30-Day Federal Register Notice

45086

Federal Register / Vol. 87, No. 143 / Wednesday, July 27, 2022 / Notices

TABLE 2—CHANGES TO MODIFIED LOA SHUTDOWN ZONES WITH ATTENUATION AND WITH NO ATTENUATION FOR ALL
AUTHORIZED SPECIES—Continued
Modification
action

Method

Pile size/type

Number
piles
installed or
removed/
day

Strikes/pile

Cetaceans—shutdown zones
(m)
LF

MF

Pinnipeds—
shutdown
zones
(m)

HF

# Days

jspears on DSK121TN23PROD with NOTICES

With Attenuation
Eliminated ..........

Impact Installation .....

Included .............
Included .............

....................................
....................................

30-in Pipe, Steel, concrete filled.
40-inch Pipe, Steel ....
52- to 60-inch Pipe,
Steel.

While the new Level A harassment
zones associated with impact driving
under the modified LOA (Table 2) are
larger in some instances than the injury
zones that were established under the
original LOA, there are significantly
fewer days of in-water installation
planned for the modification (91 days)
compared to the original LOA (151
days). Therefore, take of marine
mammals by Level A harassment would
be expected to be reduced. Additionally,
HRCP plans to eliminate installation of
50 30-inch steel pipe, concrete-filled
piles that were planned to be installed
using down-the-hole (DTH) methods. As
shown above, these piles have the
largest Level A harassment zones of any
of the piles that would have been driven
under the original LOA. Elimination of
these DTH installations in the original
LOA also supports a conclusion that,
overall, expected Level A harassment
events will be reduced under the
modified LOA.
Of note, marine mammal monitoring
during in-water construction up to
January 2022 has recorded two potential
takes by Level A harassment since the
start of LOA construction in July 2021.
HRCP was authorized 3,359 Level A
harassment takes split between the 5
years of the LOA and five authorized
species. The modifications to the
mitigation and monitoring
requirements, which include
establishing new shutdown and
harassment zones for 40-inch steel piles
and 52- to 60-inch pipe piles, create a
reasonable likelihood of more
effectively accomplishing the goals of
the mitigation and monitoring, pursuant
to the adaptive management provisions
set forth in the preamble in the final
rule (see ‘‘Mitigation’’ and ‘‘Monitoring
and Reporting’’ sections of the final rule
(86 FR 17458; April 2, 2021), for a
detailed description of the mitigation
and monitoring measures and the goals
of the measures).
In summary, the modifications would
result in a decrease in the total number
of active hours of installation/removal

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20 strikes ...........

6

135

10

50

25

85

200 strikes .........
200 strikes .........

3
3

450
330

20
20

100
100

25
25

5
71

by 855 hours and a decrease in the total
number of days of in-water installation/
removal by 60 days at South Island. The
number of sheet piles required would
decrease from 448 to 100, while the
number of steel pipe piles would
decrease from 901 to 271. Given these
modifications and the associated
decreases in hours and days of
installation/removal and number of
piles, as well as the reduced impacts
and resulting take, all of which fall
within the scope of the rule, we have
determined that the modified shutdown
zones have a reasonable likelihood of
more effectively reducing potential
adverse impacts to marine mammals
and would provide the means of
effecting the least practicable adverse
impact on the affected species or stocks
and their habitat.
The described modification of the
LOA does not alter the original scope of
activity analyzed or the impact analysis
in a manner that materially affects the
basis for the original findings under the
final rule, both annually and over the 5
year period of effectiveness.
Accordingly, we have determined that
the take authorized in this LOA will
have a negligible impact on the affected
species or stocks and, separately, that
the take will be of small numbers.
Authorization
NMFS has issued a modified LOA to
HRCP authorizing the take of marine
mammals for the reasons described
above, for the potential harassment of
small numbers of marine mammals
incidental to construction activities
associated with the Hampton Roads
Bridge Tunnel Expansion Project
provided the mitigation, monitoring and
reporting requirements of the
rulemaking are incorporated.
Dated: July 22, 2022.
Shannon Bettridge,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022–16138 Filed 7–26–22; 8:45 am]
BILLING CODE 3510–22–P

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COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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 Information and Regulatory
Affairs (‘‘OIRA’’), of 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 August 26, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0078, at https://
SUMMARY:

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jspears on DSK121TN23PROD with NOTICES

Federal Register / Vol. 87, No. 143 / Wednesday, July 27, 2022 / Notices
comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• 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.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include only information that you wish
to make available publicly. If you wish
the Commission to consider information
that you believe 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 established in § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or remove
any or all of your submission from
https://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
ICR 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:
Andrew Chapin, Associate Chief
Counsel, Market Participants Division,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581; (202) 418–5465; email: achapin@
cftc.gov.
SUPPLEMENTARY INFORMATION:
Title: Conflicts of Interest Policies and
Procedures by Futures Commission
Merchants and Introducing Brokers
(OMB Control No. 3038–0078).
Abstract: On April 3, 2012, the
Commission adopted Commission
regulation 1.71 (Conflicts of interest
policies and procedures by futures
commission merchants and introducing
brokers) 2 pursuant to sections 4d(c) 3 of
the Commodity Exchange Act (‘‘CEA’’).4
Commission regulation 1.71 generally
requires that, among other things,
generally that, among other things,
futures commission merchants
1 17

CFR 145.9.
CFR 1.71.
3 7 U.S.C. 6d(c).
4 77 FR 20198.
2 17

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(‘‘FCM’’) 5 and introducing brokers
(‘‘IB’’) 6 develop conflicts of interest
procedures and disclosures, adopt and
implement written policies and
procedures reasonably designed to
ensure compliance with their conflicts
of interest and disclosure obligations,
and maintain specified records related
to those requirements.7 The
Commission believes that the
information collection obligations
imposed by Commission regulation 1.71
are essential to (i) ensuring that FCMs
and IBs develop and maintain the
conflicts of interest systems, procedures
and disclosures required by the CEA,
and Commission regulations, and (ii)
the effective evaluation of these
registrants’ actual compliance with the
CEA and Commission regulations.
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.8 On May 25, 2022, the
Commission published in the Federal
Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 87
FR 31862 (‘‘60-Day Notice’’). The
Commission did not receive any
relevant comments on the 60-Day
Notice.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection to reflect the current
number of respondents and estimated
burden hours. The respondent burden
for this collection is estimated to be as
follows:
Number of Registrants: 1,065.
Estimated Average Burden Hours per
Registrant: 44.5.
Estimated Aggregate Burden Hours:
47,392.
Frequency of Recordkeeping:
Annually or on occasion.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: July 22, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–16106 Filed 7–26–22; 8:45 am]
BILLING CODE 6351–01–P
5 For the definition of FCM, see section 1a(28) of
the CEA and Commission regulation 1.3. 7 U.S.C.
1a(49) and 17 CFR 1.3.
6 For the definitions of IB, see section 1a(31) of
the CEA and Commission regulation 1.3. 7 U.S.C.
1a(33) and 17 CFR 1.3.
7 See 17 CFR 1.71.
8 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8
(b)(3)(vi).

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45087

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.

AGENCY:
ACTION:

Notice.

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 Information and Regulatory
Affairs (‘‘OIRA’’), of 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.

SUMMARY:

Comments must be submitted on
or before August 26, 2022.

DATES:

Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0012, at https://
comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• 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.

ADDRESSES:

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