83_FR_32214 83 FR 32081 - Proposed Information Collection; Comment Request; Application for Commercial Fisheries Authorization Under Section 118 of the Marine Mammal Protection Act

83 FR 32081 - Proposed Information Collection; Comment Request; Application for Commercial Fisheries Authorization Under Section 118 of the Marine Mammal Protection Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 133 (July 11, 2018)

Page Range32081-32082
FR Document2018-14851

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.

Federal Register, Volume 83 Issue 133 (Wednesday, July 11, 2018)
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32081-32082]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14851]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Application for 
Commercial Fisheries Authorization Under Section 118 of 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 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 September 10, 
2018.

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 Amy Sloan, 301-427.8401 ext 8432 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Marine Mammal Protection Act requires any commercial fisherman 
operating in Category I and II fisheries to register for a certificate 
of authorization that will allow the fisherman to take marine mammals 
incidental to commercial fishing operations. Category I and II 
fisheries are those identified by NOAA as having either frequent or 
occasional takings of marine mammals. All states have integrated the 
National Marine Fisheries Service (NMFS) registration process into the 
existing state fishery registration process and vessel owners do not 
need to file a separate federal registration. If applicable, vessel 
owners will be notified of this simplified registration process when 
they apply for their state or Federal permit or license.

II. Method of Collection

    Fishermen have their information imported directly into the Marine 
Mammal Authorization Program (MMAP) from their state. If they do not 
have a state or Federal fishery permit or license, they can request an 
MMAP registration form from their regional NMFS office and mail in the 
registration form.

III. Data

    OMB Control Number: 0648-0293.
    Form Number(s): None.
    Type of Review: Regular submission.
    Affected Public: Business or other for-profit organizations; 
Individuals or households.

[[Page 32082]]

    Estimated Number of Respondents: 600.
    Estimated Time per Response: Initial registration 15 minutes.
    Estimated Total Annual Burden Hours: 150.
    Estimated Total Annual Cost to Public: $15,300 in recordkeeping/
reporting costs and application fees.

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: July 6, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018-14851 Filed 7-10-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices                                                  32081

                                               publication of the notice of preliminary                 preliminary results in the Federal                         ACTION:   Notice.
                                               results in the Federal Register, in                      Register, unless otherwise extended.14
                                               accordance with 19 CFR 351.224(b).                                                                                  SUMMARY:    The Department of
                                                                                                        Assessment                                                 Commerce, as part of its continuing
                                               However, because Commerce
                                               preliminarily applied AFA to the sole                       Commerce will instruct U.S. Customs                     effort to reduce paperwork and
                                               company that is still under review                       and Border Protection (CBP) to assess                      respondent burden, invites the general
                                                                                                        CVDs on all appropriate entries.                           public and other Federal agencies to
                                               (Tianjin Leviathan), in accordance with
                                                                                                        Shandong Huitong and Techking shall                        take this opportunity to comment on
                                               section 776 of the Act, and because our
                                                                                                        be assessed CVDs at rates equal to the                     proposed and/or continuing information
                                               calculation of the AFA subsidy rate is
                                                                                                        cash deposit of estimated countervailing                   collections, as required by the
                                               outlined in the Tianjin Leviathan AFA
                                                                                                        duties in effect at the time of entry, or                  Paperwork Reduction Act of 1995.
                                               Memorandum,7 there are no further
                                                                                                        withdrawal from warehouse, for                             DATES: Written comments must be
                                               calculations to disclose.
                                                                                                        consumption, during the period January                     submitted on or before September 10,
                                               Public Comment                                           1, 2016, through December 31, 2016, in                     2018.
                                                                                                        accordance with 19 CFR                                     ADDRESSES: Direct all written comments
                                                  Interested parties may submit case
                                                                                                        351.212(c)(1)(i). Commerce intends to                      to Jennifer Jessup, Departmental
                                               briefs not later than 30 days after the
                                                                                                        issue appropriate assessment                               Paperwork Clearance Officer,
                                               date of publication of this notice.8
                                                                                                        instructions to CBP 15 days after                          Department of Commerce, Room 6616,
                                               Rebuttal briefs, limited to issues raised
                                                                                                        publication of this notice.                                14th and Constitution Avenue NW,
                                               in the case briefs, may be filed no later
                                                                                                                                                                   Washington, DC 20230 (or via the
                                               than five days after the time limit for                  Notification Regarding Administrative
                                                                                                                                                                   internet at pracomments@doc.gov).
                                               filing case briefs.9 Parties who submit                  Protective Orders
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                               case briefs or rebuttal briefs in this                     This notice also serves as a reminder                    Requests for additional information or
                                               proceeding are encouraged to submit                      to parties subject to the administrative                   copies of the information collection
                                               with each argument: (1) A statement of                   protective order (APO) of their                            instrument and instructions should be
                                               the issue; (2) a brief summary of the                    responsibility concerning the                              directed to Amy Sloan, 301–427.8401
                                               argument; and (3) a table of                             disposition of proprietary information                     ext 8432 or amy.sloan@noaa.gov.
                                               authorities.10 Case and rebuttal briefs                  disclosed under an APO in accordance                       SUPPLEMENTARY INFORMATION:
                                               should be filed using ACCESS.11                          with 19 CFR 351.305(a)(3), which
                                                  Pursuant to 19 CFR 351.310(c),                        continues to govern business                               I. Abstract
                                               interested parties who wish to request a                 proprietary information in this segment                       The Marine Mammal Protection Act
                                               hearing must submit a written request to                 of the proceeding. Timely written                          requires any commercial fisherman
                                               the Assistant Secretary for Enforcement                  notification of the return or destruction                  operating in Category I and II fisheries
                                               and Compliance, filed electronically via                 of APO materials, or conversion to                         to register for a certificate of
                                               ACCESS. An electronically-filed                          judicial protective order, is hereby                       authorization that will allow the
                                               document must be received successfully                   requested. Failure to comply with the                      fisherman to take marine mammals
                                               in its entirety by ACCESS by 5 p.m.                      regulations and terms of an APO is a                       incidental to commercial fishing
                                               Eastern Time within 30 days after the                    violation which is subject to sanction.                    operations. Category I and II fisheries
                                               date of publication of this notice.12                      This notice is issued and published in                   are those identified by NOAA as having
                                               Hearing requests should contain: (1) The                 accordance with sections 751(a)(1) and                     either frequent or occasional takings of
                                               party’s name, address, and telephone                     777(i)(1) of the Act, and 19 CFR                           marine mammals. All states have
                                               number; (2) the number of participants;                  351.213(d)(4) and 351.221(b)(4).                           integrated the National Marine Fisheries
                                               and (3) a list of issues to be discussed.                  Dated: July 5, 2018.                                     Service (NMFS) registration process into
                                               Issues raised in the hearing will be                     Gary Taverman,                                             the existing state fishery registration
                                               limited to issues raised in the briefs. If                                                                          process and vessel owners do not need
                                                                                                        Deputy Assistant Secretary for Antidumping
                                               a request for a hearing is made, parties                 and Countervailing Duty Operations,                        to file a separate federal registration. If
                                               will be notified of the time and date for                performing the non-exclusive functions and                 applicable, vessel owners will be
                                               the hearing to be held at the U.S.                       duties of the Assistant Secretary for                      notified of this simplified registration
                                               Department of Commerce, 1401                             Enforcement and Compliance.                                process when they apply for their state
                                               Constitution Avenue NW, Washington,                      [FR Doc. 2018–14829 Filed 7–10–18; 8:45 am]                or Federal permit or license.
                                               DC 20230.13 Commerce intends to issue                    BILLING CODE 3510–DS–P                                     II. Method of Collection
                                               the final results of this administrative
                                               review, including the results of its                                                                                   Fishermen have their information
                                               analysis of arguments raised in any                      DEPARTMENT OF COMMERCE                                     imported directly into the Marine
                                               written briefs, not later than 120 days                                                                             Mammal Authorization Program
                                               after the publication of these                           National Oceanic and Atmospheric                           (MMAP) from their state. If they do not
                                                                                                        Administration                                             have a state or Federal fishery permit or
                                                 7 See Memorandum, ‘‘Preliminary Results of the                                                                    license, they can request an MMAP
                                               Countervailing Duty Administrative Review of             Proposed Information Collection;                           registration form from their regional
                                               Certain New Pneumatic Off-the-Road Tires from the        Comment Request; Application for                           NMFS office and mail in the registration
                                               People’s Republic of China: Application of Adverse       Commercial Fisheries Authorization                         form.
                                               Facts Available for Tianjin Leviathan International      Under Section 118 of the Marine
daltland on DSKBBV9HB2PROD with NOTICES




                                               Trade Co., Ltd.,’’ (Tianjin Leviathan AFA
                                                                                                        Mammal Protection Act                                      III. Data
                                               Memorandum), dated concurrently with this notice.
                                                 8 See 19 CFR 351.309(c)(ii).                                                                                         OMB Control Number: 0648–0293.
                                                 9 See 19 CFR 351.309(d)(1).
                                                                                                        AGENCY:National Oceanic and                                   Form Number(s): None.
                                                 10 See 19 CFR 351.309(c)(2) and (d)(2).                Atmospheric Administration (NOAA),                            Type of Review: Regular submission.
                                                 11 See 19 CFR 351.303.                                 Commerce.                                                     Affected Public: Business or other for-
                                                 12 See 19 CFR 351.310(c).                                                                                         profit organizations; Individuals or
                                                 13 Id.                                                      14 See   section 751(a)(3)(A) of the Act.             households.


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                                               32082                        Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                                 Estimated Number of Respondents:                       associated with the Annapolis Passenger               migration, breathing, nursing, breeding,
                                               600.                                                     Ferry Dock Project in Puget Sound,                    feeding, or sheltering (Level B
                                                 Estimated Time per Response: Initial                   Washington.                                           harassment).
                                               registration 15 minutes.                                 DATES: This Authorization is applicable
                                                 Estimated Total Annual Burden                                                                                Summary of Request
                                                                                                        from October 1, 2018 through
                                               Hours: 150.                                                                                                      On March 5, 2018, NMFS received a
                                                 Estimated Total Annual Cost to                         September 31, 2019.
                                                                                                                                                              request from Kitsap Transit for an IHA
                                               Public: $15,300 in recordkeeping/                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              to take marine mammals incidental to
                                               reporting costs and application fees.                    Jaclyn Daly, Office of Protected                      pile driving and removal associated
                                                                                                        Resources, NMFS, (301) 427–8401.                      with upgrades to the Annapolis Ferry
                                               IV. Request for Comments                                 Electronic copies of the application,                 Terminal, Puget Sound, Washington.
                                                  Comments are invited on: (a) Whether                  IHA, and supporting documents, as well                Kitsap Transit submitted a revised
                                               the proposed collection of information                   as a list of the references cited in this             application on May 3, 2018 which
                                               is necessary for the proper performance                  document, may be obtained online at:                  NMFS deemed adequate and complete.
                                               of the functions of the agency, including                https://www.fisheries.noaa.gov/node/                  Pile driving and removal will take a
                                               whether the information shall have                       23111. In case of problems accessing                  maximum of 17 days. No serious injury
                                               practical utility; (b) the accuracy of the               these documents, please call the contact              or mortality is expected to occur or is
                                               agency’s estimate of the burden                          listed above.                                         authorized from this activity and,
                                               (including hours and cost) of the                        SUPPLEMENTARY INFORMATION:                            therefore, an IHA is appropriate.
                                               proposed collection of information; (c)                                                                          On May 16, 2018, NMFS published its
                                                                                                        Background
                                               ways to enhance the quality, utility, and                                                                      proposed IHA in the Federal Register
                                               clarity of the information to be                            Sections 101(a)(5)(A) and (D) of the
                                                                                                                                                              for public comment (83 FR 22624).
                                               collected; and (d) ways to minimize the                  MMPA (16 U.S.C. 1361 et seq.) direct
                                                                                                                                                              NMFS has issued an IHA to Kitsap
                                               burden of the collection of information                  the Secretary of Commerce (as delegated
                                                                                                                                                              Transit for the take, by Level A and B
                                               on respondents, including through the                    to NMFS) to allow, upon request, the
                                                                                                                                                              harassment, of harbor seal (Phoca
                                               use of automated collection techniques                   incidental, but not intentional, taking of
                                                                                                                                                              vitulina richardii), Steller sea lion
                                               or other forms of information                            small numbers of marine mammals by
                                                                                                                                                              (Eumetopias jubatus monteriensis),
                                               technology.                                              U.S. citizens who engage in a specified
                                                                                                                                                              California sea lion (Zalophus
                                                  Comments submitted in response to                     activity (other than commercial fishing)
                                                                                                                                                              californianus), and harbor porpoise
                                               this notice will be summarized and/or                    within a specified geographical region if
                                                                                                                                                              (Phocoena phocoena vomerina).
                                               included in the request for OMB                          certain findings are made and either
                                               approval of this information collection;                 regulations are issued or, if the taking is           Description of Proposed Activity
                                               they also will become a matter of public                 limited to harassment, a notice of a
                                                                                                                                                              Overview
                                               record.                                                  proposed authorization is provided to
                                                                                                        the public for review.                                   Kitsap Transit is proposing to upgrade
                                                 Dated: July 6, 2018.
                                                                                                           An authorization for incidental                    the existing dock at its Annapolis Ferry
                                               Sarah Brabson,
                                                                                                        takings shall be granted if NMFS finds                Terminal to accommodate larger vessels
                                               NOAA PRA Clearance Officer.                                                                                    by extending the dock into deeper water
                                                                                                        that the taking will have a negligible
                                               [FR Doc. 2018–14851 Filed 7–10–18; 8:45 am]                                                                    and bring the terminal into compliance
                                                                                                        impact on the species or stock(s), will
                                               BILLING CODE 3510–22–P                                   not have an unmitigable adverse impact                with American Disability Act (ADA)
                                                                                                        on the availability of the species or                 accessibility standards. The project
                                                                                                        stock(s) for subsistence uses (where                  includes removing 10 existing concrete
                                               DEPARTMENT OF COMMERCE                                                                                         and steel piles that support the existing
                                                                                                        relevant), and if the permissible
                                               National Oceanic and Atmospheric                         methods of taking and requirements                    pier and float and installing 12 new
                                               Administration                                           pertaining to the mitigation, monitoring              steel piles to support updated
                                                                                                        and reporting of such takings are set                 structures. Piles will be removed using
                                               RIN 0648–XG204                                           forth.                                                a vibratory hammer and new piles will
                                                                                                           NMFS has defined ‘‘negligible                      be installed using a vibratory and, if
                                               Takes of Marine Mammals Incidental to                    impact’’ in 50 CFR 216.103 as an impact               necessary, an impact hammer. The
                                               Specified Activities; Taking Marine                      resulting from the specified activity that            project is anticipated to take 8 weeks to
                                               Mammals Incidental to the Annapolis                      cannot be reasonably expected to, and is              complete; however, Kitsap Transit
                                               Passenger Ferry Dock Project,                            not reasonably likely to, adversely affect            anticipates it will take a maximum of 17
                                               Washington                                               the species or stock through effects on               days to complete in-water pile driving
                                               AGENCY:  National Marine Fisheries                       annual rates of recruitment or survival.              activities.
                                               Service (NMFS), National Oceanic and                        The MMPA states that the term ‘‘take’’
                                                                                                                                                              Dates and Duration
                                               Atmospheric Administration (NOAA),                       means to harass, hunt, capture, kill or
                                               Commerce.                                                attempt to harass, hunt, capture, or kill               The project would occur for eight
                                               ACTION: Notice; issuance of incidental                   any marine mammal.                                    weeks between October 1, 2018 and
                                               harassment authorization.                                   Except with respect to certain                     September 30, 2019 with the exception
                                                                                                        activities not pertinent here, the MMPA               of March 3, 2019 through July 1, 2019
                                               SUMMARY:  In accordance with the                         defines ‘‘harassment’’ as: Any act of                 to protect salmonids and surf smelt. Pile
                                               regulations implementing the Marine                      pursuit, torment, or annoyance which (i)              removal has been conservatively
daltland on DSKBBV9HB2PROD with NOTICES




                                               Mammal Protection Act (MMPA) as                          has the potential to injure a marine                  estimated to occur at a rate of 2 piles
                                               amended, notification is hereby given                    mammal or marine mammal stock in the                  removed per day, which would require
                                               that NMFS has issued an incidental                       wild (Level A harassment); or (ii) has                5 days to remove 10 piles. Pile
                                               harassment authorization (IHA) to                        the potential to disturb a marine                     installation was conservatively
                                               Kitsap Transit, to incidentally take, by                 mammal or marine mammal stock in the                  estimated to occur at a rate of 1 pile per
                                               Level A and B harassment, marine                         wild by causing disruption of behavioral              day, which would require 12 days to
                                               mammals during construction activities                   patterns, including, but not limited to,              install 12 piles. In total, there would be


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Document Created: 2018-07-10 23:53:50
Document Modified: 2018-07-10 23:53:50
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 September 10, 2018.
ContactRequests for additional information or copies of the information collection instrument and instructions should be directed to Amy Sloan, 301-427.8401 ext 8432 or [email protected]
FR Citation83 FR 32081 

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