Notices. Notice to revise an existing system of records

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BILLING CODE 4510-43-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Privacy Act of 1974, as Amended; System of Records Notices AGENCY: National Archives and Records Administration (NARA). ACTION: Notice to revise an existing system of records. SUMMARY: The National Archives and Records Administration

(NARA)is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. NARA also proposes to revise its routine uses (found in Appendix A) to incorporate routine use language recommended by the President's Task Force on Identity Theft. In this notice, NARA publishes a revision to NARA 23, Office of Inspector General Investigative Case Files, for comment. DATES: *Effective Dates:* The establishment of the revised system NARA 23 and the revised Appendix A will become effective without further notice on July 6, 2007, unless comments received on or before that date cause a contrary decision. If changes are made based on NARA's review of comments received, a new final notice will be published. ADDRESSES: NARA invites interested persons to submit comments on this system notice. Comments may be submitted by any of the following methods: • *Mail:* Send comments to: Privacy Act Officer, Office of General Counsel (NGC), Room 3110, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD, 20740-6001. • *Fax:* Submit comments by facsimile transmission to: 301-837-0293. • *E-Mail:* Send comments to *ramona.oliver@nara.gov.* FOR FURTHER INFORMATION CONTACT: Ramona Branch Oliver, Privacy Act Officer, 301-837-2024 (voice) or 301-837-0293 (fax). SUPPLEMENTARY INFORMATION: The NARA system of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** . They are available on the Internet at *http://www.archives.gov/foia/privacy-program/inventory.html* or from the Privacy Act Officer, Office of General Counsel (NGC), Room 3110, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD, 20740-6001. The notice for NARA 23 is being revised in the following areas: • *Name of System:* The name of the system has changed from Investigative Case Files to Office of Inspector General Investigative Case Files. • *Security Classification:* The reference to the prevailing Executive Order on national security classification is updated to read EO 12958, as amended. • *Authority for Maintenance of the System:* References to 44 U.S.C. 2104(h) and Executive Orders 10450, 11246, and 11478 are removed. • *Routine Uses of Records Maintained in the System:* The routine use statements specific to NARA 23 have been completely revised. Appendix A is amended by adding new routine use H—Data Breach incorporating the suggested language from the President's Identity Task Force. One of the purposes of the Privacy Act, as stated in section 2(b)(4) of the Act, is to provide certain safeguards for an individual against an invasion of personal privacy by requiring Federal agencies to disseminate any record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information. NARA intends to follow these principles in transferring information to another agency or individual as a “routine use”, including assurance that the information is relevant for the purposes for which it is transferred. The NARA 23 system notice and the inventory of routine uses, as amended, are published at the end of this notice. Dated: May 29, 2007. Allen Weinstein, Archivist of the United States. 1. NARA 23 is revised to read as follows: NARA 23 SYSTEM NAME: Office of Inspector General Investigative Case Files. SECURITY CLASSIFICATION: Some of the material contained in this system of records has been classified in the interests of national security pursuant to Executive Orders 12958, as amended, and 13142. SYSTEM LOCATION: Investigative case files are located at the Office of Inspector General at the National Archives and Records Administration, College Park, Maryland. CATEGORIES OF INDIVIDUALS IN THE SYSTEM: Individuals covered by this system of records may include: persons who have been the source of a complaint or an allegation that a crime has occurred, witnesses having information or evidence concerning an investigation, and suspects in criminal, administrative, or civil actions. Current and former NARA employees, NARA contract employees, members of NARA's Federal advisory committees, and members of the public are covered under this system of records when they become subjects of or witnesses to authorized investigations. CATEGORIES OF RECORDS IN THE SYSTEM: Investigative case files may include: Statements of alleged administrative, ethical, or criminal wrongdoing; reports; related correspondence; exhibits; copies of forms and decisions; summaries of hearings and meetings; notes; attachments; and other working papers. These records may contain some or all of the following information about an individual: name; address; correspondence symbol; telephone number; birth date; birthplace; citizenship; educational background; employment history; medical history; identifying numbers such as social security and driver's license numbers; and insurance information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. App. 3. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: NARA maintains investigative case files on individuals to: examine allegations and/or complaints of fraud, waste, abuse, and irregularities and violations of laws and regulations; make determinations resulting from these authorized investigations; and facilitate the preparation of statistical and other reports by the Office of Inspector General. The routine use statements A, B, C, D, G, and H, described in Appendix A following the NARA Notices, apply to this system of records. In addition to the routine uses described in Appendix A, information in the system may be disclosed as follows: 1. To qualified individuals or organizations (including, but not limited to, members of the President's Council on Integrity and Efficiency, the Executive Council on Integrity and Efficiency, and authorized officials of the Department of Justice and the Federal Bureau of Investigation) in connection with the performance of peer reviews, qualitative assessment reviews, or other studies of internal safeguards and management procedures employed in the operation of the Office of Inspector General. 2. To a court, magistrate or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witness in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings or in response to a subpoena where arguably relevant to a proceeding. 3. To the Department of Justice for the purpose of litigating an action or seeking legal advice, or for the purpose of obtaining its advice on Freedom of Information Act matters. 4. To third parties during the course of an investigation to the extent necessary to obtain information pertinent to the investigation. 5. To a congressional office in response to an inquiry made at the request of the individual to whom the record pertains. 6. To an individual or individuals who are in danger in situations involving an imminent danger of death or physical injury. 7. To independent auditors or other private firms or individuals with which the Office of Inspector General has contracted to carry out an independent audit, or to provide support for audits, reviews, investigations or other inquiries. These contractors will be required to maintain Privacy Act safeguards with respect to such records. 8. To inform complainants, victims, and witnesses of the results of an investigation or inquiry. 9. To a Federal agency responsible for considering debarment or suspension action if the record would be relevant to such action. 10. To the Office of Management and Budget for the purpose of obtaining its advice on Privacy Act matters. 11. To the Office of Government Ethics to comply with agency reporting requirements established by the Office of Government Ethics in 5 CFR part 2638, subpart F. 12. To the White House, Office of Management and Budget, and other organizations in the Executive Office of the President regarding matters inquired of. 13. To a contractor, subcontractor, or grantee firm or institution, to the extent that the disclosure is in NARA's interest and is relevant and necessary in order that the contractor, subcontractor, or grantee is able to take administrative or corrective action. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and electronic media. RETRIEVABILITY: Information in investigative case files may be retrieved by case number, an individual's name, or social security number. SAFEGUARDS: During business hours, records are maintained in areas accessible only to authorized NARA personnel. After business hours, buildings have security guards and/or secured doors, and all entrances are monitored by electronic surveillance equipment. RETENTION AND DISPOSAL: Nearly all investigative case files are temporary records and are destroyed in accordance with the disposition instructions in the NARA records schedule contained in FILES 203, the NARA Files Maintenance and Records Disposition Manual. However, the retention and disposal of significant investigative case files, such as those that result in national media attention, congressional investigation, and/or substantive changes in agency policy or procedure, are determined on a case-by-case basis. Individuals may request a copy of the disposition instructions from the NARA Privacy Act Officer. SYSTEM MANAGER(S) AND ADDRESS: The system manager is the Inspector General, Office of Inspector General. The address is listed in Appendix B following the NARA Notices. NOTIFICATION PROCEDURE: Individuals interested in inquiring about their records should notify the NARA Privacy Act Officer at the address listed in Appendix B following the NARA notices. RECORD ACCESS PROCEDURES: Individuals who wish to gain access to their records should submit their request in writing to the NARA Privacy Act Officer at the address listed in Appendix B. CONTESTING RECORD PROCEDURES: NARA rules for contesting the contents and appealing initial determinations are found in 36 CFR part 1202. RECORD SOURCE CATEGORIES: Information in investigative case files may be obtained from current and former NARA employees, NARA contract employees, members of NARA's Federal advisory committees, researchers, law enforcement agencies, other Government agencies, informants, and educational institutions, and from individuals' employers, references, coworkers, and neighbors. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: In accordance with 5 U.S.C. 552a(j)(2), this system of records, to the extent it pertains to the enforcement of criminal laws, is exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, except subsections (b), (c)(1) and (c)(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). This exemption applies to those records and information contained in the system of records pertaining to the enforcement of criminal laws. In accordance with 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), this system of records is exempt from subsections (c)(3); (d); (e)(1); (e)(4)(G) and (H); and

(f)of the Privacy Act of 1974 if the system of records is:

(1)Subject to the provisions of section 552(b)(1) of this title;

(2)investigatory material compiled for law enforcement purposes; however, if any individual is denied any right, privilege, or benefit to which the individual would otherwise be entitled by Federal law or otherwise eligible as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of the Act, under an implied promise that the identity of the source would be held in confidence; and

(3)investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified material, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of the Act, under an implied promise that the identity of the source would be held in confidence. 2. Appendix A is amended as follows: Appendix A: Routine Uses The following routine use statements will apply to National Archives and Records Administration notices where indicated: A. *Routine Use-Law Enforcement:* In the event that a system of records maintained by this agency to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records, may be referred, as a routine use, to the appropriate agency, whether Federal, State, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto. B. *Routine Use-Disclosure When Requesting Information:* A record from this system of records may be disclosed as a routine use to a Federal, State, or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, if necessary, to obtain information relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. C. *Routine Use-Disclosure of Requested Information:* A record from this system of records may be disclosed to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, conducting a security or suitability investigation, classifying a job, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. D. *Routine Use-Grievance, Complaint, Appeal:* A record from this system of records may be disclosed to an authorized appeal or grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator, or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee. A record from this system of records may be disclosed to the United States Office of Personnel Management, the Merit Systems Protection Board, Federal Labor Relations Authority, or the Equal Employment Opportunity Commission when requested in the performance of their authorized duties. To the extent that official personnel records in the custody of NARA are covered within the system of records published by the Office of Personnel Management as Government wide records, those records will be considered as a part of that Government wide system. Other records covered by notices published by NARA and considered to be separate systems of records may be transferred to the Office of Personnel Management in accordance with official personnel programs and activities as a routine use. E. *Routine Use-Congressional Inquiries:* A record from this system of records may be disclosed as a routine use to a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the request of the individual about whom the record is maintained. F. *Routine Use-NARA Agents:* A record from this system of records may be disclosed as a routine use to an expert, consultant, agent, or a contractor of NARA to the extent necessary for them to assist NARA in the performance of its duties. Agents include, but are not limited to, GSA or other entities supporting NARA's payroll, finance, and personnel responsibilities. G. *Routine Use-Department of Justice/Courts:* A record from this system of records may be disclosed to the Department of Justice or in a proceeding before a court or adjudicative body before which NARA is authorized to appear, when:

(a)NARA, or any component thereof; or,

(b)any employee of NARA in his or her official capacity; or,

(c)any employee of NARA in his or her individual capacity where the Department of Justice or NARA has agreed to represent the employee; or

(d)the United States, where NARA determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or by NARA before a court or adjudicative body is deemed by NARA to be relevant and necessary to the litigation, provided, however, that in each case, NARA determines that disclosure of the records is a use of the information contained in the records that is compatible with the purpose for which the records were collected. H. *Routine Use—Data breach:* A record from this system of records may be disclosed to appropriate agencies, entities, and persons when

(1)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;

(2)NARA has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harem to the security or integrity of this system or other systems or programs (whether maintained by NARA of another agency or entity) that rely upon the compromised information; and

(3)the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with NARA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. [FR Doc. E7-10849 Filed 6-5-07; 8:45 am] BILLING CODE 7515-01-P NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES Notice of Proposed Information Collection: Assessing the Effectiveness of Various Methods Used To Distribute Funds to U.S. Museums AGENCY: Institute of Museum and Library Services, National Foundation for the Arts and Humanities. SUMMARY: The Institute of Museum and Library Services

(IMLS)as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3508(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Institute of Museum and Library Services is soliciting comments on a proposed study to assess the effectiveness of various methods used to distribute funds to the nation's museums. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before August 6, 2007. IMLS is particularly interested in comments that help the agency to: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. ADDRESSES: Send comments to: Mamie Bittner, Deputy Director, Office of Policy, Planning, Research, and Communications, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC. Ms. Bittner can be reached by telephone: 202-653-4630; fax: 202-653-4600; or e-mail: *mbittner@imls.gov.* SUPPLEMENTARY INFORMATION: I. Background The Institute of Museum and Library Services is authorized by the Museum and Library Services Act, Public Law 108-81, and is the primary source of federal support for the nation's 122,000 libraries and 17,500 museums. The Institute's mission is to create strong libraries and museums that connect people to information and ideas. The Institute works at the national level and in coordination with state and local organizations to sustain heritage, culture, and knowledge; enhance learning and innovation; and support professional development. II. Current Actions To better understand the role of public funding the study will be framed by four questions:

(1)What mechanisms are currently used to deliver public funding to museums from the Federal government and the state government in each of the states to be identified?

(2)For what purposes are state and Federal public funds allocated to museums in each of the states to be identified?

(3)How do delivery mechanisms impact the quality of services? Are there gaps?

(4)Would alternative funding models, such as a population-based state grant, make a significant impact in addressing any identified gaps in museum services? Once completed, the results of the study will be incorporated into a report which will be made widely available to inform and benefit the museum community and the public at large. *Agency:* Institute of Museum and Library Services. *Title:* Assessing the Effectiveness of Various Methods Used to Distribute Funds to U.S. Museums. *OMB Number:* N/A. *Agency Number:* 3137. *Frequency:* One time. *Affected Public:* Museums, libraries, State Library Administrative Agencies, institutions of higher education, not-for-profit institutions, library and museum professional associations, Native American tribal governments, State and local governments, appointed and elected officials, school officials and educators, and individuals. FOR FURTHER INFORMATION CONTACT: Mamie Bittner, Deputy Director, Office of Policy, Planning, Research, and Communications, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC. Ms. Bittner can be reached by telephone: 202-653-4630; fax: 202-653-4600; or e-mail: *mbittner@imls.gov.* Dated: May 30, 2007. Barbara Smith, E-Projects Officer. [FR Doc. E7-10829 Filed 6-5-07; 8:45 am] BILLING CODE 7036-01-P NATIONAL SCIENCE FOUNDATION Notice of the Availability of a Draft Environmental Assessment AGENCY: National Science Foundation. ACTION: Notice of availability of a draft Environmental Assessment for proposed activities in the Eastern Tropical Pacific Ocean. SUMMARY: The National Science Foundation

(NSF)gives notice of the availability of a draft Environmental Assessment

(EA)for proposed activities in the Eastern Tropical Pacific Ocean. The Division of Ocean Sciences in the Directorate for Geosciences (GEO/OCE) has prepared a draft Environmental Assessment for a pair of marine geophysical surveys by the Research Vessel *Marcus G Langseth* in the Eastern Tropical Pacific Ocean, in international waters (2000-5000 meters depth) between 5° S and 11° N, along ~105° W during September-December 2007. The draft Environmental Assessment is available for public review for a 30-day period. DATES: Comments must be submitted on or before July 6, 2007. ADDRESSES: Copies of the draft Environmental Assessment are available upon request from: Dr. William Lang, National Science Foundation, Division of Ocean Sciences, 4201 Wilson Blvd., Suite 725, Arlington, VA 22230. Telephone:

(703)292-7857. The draft is also available on the agency's Web site at: *http://www.nsf.gov/geo/oce/pubs/MGL_ETP_2007_EA.pdf.* SUPPLEMENTARY INFORMATION: Lamont-Doherty Earth Observatory (LDEO), with research funding from the NSF, plans to conduct two marine seismic surveys in the Eastern Tropical Pacific Ocean

(ETP)during 2007. The research programs will take place in international waters of the ETP at least 890 km from any coast. The surveys will use a towed airgun array consisting of up to 27 operating airguns with a maximum discharge volume of 4950 in 3 . The studies will take place in offshore waters >2000 m deep. The first survey will start in September 2007 and will obtain seismic reflection images of the internal structure of the magmatic-hydrothermal system at the fast-spreading mid-ocean ridge of the East Pacific Rise (EPR). The seismic data from the EPR survey will be used to advance our understanding of the linkages between the fundamental process of crustal creation at the mid-ocean ridge and the biological systems that thrive in the absence of sunlight at deep sea volcanoes. The survey will allow the characterization of the fundamental heat source driving the seafloor hydrothermalism in the EPR, by examining the subsurface magma system. It will also provide an understanding of the relationships between the temporal variations in subsurface magma systems and highly transient phenomena observed at the seafloor like faulting, volcanism, and hydrothermal venting. Hydrothermal systems are of great interest in that they may be linked to the origin of life in early Earth history. The second survey is expected to take place from early November through December 2007. It will examine two important types of seismic behavior of the Quebrada, Discovery, and Gofar fault systems

(QDG)to understand better the behavior of earthquakes and faults in general. Oceanic transform faults, such as the QDG, are the most poorly studied of the various types of plate boundaries. The QDG survey will examine the seismogenic properties that make oceanic transforms unique, including abundant foreshocks before large earthquakes, slow ruptures, and large variations in fault seismic coupling. The two main questions to be addressed by the study are:

(1)Do large and small earthquakes nucleate in the same way, or is there some kind of fault preparation process before large events, and

(2)why do some faults remain locked for decades to centuries between large earthquakes while others creep aseismically and never have a large event? Refraction images of the material properties in both fault zones will provide important information about the physics of faulting and the earthquake process. The first survey

(EPR)is a multichannel seimic

(MCS)reflection survey in a 3D configuration. The survey will consist of two racetrack configurations with a total of 36 loops that will cover an area of ~28 × 28 km. The *Langseth* will deploy a 36-airgun array as an energy source. However, two identical two-stirring sources will be firing alternately, so that no more than 18 airguns will be firing at any time. The maximum discharge volume will be 3300 in 3 . The *Langseth* will also tow the receiving system, which consists of four 6-km hydrophone streamers; each streamer will be located 100 m from the adjacent streamer. The second study

(QDG)will consist of a refraction survey done in a 2D configuration. It will consist of two north-south lines, each ~122 km in length, each to be surveyed twice. If there is time, two 25-km west-east lines will also be surveyed, and one of the north-south lines will be resurveyed. With the contingency surveys, the study will consist of a total of 654 km of survey lines, including turns. The *Langseth* will deploy a 36-airgun array as an energy source. However, no more than 27 airguns will be fired at any time. The maximum discharge volume will be 4950 in 3 . A single 8-km streamer will be deployed. The *Langseth* will also deploy 40 long-term OBSs, deployed over a 50-km wide spread. The long-term OBSs will be recovered 1 year after deployment. Another 8-10 short-term OBSs will be deployed on each line, which will be retrieved after the seismic surveys are completed. LDEO has applied for the issuance of an Incidental Harrassment Authorization

(IHA)from the National Marine Fisheries Service

(NMFS)to authorize the incidental harassment of small numbers of marine mammals during the seismic survey. the information in this Environmental Assessment supports the IHA permit application process, provides information on marine species not covered by the IHA, and addresses the requirements of Executive Order 12114, “Environmental Effects Abroad of Major Federal Actions”. Alternatives addressed in this EA consist of a corresponding seismic survey at a different time, along with issuance of an associated IHA; and the no action alternative, with no IHA and no seismic survey. Numerous species of cetaceans and sea turtles occur in the Eastern Tropical Pacific Ocean. Several of the cetacean species are listed as *endangered* under the U.S. Endangered Species Act (ESA), including the humpback, sei, fin, blue, and sperm whales. Sea turtles that are known to occur in the ETP include the *endangered* leatherback, green, olive ridley, and hawksbill turtle, and the *threatened* loggerhead turtle. The potential impacts of the seismic surveys would be primarily a result of the operation of airguns, although a multi-beam sonar and a sub-bottom profiler will also be operated. Impacts may include increased marine noise and resultant avoidance behavior by marine mammals, sea turtles, and fish; and other forms of disturbance. The operations of the project vessel during the study would also cause a minor increase in the amount of vessel traffic. An integral part of the planned survey is a monitoring and mitigation program designed to minimize the impacts of the proposed activities on marine mammals and sea turtles that may be present during the proposed research, and to document the nature and extent of any effects. Injurious impacts to marine mammals and sea turtles have not been proven to occur near airgun arrays; however the planned monitoring and mitigation measures would minimize the possibility of such effects should they otherwise occur. Protection measures designed to mitigate the potential environmental impacts will include the following: a minimum of one dedicated marine mammal observer maintaining a visual watch during all daytime airgun operations, and two observers for 30 minutes before start up. A passive acoustic monitoring

(PAM)array will be monitored 24 hours per day while at the survey area during airgun operations and when the *Langseth* is underway while the airguns are not operating. The use of ramp-up, as well as implementation of power-down or shut-down procedures when animals approach a designated exclusion zone

(EZ)are also important mitigation measures. LDEO and its contractors are committed to apply those measures in order to minimize disturbance of marine mammals and sea turtles, and also to minimize the risk of injuries or of other environmental impacts. With the planned monitoring and mitigation measures, unavoidable impacts to each of the species of marine mammal that might be encountered are expected to be limited to short-term localized changes in behavior and distribution near the seismic vessel. At most, such effects may be interpreted as falling within the Marine Mammal Protection Act

(MMPA)definition of “Level B Harassment” for those species managed by NMFS. No long-term or significant effects are expected on individual marine mammals, or the populations to which they belong, or their habitats. The agency is currently consulting with the NMFS regarding species within their jurisdiction potentially affected by this proposed activity. Copies of the draft EA, titled “Environmental Assessment of two Marine Geophysical Surveys by the *Marcus G. Langseth* in the Eastern Tropical Pacific, 2007,” are available upon request from: Dr. William Lang, National Science Foundation, Division of Ocean Sciences, 4201 Wilson Blvd., Suite 725, Arlington, VA 22230. Telephone:

(703)292-7857 or at the agency's Web site at: *http://www.nsf.gov/geo/oce/pubs/MGL ETP 2007 EA.pdf.* The NSF invites interested members of the public to provide written comments on this draft EA. Dated: May 31, 2007. Dr. Alexander Shor, Program Director, Oceanographic Instrumentation and Technical Services, Division of Ocean Sciences, National Science Foundation. [FR Doc. 07-2809 Filed 6-5-07; 8:45 am]

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