to injury, 

serious injury, or mortality because the 

researchers must delay ingress into the 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76983 

landing areas until after the pinnipeds 

present have slowly entered the water. 

(4) The limited access of Point Blue’s 

researchers to Southeast Farallon Island, 

An ̃ o Nuevo Island, and Point Reyes 

National Seashore during the pupping 

season. 

We do not anticipate that any injuries, 

serious injuries, or mortalities would 

occur as a result of Point Blue’s 

proposed activities, and we do not 

propose to authorize injury, serious 

injury or mortality. These species may 

exhibit behavioral modifications, 

including temporarily vacating the area 

during the proposed seabird and 

pinniped research activities to avoid the 

resultant acoustic and visual 

disturbances. Further, these proposed 

activities would not take place in areas 

of significance for marine mammal 

feeding, resting, breeding, or calving 

and would not adversely impact marine 

mammal habitat. Due to the nature, 

degree, and context of the behavioral 

harassment anticipated, the activities 

are not expected to impact annual rates 

of recruitment or survival. 

NMFS does not expect pinnipeds to 

permanently abandon any area that is 

surveyed by researchers, as is evidenced 

by continued presence of pinnipeds at 

the sites during annual monitoring 

counts. 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 

proposed mitigation and monitoring 

measures, NMFS preliminarily finds 

that the total marine mammal take from 

Point Blue’s seabird research activities 

will not adversely affect annual rates of 

recruitment or survival and therefore 

will have a negligible impact on the 

affected species or stocks. 

Small Numbers 

As mentioned previously, NMFS 

estimates that four species of marine 

mammals could be potentially affected 

by Level B harassment over the course 

of the proposed Authorization. For each 

species, these numbers are small 

numbers (each, less than or equal to two 

percent) relative to the population size. 

These incidental harassment numbers 

represent approximately 3.33 percent of 

the U.S. stock of California sea lion, 1.74 

percent of the California stock of Pacific 

harbor seal, 0.16 percent of the 

California breeding stock of northern 

elephant seal, and 0.17 percent of the 

eastern distinct population segment of 

Steller sea lion. 

Because these are maximum 

estimates, actual take numbers are likely 

to be lower, as some animals may select 

other haulout sites the day the 

researchers are present. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

Section 101(a)(5)(D) of the MMPA 

also requires us to determine that the 

taking will not have an unmitigable 

adverse effect on the availability of 

marine mammal species or stocks for 

subsistence use. There are no relevant 

subsistence uses of marine mammals 

implicated by this action. Thus, 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 

On October 23, 2013 NMFS 

announced the removal of the eastern 

distinct population segment of Steller 

sea lions from the list of threatened 

species under the ESA. No marine 

mammal species listed under the ESA 

are anticipated to occur in the action 

area. Therefore, NMFS has determined 

that a section 7 consultation under the 

ESA is not required. 

National Environmental Policy Act 

(NEPA) 

In 2014, we prepared an 

Environmental Assessment (EA) 

analyzing the potential effects to the 

human environment from NMFS’ 

issuance of a proposed Authorization to 

Point Blue for their seabird research 

activities. In January 2014, NMFS issued 

a Finding of No Significant Impact 

(FONSI) on the issuance of an 

Authorization for Point Blue’s research 

activities in accordance with section 

6.01 of the NOAA Administrative Order 

216–6 (Environmental Review 

Procedures for Implementing the 

National Environmental Policy Act, May 

20, 1999). Point Blue’s proposed 

activities and impacts for 2015–2016 are 

within the scope of the 2014 EA and 

FONSI. NMFS has reviewed the 2014 

EA and determined that there are no 

new direct, indirect, or cumulative 

impacts to the human and natural 

environment associated with the 

Authorization requiring evaluation in a 

supplemental EA and NMFS, therefore, 

proposes to reaffirm the 2014 FONSI. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of marine mammals 

incidental to Point Blue’s seabird 

research activities, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. The next section 

provides the proposed IHA language 

and contains a draft of the 

Authorization. The wording within this 

section is proposed for inclusion in the 

Authorization (if issued). 

1. This Authorization is valid from 

January 31, 2015, through January 30, 

2016. 

2. This Authorization is valid only for 

specified activities associated with 

seabird research activities in the vicinity 

of pinniped haul out sites located on 

Southeast Farallon Island (37°41′54.32′′ 

N, 123° 0′8.33′′ W), An ̃ o Nuevo Island 

(37° 6′29.25′′ N, 122°20′12.20′′ W), 

within Point Reyes National Seashore 

(37°59′38.61′′ N, 122°58′24.90′′ W), San 

Francisco Bay, or the Russian River in 

Sonoma County. 

3. Species Authorized and Level of 

Takes. 

a. The taking, by Level B harassment 

only, is limited to the following species: 

9,871 California sea lions (Zalophus 

californianus), 343 Pacific harbor seals 

(Phoca vitulina), 196 northern elephant 

seals (Mirounga angustirostris), and 106 

Steller sea lions (Eumetopias jubatus). 

b. The taking by injury (Level A 

harassment), serious injury or death of 

any of the species listed in Condition 

3(a) or the taking of any kind of any 

other species of marine mammal is 

prohibited and may result in the 

modification, suspension or revocation 

of this Authorization. 

c. The taking of any marine mammal 

in a manner prohibited under this 

Authorization must be reported 

immediately to the West Coast Regional 

Administrator, National Marine 

Fisheries Service (NMFS), at (562) 980– 

4001 and to the Chief, Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at (301) 

427–8401. 

4. General Conditions. 

a. A copy of this Authorization must 

be in the possession of Point Blue, its 

designees, and field crew personnel 

(including research collaborators from 

Point Reyes National Seashore and 

Oikonos—Ecosystem Knowledge) 

operating under the authority of this 

Authorization. 

b. The holder must notify the 

Assistant Regional Administrator for 

Protected Resources, West Coast Region 

at (562) 982–4000 at least 24 hours prior 

to starting seabird research activities 

(unless constrained by the date of 

issuance of this Authorization). 

5. Mitigation Measures. 

In order to ensure the least practicable 

impact on the species listed in 

condition 3(a), the holder of this 

Authorization is required to: 

mstockstill on DSK4VPTVN1PROD with NOTICES

76984 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

a. Minimize the potential for 

disturbance (to the lowest level 

practicable near known pinniped haul 

outs by boat travel and pedestrian 

approach during pinniped and seabird 

research operations). Point Blue and its 

designees must: 

• Postpone beach landings until 

pinnipeds that may be present in the 

access areas have entered the water. 

• Select a pathway of approach to 

research sites that minimizes the 

number of marine mammals harassed. 

• Avoid visits to sites used by 

pinnipeds for pupping. 

• Monitor for offshore predators and 

not approach hauled out pinnipeds if 

great white sharks (Carcharodon 

carcharias) or killer whales (Orcinas 

orca) are in the area. If Point Blue and/ 

or its designees see predators in the 

area, they must not disturb the animals 

until the area is free of predators. 

• Keep voices hushed and bodies low 

to the ground in the visual presence of 

pinnipeds. 

• Conduct seabird observations at 

North Landing on Southeast Farallon 

Island in an observation blind, shielded 

from the view of hauled out pinnipeds. 

• Crawl slowly to access seabird nest 

boxes on An ̃ o Nuevo Island if pinnipeds 

are within view. 

• Coordinate research visits to 

intertidal areas of Southeast Farallon 

Island (to reduce potential take) and 

coordinate research goals for An ̃ o Nuevo 

Island to minimize the number of trips 

to the island. 

• Coordinate monitoring schedules 

on An ̃ o Nuevo Island, so that areas near 

any pinnipeds would be accessed only 

once per visit. 

• Have the lead biologist serve as an 

observer to evaluate incidental take. 

6. Monitoring. 

The holder of this Authorization is 

required to: 

a. Record the date, time, and location 

(or closest point of ingress) of each visit 

to the research site. See Table 2 for an 

example of a data collection sheet. 

b. Collect the following information 

for each visit: 

• Composition of the marine 

mammals sighted, such as species, 

gender and life history stage (e.g., adult, 

sub-adult, pup); 

• information on the numbers (by 

species) of marine mammals observed 

during the activities; 

• the estimated number of marine 

mammals (by species) that may have 

been harassed during the activities; 

• any behavioral responses or 

modifications of behaviors that may be 

attributed to the specific activities and 

a description of the specific activities 

occurring during that time (e.g., 

pedestrian approach, vessel approach); 

and 

• information on the weather, 

including the tidal state and horizontal 

visibility. 

c. Observers will record marine 

mammal behavior patterns observed 

before, during, and after the activities; 

in the following manner: 

• Flushing into the water; 

• stampeding into water; 

• moving more than 1 meter (m), but 

not in the water; 

• becoming alert and moving, but did 

not move more than 1 m; or 

• changing the direction of current 

movement. 

d. If applicable, note observations of 

marked or tag-bearing pinnipeds or 

carcasses, as well as any rare or unusual 

species of marine mammal. 

e. If applicable, note the presence of 

any offshore predators (date, time, 

number, species). 

7. Reporting. 

The holder of this Authorization is 

required to: 

a. Report observations of unusual 

behaviors of pinnipeds to Monica 

DeAngelis, Fishery Biologist, West Coast 

Region at (562) 982–3232 so that the 

appropriate personnel in the Regional 

Office may conduct any potential 

follow-up observations. 

b. Draft Report: Submit a draft final 

report to the Chief, Permits and 

Conservation Division, Office of 

Protected Resources, Headquarters, 

NMFS within 60 days after the 

expiration of the Authorization. The 

report will include the information 

gathered pursuant to the monitoring 

requirements listed in item 6, along 

with an executive summary. 

c. The Draft Report shall be subject to 

review and comment by NMFS. Any 

recommendations made by NMFS must 

be addressed in the Final Report prior 

to submission to NMFS. If we decide 

that the draft final report needs no 

comments, the draft final report will be 

considered to be the final report. 

d. Final Report: Submit a final report 

to the Chief, Permits and Conservation 

Division, Office of Protected Resources, 

Headquarters, NMFS within 30 days 

after receiving comments from us on the 

draft final report. 

8. Reporting Prohibited Take. 

In the unanticipated event that Point 

Blue’s activities cause any taking of a 

marine mammal in a manner prohibited 

by the Authorization, such as an injury 

(Level A harassment), serious injury or 

mortality (e.g., vessel-strike), Point Blue 

shall immediately cease the specified 

activities and immediately report the 

incident to the Chief, Permits and 

Conservation Division, Office of 

Protected Resources, at 301–427–8401 

and/or by email to Jolie.Harrison@

noaa.gov and ITP.Cody@noaa.gov and 

the Assistant West Coast Regional 

Stranding Coordinator at (562) 980– 

3264 (Justin.Greenman@noaa.gov). The 

report must include the following 

information: 

Time, date, and location (latitude/

longitude) of the incident; the name and 

type of vessel involved; the vessel’s 

speed during and leading up to the 

incident; description of the incident; 

water depth; environmental conditions 

(e.g., wind speed and direction, Beaufort 

sea state, cloud cover, and visibility); 

description of marine mammal 

observations in the 24 hours preceding 

the incident; species identification or 

description of the animal(s) involved; 

the fate of the animal(s); and 

photographs or video footage of the 

animal (if equipment is available). 

Point Blue shall not resume its 

activities until NMFS is able to review 

the circumstances of the prohibited 

take. NMFS will work with Point Blue 

to determine what is necessary to 

minimize the likelihood of further 

prohibited take and ensure MMPA 

compliance. Point Blue may not resume 

their activities until notified by NMFS 

in writing via a letter or email or via the 

telephone. 

9. Reporting an Injured or Dead 

Marine Mammal with an Unknown 

Cause of Death. 

In the event that Point Blue discovers 

an injured or dead marine mammal, and 

the lead researcher determines that the 

cause of the injury or death is unknown 

and the death is relatively recent (i.e., in 

less than a moderate state of 

decomposition as described in the next 

paragraph), Point Blue will immediately 

report the incident to the Chief, Permits 

and Conservation Division, Office of 

Protected Resources, at 301–427–8401 

and/or by email to Jolie.Harrison@

noaa.gov and ITP.Cody@noaa.gov and 

the Assistant West Coast Regional 

Stranding Coordinator at (562) 980– 

3264 (Justin.Greenman@noaa.gov). The 

report must include the same 

information identified in the paragraph 

above this section. Activities may 

continue while we review the 

circumstances of the incident. NMFS 

will work with Point Blue to determine 

whether modifications to the activities 

are appropriate. 

10. Reporting an Injured or Dead 

Marine Mammal not Related to Point 

Blue’s Activities. 

In the event that Point Blue discovers 

an injured or dead marine mammal, and 

the lead researcher determines that the 

injury or death is not associated with or 

related to the activities authorized in the 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76985 

1Commission regulations referred to herein are 

found at 17 CFR Ch. 1 et seq. (2014). 

Authorization (e.g., previously wounded 

animal, carcass with moderate to 

advanced decomposition, or scavenger 

damage), Point Blue will report the 

incident to the Chief, Permits and 

Conservation Division, Office of 

Protected Resources, at 301–427–8401 

and/or by email to Jolie.Harrison@

noaa.gov and ITP.Cody@noaa.gov and 

the Assistant West Coast Regional 

Stranding Coordinator at (562) 980– 

3264 (Justin.Greenman@noaa.gov) 

within 24 hours of the discovery. Point 

Blue will provide photographs or video 

footage (if available) or other 

documentation of the stranded animal 

sighting to us and the Marine Mammal 

Stranding Network. Point Blue can 

continue their research activities. 

11. A copy of this Authorization must 

be in the possession of Point Blue and 

its designees (including contractors and 

marine mammal monitors) operating 

under the authority of this Incidental 

Harassment Authorization at all times. 

Request for Public Comments 

NMFS requests comment on the 

analyses, the draft Authorization, and 

any other aspect of the Notice of 

Proposed Incidental Harassment 

Authorization for Point Blue’s seabird 

research activities. Please include with 

your comments any supporting data or 

literature citations to help inform the 

final decision on Point Blue’s request 

for an MMPA Authorization. 

Dated: December 18, 2014. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2014–29991 Filed 12–22–14; 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 of 1995 

(‘‘PRA’’), 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. 

DATES: Comments must be submitted on 

or before January 22, 2015. 

ADDRESSES: Comments may be 

submitted to OMB within 30 days of the 

notice’s publication, identified by 

‘‘Privacy of Consumer Financial 

Information’’ (OMB Control No. 3038– 

0055). Comments can be mailed to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for the 

Commodity Futures Trading 

Commission, 725 17th Street NW., 

Washington, DC 20503, or sent by email 

to OIRAsubmissions@omb.eop.gov, and 

also mailed to Kathy Harman-Stokes, 

Chief Privacy Officer, U.S. Commodity 

Futures Trading Commission, 1155 21st 

Street NW., Washington, DC 20581. 

Comments may also be submitted, 

regarding the burden estimated or any 

other aspect of the information 

collection, including suggestions for 

reducing the burden, identified by 

‘‘Privacy of Consumer Financial 

Information’’ (OMB Control No. 3038– 

0055), by any of the following methods: 

• Agency Web site, via its Comments 

Online process: http://

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• 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. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/search/index.jsp. 

Follow the instructions for submitting 

comments. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to http://

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commodity Futures Trading 

Commission (‘‘Commission’’) to 

consider information that is exempt 

from disclosure under the Freedom of 

Information Act, a petition for 

confidential treatment of the exempt 

information may be submitted according 

to the procedures set forth in § 145.9 of 

the Commission’s regulations.1

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from www.cftc.gov that it may deem to 

be inappropriate for publication, such as 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

rulemaking will be retained in the 

public comment file and will be 

considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Harman-Stokes, Chief Privacy 

Officer, U.S. Commodity Futures 

Trading Commission, 1155 21st Street 

NW., Washington, DC 20581; (202) 418– 

6629; FAX: (202) 418–5532; email: 

kharman-stokes@cftc.gov, and refer to 

OMB Control No. 3038–0055. This 

contact can also provide a copy of the 

ICR. 

SUPPLEMENTARY INFORMATION: 

Title: ‘‘Privacy of Consumer Financial 

Information,’’ OMB Control No. 3038– 

0055—Extension. This is a request for 

extension of a currently approved 

information collection. 

Abstract: The passage of the DoddFrank Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’), 

Public Law 111–203, 124 Stat. 1376 

(2010), broadened the Commission’s 

regulatory authority under the GrammLeach-Bliley Act (‘‘GLB Act’’) to cover 

two new entities: Swap Dealers and 

Major Swap Participants, in addition to 

Futures Commission Merchants, 

Commodity Trading Advisors, 

Commodity Pool Operators, and 

Introducing Brokers. Specifically, 

amendments to the GLB Act found in 

section 1093 of the Dodd-Frank Act, 

reaffirmed the Commission’s authority 

to promulgate regulations to require 

entities that are subject to the 

Commission’s jurisdiction to provide 

certain privacy protections for consumer 

financial information. These regulations 

were later extended to Retail Foreign 

Exchange Dealers. 

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 Commission’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 

October 23, 2014 (79 FR 63384). 

No comments have been received. 

Burden statement: The respondent 

burden for this collection is estimated to 

average 0.24 hours per response. 

Respondents/Affected Entities: 110. 

Estimated number of responses: 20. 

Estimated total annual burden on 

respondents: 528 hours. 

Frequency of collection: Annual. 

(Authority: 44 U.S.C. 3501 et seq.) 

mstockstill on DSK4VPTVN1PROD with NOTICES