81_FR_68175 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

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)

Page Range67984-67985
FR Document2016-23743

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 Issue 191 (Monday, October 3, 2016) 
[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

67984 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices 100 Boardman Street, Boston, MA DEPARTMENT OF COMMERCE for subsistence uses (where relevant). 02128; phone: (617) 567–6789. The National Marine Fisheries Service National Oceanic and Atmospheric (NMFS) also must set forth the Council address: New England Administration permissible methods of taking; other Fishery Management Council, 50 Water means of effecting the least practicable Street, Mill 2, Newburyport, MA 01950. Proposed Information Collection; adverse impact on the species or stock FOR FURTHER INFORMATION CONTACT: Comment Request; Applications and and its habitat (mitigation); and Thomas A. Nies, Executive Director, Reporting Requirements for the requirements pertaining to the New England Fishery Management Incidental Take of Marine Mammals by monitoring and reporting of such taking. Specified Activities (Other Than Issuance of an incidental take Council; telephone: (978) 465–0492. Commercial Fishing Operations) Under authorization (Authorization) under SUPPLEMENTARY INFORMATION: the Marine Mammal Protection Act section 101(a)(5)(A) or 101(a)(5)(D) of Agenda AGENCY: National Oceanic and the MMPA requires three sets of Atmospheric Administration (NOAA), information collection: (1) A complete The committee will review Commerce. application for an Authorization, as set information provided by the Council’s ACTION: Notice. forth in our implementing regulations at Scallop Plan Development Team (PDT) 50 CFR 216.104, which provides the and recommend the overfishing levels SUMMARY: The Department of information necessary for us to make the (OFLs) and acceptable biological catches Commerce, as part of its continuing necessary statutory determinations, (ABCs) for Atlantic sea scallops for effort to reduce paperwork and including estimates of take and an fishing years 2016 and 2017. They will respondent burden, invites the general assessment of impacts on the affected public and other Federal agencies to species and stocks; (2) information discuss other issues related to comment on proposed and/or relating to required monitoring; and (3) improving control rules and ABC continuing information collections, as information related to required recommendations for groundfish and reporting. These collections of required by the Paperwork Reduction other stocks, including ecosystem information enable us to: (1) Evaluate Act of 1995. information, how to deal with the proposed activity’s impact on DATES: Written comments must be information from multiple stock marine mammals; (2) arrive at the submitted on or before December 2, assessment models and other appropriate determinations required by 2016. information. Other business will be the MMPA and other applicable laws discussed as needed. ADDRESSES: Direct all written comments prior to issuing the authorization; and to Jennifer Jessup, Departmental (3) monitor impacts of activities for Although non-emergency issues not Paperwork Clearance Officer, contained in this agenda may come which we have issued Authorizations to Department of Commerce, Room 6616, determine if our predictions regarding before this group for discussion, those 14th and Constitution Avenue NW., issues may not be the subject of formal impacts on marine mammals remain Washington, DC 20230 (or via the valid. action during this meeting. Action will Internet at JJessup@doc.gov). On August 4, 2016, NMFS published be restricted to those issues specifically FOR FURTHER INFORMATION CONTACT: a Federal Register Notice (81 FR 51694) listed in this notice and any issues Requests for additional information or notifying the public of its new arising after publication of this notice copies of the information collection Technical Guidance for Assessing the that require emergency action under instrument and instructions should be Effects of Anthropogenic Sound on section 305(c) of the Magnuson-Stevens directed to Dale Youngkin, (301) 427– Marine Mammal Hearing (Guidance). Act, provided the public has been 8401 or ITP.Youngkin@noaa.gov. This guidance established new notified of the Council’s intent to take SUPPLEMENTARY INFORMATION: thresholds for predicting auditory final action to address the emergency. injury, which equates to Level A I. Abstract harassment (a type of take) under the Special Accommodations This request is for an extension of a MMPA. In that Federal Register Notice This meeting is physically accessible currently approved information we stated that we would consider the to people with disabilities. Requests for collection. effect of the Guidance, specifically The Marine Mammal Protection Act whether a revision in the burden hour sign language interpretation or other of 1972 (MMPA; 16 U.S.C. 1361 et seq.) estimates is appropriate, and invite auxiliary aids should be directed to prohibits the ‘‘take’’ of marine mammals public comment on its assessment. Thomas A. Nies, Executive Director, at unless otherwise authorized or Although NMFS has updated the (978) 465–0492, at least 5 days prior to exempted by law. Among the provisions acoustic thresholds and these changes the meeting date. that allow for lawful take of marine may necessitate new methodologies for Authority: 16 U.S.C. 1801 et seq. mammals, sections 101(a)(5)(A) and (D) calculating impacts, NMFS does not Dated: September 28, 2016. of the MMPA direct the Secretary of anticipate that the new guidance will Commerce to allow, upon request, the substantially add to the overall burden Tracey L. Thompson, incidental, but not intentional, taking of to applicants for incidental take Acting Deputy Director, Office of Sustainable small numbers of marine mammals by authorizations. This is due to the fact Fisheries, National Marine Fisheries Service. U.S. citizens who engage in a specified that, recognizing that action proponents [FR Doc. 2016–23800 Filed 9–30–16; 8:45 am] activity (other than commercial fishing), have varying abilities to model and sradovich on DSK3GMQ082PROD with NOTICES BILLING CODE 3510–22–P within a specified geographical region estimate exposure, and that the new if, after notice and opportunity for guidance may be more complex than public comment, we find that the taking some action proponents are able to will have a negligible impact on the incorporate, NMFS provided an affected species or stock(s) and will not alternative methodology with an have an unmitigable adverse impact on associated spreadsheet for use as an aid. the availability of the species or stock(s) Action proponents already using more VerDate Sep<11>2014 17:56 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1

Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices 67985 complex modeling capabilities would use of automated collection techniques of problems accessing these documents, simply modify their modeling efforts or other forms of information please call the contact listed above (see using the new criteria, and action technology. FOR FURTHER INFORMATION CONTACT). proponents without the ability to do Comments submitted in response to Background more complex modeling may opt to use this notice will be summarized and/or the alternative methodology included in the request for OMB Sections 101(a)(5)(A) and (D) of the spreadsheet. Therefore, the estimated approval of this information collection; MMPA (16 U.S.C. 1361 et seq.) direct time per response is not affected by the they also will become a matter of public the Secretary of Commerce to allow, guidance. record. upon request by U.S. citizens who engage in a specified activity (other than II. Method of Collection Dated: September 27, 2016. commercial fishing) within a specified Sarah Brabson, area, the incidental, but not intentional, Respondents have a choice of submitting either electronic or paper NOAA PRA Clearance Officer. taking of small numbers of marine forms. Methods of submittal include [FR Doc. 2016–23743 Filed 9–30–16; 8:45 am] mammals, providing that certain email, mail, overnight delivery service, BILLING CODE 3510–22–P findings are made and the necessary and/or facsimile transmissions. prescriptions are established. The incidental taking of small III. Data DEPARTMENT OF COMMERCE numbers of marine mammals may be OMB Control Number: 0648–0151. allowed only if NMFS (through Form Number: None. National Oceanic and Atmospheric authority delegated by the Secretary) Type of Review: Regular submission Administration finds that the total taking by the (extension of a currently approved RIN 0648–XE297 specified activity during the specified information collection). time period will (i) have a negligible Affected Public: Not-for-profit Takes of Marine Mammals Incidental to impact on the species or stock(s) and (ii) institutions; state, local, or tribal Specified Activities; Taking Marine not have an unmitigable adverse impact governments; businesses or other for- Mammals Incidental to a Pier on the availability of the species or profit organizations. Construction and Support Facilities stock(s) for subsistence uses (where Estimated Number of Respondents: Project, Port Angeles, WA relevant). Further, the permissible 95. methods of taking and requirements Estimated Time per Response: 255 AGENCY: National Marine Fisheries pertaining to the mitigation, monitoring hours for an Incidental Harassment Service (NMFS), National Oceanic and and reporting of such taking must be set Authorization (IHA) application; 11 Atmospheric Administration (NOAA), forth, either in specific regulations or in hours for an IHA interim report (if Commerce. an authorization. applicable); 115 hours for an IHA draft ACTION: Notice; issuance of an incidental The allowance of such incidental annual report; 14 hours for an IHA final harassment authorization. taking under section 101(a)(5)(A), by annual report (if applicable); 1,100 harassment, serious injury, death, or a SUMMARY: In accordance with the combination thereof, requires that hours for the initial preparation of an regulations implementing the Marine application for new regulations; 70 regulations be established. Mammal Protection Act (MMPA) as Subsequently, a Letter of Authorization hours for an annual Letter of amended, notification is hereby given Authorization (LOA) application; 220 may be issued pursuant to the that we have issued an incidental prescriptions established in such hours for an LOA draft annual report; 65 harassment authorization (IHA) to the hours for a LOA final annual report (if regulations, providing that the level of U.S. Navy (Navy) to incidentally harass taking will be consistent with the applicable); 625 hours for a LOA draft marine mammals during construction comprehensive report; and 300 hours findings made for the total taking activities associated with the Pier allowable under the specific regulations. for an LOA final comprehensive report. Construction and Support Facilities Response times will vary for the public Under section 101(a)(5)(D), NMFS may Project at Port Angeles, WA. authorize such incidental taking by based upon the complexity of the DATES: This authorization is effective harassment only, for periods of not more requested action. Estimated Total Annual Burden from November 1, 2016 to October 31, than one year, pursuant to requirements Hours: 14,109. 2017. and conditions contained within an Estimated Total Annual Cost to FOR FURTHER INFORMATION CONTACT: IHA. The establishment of prescriptions Public: $360 in recordkeeping/reporting Laura McCue, Office of Protected through either specific regulations or an costs and $0 in capital costs. Resources, NMFS, (301) 427–8401. authorization requires notice and SUPPLEMENTARY INFORMATION: opportunity for public comment. IV. Request for Comments NMFS has defined ‘‘negligible Comments are invited on: (a) Whether Availability impact’’ in 50 CFR 216.103 as ‘‘. . . an the proposed collection of information An electronic copy of the Navy’s impact resulting from the specified is necessary for the proper performance application and supporting documents, activity that cannot be reasonably of the functions of the agency, including as well as a list of the references cited expected to, and is not reasonably likely whether the information shall have in this document, may be obtained by to, adversely affect the species or stock practical utility; (b) the accuracy of the visiting the Internet at: through effects on annual rates of agency’s estimate of the burden www.nmfs.noaa.gov/pr/permits/ recruitment or survival.’’ Except with sradovich on DSK3GMQ082PROD with NOTICES (including hours and cost) of the incidental.htm. A memorandum respect to certain activities not pertinent proposed collection of information; (c) describing our adoption of the Navy’s here, section 3(18) of the MMPA defines ways to enhance the quality, utility, and Environmental Assessment (2016) and ‘‘harassment’’ as: ‘‘. . . any act of clarity of the information to be our associated Finding of No Significant pursuit, torment, or annoyance which (i) collected; and (d) ways to minimize the Impact, prepared pursuant to the has the potential to injure a marine burden of the collection of information National Environmental Policy Act, are mammal or marine mammal stock in the on respondents, including through the also available at the same site. In case wild; or (ii) has the potential to disturb VerDate Sep<11>2014 17:56 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1


Document Created: 2018-02-13 14:11:44
Document Modified: 2018-02-13 14:11:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted on or before December 2, 2016.
ContactRequests for additional information or copies of the information collection instrument and instructions should be directed to Dale Youngkin, (301) 427-8401 or [email protected]
FR Citation81 FR 67984 
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