Proposed Information Collection; Comment Request; Paperwork Submissions Under the Coastal Zone Management Act Federal Consistency Requirements, 55939-55940 [2019-22773]

Download as PDF Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices The proposed project is not known to occur in an important subsistence hunting area. Auke Bay is a developed area with regular marine vessel traffic. Of the marine mammals considered in this IHA application, only harbor seals are known to be used for subsistence in the project area. In a previous consultation with ADF&G, the Douglas Indian Association, Sealaska Heritage Institute, and the Central Council of the Tlingit and Haida Indian Tribes of Alaska on other construction activities in Statter Harbor, representatives indicated that the primary concern with construction activities in Statter Harbor was impacts to herring fisheries, not marine mammals. As stated above, impacts to fish from the proposed project are expected to be localized and temporary, so are not likely to impact herring fisheries. If any tribes express concerns regarding project impacts to subsistence hunting of marine mammals, further communication between will take place, including provision of any project information, and clarification of any mitigation and minimization measures that may reduce potential impacts to marine mammals. Therefore, NMFS has preliminarily 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 (ESA) Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 U.S.C. 1531 et seq.) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally, in this case with the Alaska Region Office of Protected Resources, whenever we propose to authorize take for endangered or threatened species. The effects of this proposed Federal action were adequately analyzed in NMFS’ 2019 Biological Opinion on the City and Borough of Juneau Docks and Harbors Department Statter Harbor Improvements Project, Juneau, Alaska, which concluded that the take NMFS proposes to authorize through this IHA would not jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any designated critical habitat. VerDate Sep<11>2014 16:37 Oct 17, 2019 Jkt 250001 Proposed Authorization As a result of these preliminary determinations, NMFS proposes to issue an IHA to the City of Juneau for conducting pile driving and removal activities in Auke Bay between October 2020 and May 2021, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. A draft of the proposed IHA can be found at https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. We request comment on our analyses, the proposed authorization, and any other aspect of this Notice of Proposed IHA for the proposed construction activity. We also request at this time comment on the potential renewal of this proposed IHA as described in the paragraph below. Please include with your comments any supporting data or literature citations to help inform decisions on the request for this IHA or a subsequent Renewal. On a case-by-case basis, NMFS may issue a one-year IHA renewal with an additional 15 days for public comments when (1) another year of identical or nearly identical activities as described in the Specified Activities section of this notice is planned or (2) the activities as described in the Specified Activities section of this notice would not be completed by the time the IHA expires and a Renewal would allow for completion of the activities beyond that described in the Dates and Duration section of this notice, provided all of the following conditions are met: • A request for renewal is received no later than 60 days prior to expiration of the current IHA. • The request for renewal must include the following: (1) An explanation that the activities to be conducted under the requested Renewal are identical to the activities analyzed under the initial IHA, are a subset of the activities, or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with the exception of reducing the type or amount of take because only a subset of the initially analyzed activities remain to be completed under the Renewal). (2) A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized. Frm 00038 Fmt 4703 Sfmt 4703 • Upon review of the request for Renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings in the initial IHA remain valid. Dated: October 11, 2019. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2019–22730 Filed 10–17–19; 8:45 am] Request for Public Comments PO 00000 55939 BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Paperwork Submissions Under the Coastal Zone Management Act Federal Consistency Requirements National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before December 17, 2019. ADDRESSES: Direct all written comments to Adrienne Thomas, Government Information Specialist, NOAA, 151 Patton Avenue, Room 159, Asheville, NC 28801 (or via the internet at PRAcomments@doc.gov). All comments received are part of the public record. Comments will generally be posted without change. All Personally Identifiable Information (for example, name and address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to David Kaiser, 603–862–2719 or David.Kaiser@noaa.gov. SUMMARY: E:\FR\FM\18OCN1.SGM 18OCN1 55940 Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices SUPPLEMENTARY INFORMATION: I. Abstract This notice and request for public comment is for a request to extend a currently approved information collection. The Coastal Zone Management Act (CZMA) creates a State-federal partnership to improve the management of the nation’s coastal zone through the development of federally approved State coastal management plans (CMPs). The CZMA provides two incentives for States to develop federally approved CMPs: (1) The National Oceanic and Atmospheric Administration (NOAA) has appropriated monies to grant to States to develop and implement State CMPs that meet statutory and regulatory criteria; and (2) the CZMA requires federal agencies, non-federal licensees, and State and local government recipients of federal assistance to conduct their activities in a manner ‘‘consistent’’ with the enforceable policies of NOAA-approved CMPs. The latter incentive, referred to as the ‘‘federal consistency’’ provision, is found at 16 U.S.C. 1456. NOAA’s regulations at 15 CFR part 930 implement NOAA’s responsibilities to provide procedures for the consistency provision, the procedures available for an appeal of a State’s objection to a consistency certification as provided for in 16 U.S.C. 1456(c)(3)(A) and (B) and 1456(d), and changes in the appeal process created by Congressional amendments in 1990, 1996 and 2005, and found at 16 U.S.C. 1465. Paperwork and information collection occur largely outside of NOAA by: (1) State and Federal agencies engaged in licensing and permitting activities affecting coastal resources, (2) Federal agencies taking actions affecting State coastal zones, and (3) Federal agencies providing federal assistance to State and local governments in the coastal zone. In each of these cases, information is collected by the entity making the license, permit, assistance or action decision and NOAA’s regulations provide for the use of that information already required by the State or Federal entity in the consistency process. Pursuant to 16 U.S.C. 1456, NOAA’s regulations require the appropriate entity, Federal agency or applicant for license or permit, to prepare a consistency determination or certification. This information is provided to the relevant State CMP, not to NOAA. Information is provided to NOAA only when there is a State objection to a consistency certification, when informal mediation is sought by a Federal agency or State, or when an VerDate Sep<11>2014 16:37 Oct 17, 2019 Jkt 250001 applicant for a federal license or permit appeals to the Secretary of Commerce for an override to a State CMPs objection to a consistency certification. Last, in 1990, Congress required State CMPs to provide for public participation in their permitting processes, consistency determinations and similar decisions, 16 U.S.C. 1455(d)(14), and NOAA regulations at part 930 implement that requirement. A number of paperwork submissions are required by the Coastal Zone Management Act (CZMA) federal consistency provision, 16 U.S.C. 1456, and implementing regulations. These submissions are intended to provide a reasonable, efficient, and predictable means of complying with CZMA requirements. The paperwork submission requirements are detailed in 15 CFR part 930. The information will be used by coastal states with federally approved Coastal Zone Management Programs to determine if Federal agency activities, Federal license or permit activities, and Federal assistance activities that affect a state’s coastal zone are consistent with the state’s coastal management program. Information will also be used by NOAA and the Secretary of Commerce for appeals to the Secretary by non-federal applicants regarding state CZMA objections to federal license or permit activities or Federal assistance activities. II. Method of Collection III. Data OMB Control Number: 0648–0411. Form Number(s): None. Type of Review: Regular submission (extension of a current information collection). Affected Public: State, Local, or tribal government; Federal government; business or other for-profit organizations; individuals or households. Estimated Number of Respondents: 2,334. Estimated Time per Response: Applications, certifications, and state objection or concurrence letters, 8 hours each; state requests for review of unlisted activities, 4 hours; public notices, 1 hour; interstate listing notices, 30 hours; mediation, 2 hours; appeals to the Secretary of Commerce, 210 hours. Frm 00039 Fmt 4703 Sfmt 4703 IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2019–22773 Filed 10–17–19; 8:45 am] BILLING CODE 3510–08–P DEPARTMENT OF COMMERCE Information is submitted pursuant to the procedural requirements of the CZMA and its implementing federal consistency regulations. Required information is case-specific and not submitted by form. Methods of submittal include email and mail. PO 00000 Estimated Total Annual Burden Hours: 35,799. Estimated Total Annual Cost to Public: $9,024 in recordkeeping and reporting costs. National Oceanic and Atmospheric Administration RIN 0648–XR050 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for Letter of Authorization; request for comments and information. AGENCY: NMFS has received a request from the University of California Santa Cruz for authorization to take small numbers of marine mammals incidental to rocky intertidal monitoring along the coasts of Oregon and California over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the University of SUMMARY: E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55939-55940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22773]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Paperwork 
Submissions Under the Coastal Zone Management Act Federal Consistency 
Requirements

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before December 17, 
2019.

ADDRESSES: Direct all written comments to Adrienne Thomas, Government 
Information Specialist, NOAA, 151 Patton Avenue, Room 159, Asheville, 
NC 28801 (or via the internet at [email protected]). All comments 
received are part of the public record. Comments will generally be 
posted without change. All Personally Identifiable Information (for 
example, name and address) voluntarily submitted by the commenter may 
be publicly accessible. Do not submit Confidential Business Information 
or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to David Kaiser, 603-862-2719 or [email protected].

[[Page 55940]]


SUPPLEMENTARY INFORMATION: 

I. Abstract

    This notice and request for public comment is for a request to 
extend a currently approved information collection.
    The Coastal Zone Management Act (CZMA) creates a State-federal 
partnership to improve the management of the nation's coastal zone 
through the development of federally approved State coastal management 
plans (CMPs). The CZMA provides two incentives for States to develop 
federally approved CMPs: (1) The National Oceanic and Atmospheric 
Administration (NOAA) has appropriated monies to grant to States to 
develop and implement State CMPs that meet statutory and regulatory 
criteria; and (2) the CZMA requires federal agencies, non-federal 
licensees, and State and local government recipients of federal 
assistance to conduct their activities in a manner ``consistent'' with 
the enforceable policies of NOAA-approved CMPs. The latter incentive, 
referred to as the ``federal consistency'' provision, is found at 16 
U.S.C. 1456. NOAA's regulations at 15 CFR part 930 implement NOAA's 
responsibilities to provide procedures for the consistency provision, 
the procedures available for an appeal of a State's objection to a 
consistency certification as provided for in 16 U.S.C. 1456(c)(3)(A) 
and (B) and 1456(d), and changes in the appeal process created by 
Congressional amendments in 1990, 1996 and 2005, and found at 16 U.S.C. 
1465.
    Paperwork and information collection occur largely outside of NOAA 
by: (1) State and Federal agencies engaged in licensing and permitting 
activities affecting coastal resources, (2) Federal agencies taking 
actions affecting State coastal zones, and (3) Federal agencies 
providing federal assistance to State and local governments in the 
coastal zone. In each of these cases, information is collected by the 
entity making the license, permit, assistance or action decision and 
NOAA's regulations provide for the use of that information already 
required by the State or Federal entity in the consistency process. 
Pursuant to 16 U.S.C. 1456, NOAA's regulations require the appropriate 
entity, Federal agency or applicant for license or permit, to prepare a 
consistency determination or certification. This information is 
provided to the relevant State CMP, not to NOAA. Information is 
provided to NOAA only when there is a State objection to a consistency 
certification, when informal mediation is sought by a Federal agency or 
State, or when an applicant for a federal license or permit appeals to 
the Secretary of Commerce for an override to a State CMPs objection to 
a consistency certification. Last, in 1990, Congress required State 
CMPs to provide for public participation in their permitting processes, 
consistency determinations and similar decisions, 16 U.S.C. 
1455(d)(14), and NOAA regulations at part 930 implement that 
requirement.
    A number of paperwork submissions are required by the Coastal Zone 
Management Act (CZMA) federal consistency provision, 16 U.S.C. 1456, 
and implementing regulations. These submissions are intended to provide 
a reasonable, efficient, and predictable means of complying with CZMA 
requirements. The paperwork submission requirements are detailed in 15 
CFR part 930. The information will be used by coastal states with 
federally approved Coastal Zone Management Programs to determine if 
Federal agency activities, Federal license or permit activities, and 
Federal assistance activities that affect a state's coastal zone are 
consistent with the state's coastal management program. Information 
will also be used by NOAA and the Secretary of Commerce for appeals to 
the Secretary by non-federal applicants regarding state CZMA objections 
to federal license or permit activities or Federal assistance 
activities.

II. Method of Collection

    Information is submitted pursuant to the procedural requirements of 
the CZMA and its implementing federal consistency regulations. Required 
information is case-specific and not submitted by form. Methods of 
submittal include email and mail.

III. Data

    OMB Control Number: 0648-0411.
    Form Number(s): None.
    Type of Review: Regular submission (extension of a current 
information collection).
    Affected Public: State, Local, or tribal government; Federal 
government; business or other for-profit organizations; individuals or 
households.
    Estimated Number of Respondents: 2,334.
    Estimated Time per Response: Applications, certifications, and 
state objection or concurrence letters, 8 hours each; state requests 
for review of unlisted activities, 4 hours; public notices, 1 hour; 
interstate listing notices, 30 hours; mediation, 2 hours; appeals to 
the Secretary of Commerce, 210 hours.
    Estimated Total Annual Burden Hours: 35,799.
    Estimated Total Annual Cost to Public: $9,024 in recordkeeping and 
reporting costs.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

Sheleen Dumas,
Departmental Lead PRA Officer, Office of the Chief Information Officer, 
Commerce Department.
[FR Doc. 2019-22773 Filed 10-17-19; 8:45 am]
 BILLING CODE 3510-08-P

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