81 FR 67984 - Proposed Information Collection; Comment Request; Applications and Reporting Requirements for the Incidental Take of Marine Mammals by Specified Activities (Other Than Commercial Fishing Operations) Under the Marine Mammal Protection Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 191 (October 3, 2016)

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 comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 67984-67985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23743]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Applications 
and Reporting Requirements for the Incidental Take of Marine Mammals by 
Specified Activities (Other Than Commercial Fishing Operations) Under 
the Marine Mammal Protection Act

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

ACTION: Notice.

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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 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 2, 
2016.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Dale Youngkin, (301) 427-8401 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    This request is for an extension of a currently approved 
information collection.
    The Marine Mammal Protection Act of 1972 (MMPA; 16 U.S.C. 1361 et 
seq.) prohibits the ``take'' of marine mammals unless otherwise 
authorized or exempted by law. Among the provisions that allow for 
lawful take of marine mammals, sections 101(a)(5)(A) and (D) of the 
MMPA direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing), within a specified geographical region if, after 
notice and opportunity for public comment, we find that the taking will 
have a negligible impact on the affected 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). The National 
Marine Fisheries Service (NMFS) also must set forth the permissible 
methods of taking; other means of effecting the least practicable 
adverse impact on the species or stock and its habitat (mitigation); 
and requirements pertaining to the monitoring and reporting of such 
taking.
    Issuance of an incidental take authorization (Authorization) under 
section 101(a)(5)(A) or 101(a)(5)(D) of the MMPA requires three sets of 
information collection: (1) A complete application for an 
Authorization, as set forth in our implementing regulations at 50 CFR 
216.104, which provides the information necessary for us to make the 
necessary statutory determinations, including estimates of take and an 
assessment of impacts on the affected species and stocks; (2) 
information relating to required monitoring; and (3) information 
related to required reporting. These collections of information enable 
us to: (1) Evaluate the proposed activity's impact on marine mammals; 
(2) arrive at the appropriate determinations required by the MMPA and 
other applicable laws prior to issuing the authorization; and (3) 
monitor impacts of activities for which we have issued Authorizations 
to determine if our predictions regarding impacts on marine mammals 
remain valid.
    On August 4, 2016, NMFS published a Federal Register Notice (81 FR 
51694) notifying the public of its new Technical Guidance for Assessing 
the Effects of Anthropogenic Sound on Marine Mammal Hearing (Guidance). 
This guidance established new thresholds for predicting auditory 
injury, which equates to Level A harassment (a type of take) under the 
MMPA. In that Federal Register Notice we stated that we would consider 
the effect of the Guidance, specifically whether a revision in the 
burden hour estimates is appropriate, and invite public comment on its 
assessment.
    Although NMFS has updated the acoustic thresholds and these changes 
may necessitate new methodologies for calculating impacts, NMFS does 
not anticipate that the new guidance will substantially add to the 
overall burden to applicants for incidental take authorizations. This 
is due to the fact that, recognizing that action proponents have 
varying abilities to model and estimate exposure, and that the new 
guidance may be more complex than some action proponents are able to 
incorporate, NMFS provided an alternative methodology with an 
associated spreadsheet for use as an aid. Action proponents already 
using more

[[Page 67985]]

complex modeling capabilities would simply modify their modeling 
efforts using the new criteria, and action proponents without the 
ability to do more complex modeling may opt to use the alternative 
methodology spreadsheet. Therefore, the estimated time per response is 
not affected by the guidance.

II. Method of Collection

    Respondents have a choice of submitting either electronic or paper 
forms. Methods of submittal include email, mail, overnight delivery 
service, and/or facsimile transmissions.

III. Data

    OMB Control Number: 0648-0151.
    Form Number: None.
    Type of Review: Regular submission (extension of a currently 
approved information collection).
    Affected Public: Not-for-profit institutions; state, local, or 
tribal governments; businesses or other for-profit organizations.
    Estimated Number of Respondents: 95.
    Estimated Time per Response: 255 hours for an Incidental Harassment 
Authorization (IHA) application; 11 hours for an IHA interim report (if 
applicable); 115 hours for an IHA draft annual report; 14 hours for an 
IHA final annual report (if applicable); 1,100 hours for the initial 
preparation of an application for new regulations; 70 hours for an 
annual Letter of Authorization (LOA) application; 220 hours for an LOA 
draft annual report; 65 hours for a LOA final annual report (if 
applicable); 625 hours for a LOA draft comprehensive report; and 300 
hours for an LOA final comprehensive report. Response times will vary 
for the public based upon the complexity of the requested action.
    Estimated Total Annual Burden Hours: 14,109.
    Estimated Total Annual Cost to Public: $360 in recordkeeping/
reporting costs and $0 in capital 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.

    Dated: September 27, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016-23743 Filed 9-30-16; 8:45 am]
 BILLING CODE 3510-22-P