81 FR 8686 - Submission for OMB Review; Comment Request

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 34 (February 22, 2016)

Page Range		8686-8686
FR Document		2016-03574

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)

[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Page 8686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03574]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).
    Agency: National Oceanic and Atmospheric Administration (NOAA).
    Title: Limits on Application of ESA Take Prohibitions.
    OMB Control Number: 0648-0399.
    Form Number(s): None.
    Type of Request: Regular (extension of a currently approved 
information collection).
    Number of Respondents: 301.
    Average Hours per Response: 20 hours for a road maintenance 
agreement or for a tribal plan; 5 hours for a diversion screening limit 
project or for a report of aided, salvaged, or disposed-of salmonids. 
30 hours for an urban development package; 10 hours for an urban 
development report.
    Burden Hours: 935.
    Needs and Uses: This request is for extension of a currently 
approved information collection.
    Section 4(d) of the Endangered Species Act of 1973 (ESA; 16 U.S.C. 
1531 et. seq.) requires the National Marine Fisheries Service (NMFS) to 
adopt such regulations as it ``deems necessary and advisable to provide 
for the conservation of'' threatened species. Those regulations may 
include any or all of the prohibitions provided in section 9(a)(1) of 
the ESA, which specifically prohibits ``take'' of any endangered 
species (``take'' includes actions that harass, harm, pursue, kill, or 
capture). The first salmonid species listed by NMFS as threatened were 
protected by virtually blanket application of the section 9 take 
prohibitions. There are now 22 separate Distinct Population Segments 
(DPS) of west coast salmonids listed as threatened, covering a large 
percentage of the land base in California, Oregon, Washington and 
Idaho. NMFS is obligated to enact necessary and advisable protective 
regulations. NMFS makes section 9 prohibitions generally applicable to 
many of those threatened DPS, but also seeks to respond to requests 
from states and others to both provide more guidance on how to protect 
threatened salmonids and avoid take, and to limit the application of 
take prohibitions wherever warranted (see 70 FR 37160, June 28, 2005, 
71 FR 834, January 5, 2006, and 73 FR 55451, September 25, 2008). The 
regulations describe programs or circumstances that contribute to the 
conservation of, or are being conducted in a way that limits impacts 
on, listed salmonids. Because we have determined that such programs/
circumstances adequately protect listed salmonids, the regulations do 
not apply the ``take'' prohibitions to them. Some of these limits on 
the take prohibitions entail voluntary submission of a plan to NMFS 
and/or annual or occasional reports by entities wishing to take 
advantage of these limits, or continue within them.
    The currently approved application and reporting requirements apply 
to Pacific marine and anadromous fish species, as requirements 
regarding other species are being addressed in a separate information 
collection.
    Affected Public: State, local and tribal governments; business or 
other for-profit organizations.
    Frequency: Annually or on occasion.
    Respondent's Obligation: Mandatory.
    This information collection request may be viewed at reginfo.gov. 
Follow the instructions to view Department of Commerce collections 
currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to [email protected] or fax to (202) 395-5806.

    Dated: February 17, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016-03574 Filed 2-19-16; 8:45 am]
 BILLING CODE 3510-22-P

8686 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices

Dated: February 16, 2016. advisable protective regulations. NMFS a final policy statement on No-Action
Wanda Cain, makes section 9 prohibitions generally Letters (Policy), which is intended to
Chief of Staff, Office of Protected Resources, applicable to many of those threatened further objectives under section 1021 of
National Marine Fisheries Service. DPS, but also seeks to respond to the Dodd-Frank Wall Street Reform and
[FR Doc. 2016–03496 Filed 2–19–16; 8:45 am] requests from states and others to both Consumer Protection Act of 2010 (Dodd-
BILLING CODE 3510–22–P provide more guidance on how to Frank Act).
protect threatened salmonids and avoid DATES: The Bureau released this Policy
take, and to limit the application of take Statement on its Web site on February
DEPARTMENT OF COMMERCE prohibitions wherever warranted (see 70 18, 2016.
FR 37160, June 28, 2005, 71 FR 834, FOR FURTHER INFORMATION CONTACT: Dan
National Oceanic and Atmospheric January 5, 2006, and 73 FR 55451,
Administration Quan, Senior Advisor to the Director,
September 25, 2008). The regulations Consumer Financial Protection Bureau,
describe programs or circumstances that at (202) 435–7678.
Submission for OMB Review; contribute to the conservation of, or are
Comment Request SUPPLEMENTARY INFORMATION:
being conducted in a way that limits
The Department of Commerce will impacts on, listed salmonids. Because I. Overview
submit to the Office of Management and we have determined that such
In specifying the purposes, objectives,
Budget (OMB) for clearance the programs/circumstances adequately
and functions of the Bureau in section
following proposal for collection of protect listed salmonids, the regulations
1021 of the Dodd-Frank Act, Congress
information under the provisions of the do not apply the ‘‘take’’ prohibitions to
authorized the Bureau to exercise its
Paperwork Reduction Act (44 U.S.C. them. Some of these limits on the take
authorities for the purpose of ensuring
Chapter 35). prohibitions entail voluntary
that markets for consumer financial
Agency: National Oceanic and submission of a plan to NMFS and/or
products and services operate
Atmospheric Administration (NOAA). annual or occasional reports by entities
transparently and efficiently to facilitate
Title: Limits on Application of ESA wishing to take advantage of these
access and innovation.1 Pursuant to its
Take Prohibitions. limits, or continue within them.
authority, the Bureau is finalizing the
OMB Control Number: 0648–0399. The currently approved application
Policy that is set forth in section VI
Form Number(s): None. and reporting requirements apply to
below. Under the Policy, Bureau staff
Type of Request: Regular (extension of Pacific marine and anadromous fish
would, in its discretion, issue no-action
a currently approved information species, as requirements regarding other
letters (NALs) to specific applicants in
collection). species are being addressed in a
instances involving innovative financial
Number of Respondents: 301. separate information collection.
Affected Public: State, local and tribal products or services that promise
Average Hours per Response: 20 substantial consumer benefit where
hours for a road maintenance agreement governments; business or other for-
profit organizations. there is substantial uncertainty whether
or for a tribal plan; 5 hours for a or how specific provisions of statutes
diversion screening limit project or for Frequency: Annually or on occasion.
Respondent’s Obligation: Mandatory. implemented or regulations issued by
a report of aided, salvaged, or disposed- the Bureau would be applied (for
of salmonids. 30 hours for an urban This information collection request
may be viewed at reginfo.gov. Follow example if, because of intervening
development package; 10 hours for an technological developments, the
urban development report. the instructions to view Department of
Commerce collections currently under application of statutes and regulations
Burden Hours: 935. to a new product is novel and
Needs and Uses: This request is for review by OMB.
Written comments and complicated). The Policy is also
extension of a currently approved designed to enhance compliance with
information collection. recommendations for the proposed
information collection should be sent applicable federal consumer financial
Section 4(d) of the Endangered laws. A NAL would advise the recipient
Species Act of 1973 (ESA; 16 U.S.C. within 30 days of publication of this
notice to OIRA_Submission@ that, subject to its stated limitations, the
1531 et. seq.) requires the National staff has no present intention to
Marine Fisheries Service (NMFS) to omb.eop.gov or fax to (202) 395–5806.
recommend initiation of an enforcement
adopt such regulations as it ‘‘deems Dated: February 17, 2016.
or supervisory action against the
necessary and advisable to provide for Sarah Brabson, requester with respect to a specified
the conservation of’’ threatened species. NOAA PRA Clearance Officer. matter. NALs would be subject to
Those regulations may include any or [FR Doc. 2016–03574 Filed 2–19–16; 8:45 am] modification or revocation at any time
all of the prohibitions provided in BILLING CODE 3510–22–P at the discretion of the staff, and may be
section 9(a)(1) of the ESA, which conditioned on particular undertakings
specifically prohibits ‘‘take’’ of any by the applicant with respect to product
endangered species (‘‘take’’ includes BUREAU OF CONSUMER FINANCIAL or service usage and data-sharing with
actions that harass, harm, pursue, kill, PROTECTION the Bureau. Issued NALs generally
or capture). The first salmonid species would be publicly disclosed. NALs
listed by NMFS as threatened were [Docket No. CFPB–2014–0025]
would be non-binding on the Bureau,
protected by virtually blanket and would not bind courts or other
Policy on No-Action Letters;
mstockstill on DSK4VPTVN1PROD with NOTICES

application of the section 9 take actors who might challenge a NAL-
prohibitions. There are now 22 separate Information Collection
Distinct Population Segments (DPS) of AGENCY: Bureau of Consumer Financial 1 Section 1022(b)(1) of the Dodd-Frank Act

west coast salmonids listed as Protection. authorizes the Director to prescribe rules and issue
threatened, covering a large percentage orders and guidance, as may be necessary or
ACTION: Final Policy Statement. appropriate to enable the Bureau to administer and
of the land base in California, Oregon, carry out the purposes and objectives of the Federal
Washington and Idaho. NMFS is SUMMARY: The Bureau of Consumer consumer financial laws, and to prevent evasions
obligated to enact necessary and Financial Protection (Bureau) is issuing thereof. 12 U.S.C. 5512(b)(1).

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Document Created: 2016-02-19 23:56:59
Document Modified: 2016-02-19 23:56:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 8686

81 FR 8686 - Submission for OMB Review; Comment Request

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 34 (February 22, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration