Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Paperwork Submissions Under the Coastal Zone Management Act Federal Consistency Requirements, 56635-56637 [2022-19998]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56635-56637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19998]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Paperwork Submissions Under the Coastal Zone Management Act 
Federal Consistency Requirements

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

ACTION: Notice of information collection, request for comment.

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

SUMMARY: The Department of Commerce, in accordance with the Paperwork 
Reduction Act of 1995 (PRA), invites the general public and other 
Federal agencies to comment on proposed, and continuing information 
collections, which helps us assess the impact of our information 
collection requirements and minimize the public's reporting burden. The 
purpose of this notice is to allow for 60 days of public comment 
preceding submission of the collection to OMB.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before November 14, 2022.

ADDRESSES: Interested persons are invited to submit written comments to 
Adrienne Thomas, NOAA PRA Officer, at [email protected]. Please 
reference OMB Control Number 0648-0411 in the subject line of your 
comments. Do not submit Confidential Business Information or otherwise 
sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
specific questions related to collection activities should be directed 
to David Kaiser, Senior Policy Analyst, Office for Coastal Management, 
National Ocean Service, 246 Gregg Hall, 35 Colovos Road, Durham, NH 
03824-3534, 603-862-2719 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    This notice and request for public comment is for a request to 
extend a

[[Page 56636]]

currently approved information collection made by the Office for 
Coastal Management within the National Ocean Service of the National 
Oceanic and Atmospheric Administration pursuant to the requirements of 
Section 307 of the Coastal Zone Management Act (16 U.S.C. 1456) and its 
implementing regulations at 15 CFR part 930. Information collected 
pursuant to these requirements is used by states to determine the 
consistency of proposed federal actions with the enforceable policies 
of State coastal management programs (CMPs), and by NOAA when deciding 
appeals to State objections in the exercise of the review authority 
that the CZMA provides.
    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 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 routinely occurs by State CMPs 
pursuant to the CZMA federal consistency review requirements. Federal 
agencies proposing an action that may have reasonably foreseeable 
effects to coastal uses or resources must provide a consistency 
determination to affected states. The information requirements for 
consistency determinations are specified at 15 CFR 930.39. Non-federal 
applicants for federal licenses, permits and other forms of 
authorization that are listed by state CMPs as subject to review, must 
submit a statement certifying the consistency of the proposed activity 
to state CMPs pursuant to 15 CFR 930.57 accompanied by the necessary 
data and information specified at 15 CFR 930.58. Necessary data and 
information includes a copy of the application for the Federal license 
or permit; all material relevant to the State CMP provided to the 
Federal agency in support of the license or permit request; a detailed 
description of the proposed activity, its associated facilities and 
coastal effects; information specifically identified in the State CMP; 
and an evaluation that includes findings relating to the coastal 
effects of the proposal and its associated facilities to the relevant 
enforceable policies of the State CMP. For State and local agency 
applicants for federal financial assistance, the application shall be 
forwarded to the State CMP through the intergovernmental review process 
established pursuant to E.O. 12372, or submitted directly to the State 
CMP if the federal financial assistance is listed in the State CMP as 
subject to review. See 15 CFR 930.94.
    Information is provided to NOAA only when there is a State 
objection to a proposed federal license or permit, or federal financial 
assistance; when informal mediation is sought by a Federal agency or 
State; or when an applicant for a federal license or permit, or federal 
financial assistance appeals to the Secretary of Commerce for an 
override to a State CMP objection to the issuance of the authorization, 
or award of assistance. Last, in 1990, Congress required State CMPs to 
provide for public participation in their permitting processes, 
consistency determinations and similar decisions. See 16 U.S.C. 
1455(d)(14). How the public participation requirement is met is 
determined by each state with NOAA approval of the participation 
process.
    These submissions are intended to provide a reasonable, efficient, 
and predictable means of complying with CZMA requirements. 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 developed for and during state reviews will also be 
collected and considered by NOAA for appeals filed by non-federal 
applicants seeking an override of state CZMA objections to federal 
license or permit activities or Federal assistance activities.
    There have been no changes to the information collection 
requirements, their applicability or the methods of collection since 
the previous Paperwork Reduction Act extension.

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: $37 in recordkeeping and 
reporting costs.
    Respondent's Obligation: Required for the issuance of a federal 
license or permit, and award of federal financial assistance.
    Legal Authority: 16 U.S.C. 1456.

IV. Request for Comments

    We are soliciting public comments to permit the Department/Bureau 
to: (a) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility; (b) Evaluate the accuracy 
of our estimate of the time and cost burden for this proposed 
collection, including the validity of the methodology and assumptions 
used; (c) Evaluate ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) Minimize the reporting burden 
on those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number,

[[Page 56637]]

email address, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you may ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-19998 Filed 9-14-22; 8:45 am]
BILLING CODE 3510-08-P