SUPPLEMENTARY INFORMATION:

I. Abstract

This request is for the revision and extension of an approved information collection. The collection is being revised to restructure current fields, eliminate redundant questions, and establish a more logical layout. These updates aim to minimize administrative burden and deliver a more intuitive, streamlined application experience for users. This request also extends the permit application to include authorities under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).

On June 15, 2006, President Bush established the Papahānaumokuākea Marine National Monument by issuing Presidential Proclamation 8031 (71 FR 36443, June 26, 2006), as amended on February 28, 2007 by Presidential Proclamation 8112 (72 FR 10031, March 6, 2007), under the authority of the Antiquities Act (54 U.S.C. 320301 et seq.). The Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), has primary responsibility regarding the management of the marine areas of the Monument, in consultation with the Secretary of the Interior. Similarly, the Secretary of the Interior, through the Fish and Wildlife Service (FWS), has sole responsibility for management of the areas of the Monument that overlay the Midway Atoll National Wildlife Refuge, the Battle of Midway National Memorial, and the Hawaiian Islands National Wildlife Refuge, in consultation with the Secretary of Commerce.

On August 29, 2006, NOAA and FWS published a final rule codifying the provisions of Presidential Proclamation 8031, which include restrictions and prohibitions regarding activities in the Monument (71 FR 51134). Specifically, the regulations prohibit access to the Monument except when passing through without interruption, as allowed under a permit issued by NOAA and the FWS, for emergency response and law enforcement purposes, and for activities and exercises of the Armed Forces. Vessels passing through the Monument without interruption are required to notify NOAA and FWS upon entering into and leaving the monument.

Individuals wishing to access the Monument to conduct certain regulated activities must first apply for and be granted a permit issued by NOAA and FWS. These agencies have since worked extensively with the State of Hawaii to ensure the permitting requirements and processes of all three entities are sufficiently coordinated and to ensure applicants for permits for Monument activities require only a single application and receive one, combined agency permit.

On January 16, 2025, NOAA designated the marine areas of the Monument as a national marine sanctuary pursuant to the National Marine Sanctuaries Act (90 FR 4856; 16 U.S.C. 1431 et seq.). The designation and regulations for Papahānaumokuākea National Marine Sanctuary (PNMS) became effective on March 3, 2025, with a notification published on March 24, 2025 (90 FR 13410). The purpose of this designation was to provide comprehensive and coordinated conservation and management of the marine areas of Papahānaumokuākea to protect nationally significant biological, cultural, and historical resources. Additionally, the purpose of the designation was to implement the provisions of Executive Order 13178, Presidential Proclamation 9478, and the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2021. NOAA is applying the authorities under the National Marine Sanctuaries Act to this permit application and this associated information collection.

The information submitted by permit applicants will be used to decide whether to approve or deny a permit application. In making this decision, the agencies will consider such factors as:

• the professional qualifications and financial ability of the applicant as related to the proposed activity;
• the duration of the activity and its effects;
• the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity;
• the extent to which the conduct of the activity may diminish or enhance the qualities for which the Monument and National Marine Sanctuary was designated;
• the end value of the activity; and
• other such matters as agency staff deem appropriate.

In addition to informing the agencies' decisions on permit applications, information submitted in permit applications and reports submitted pursuant to permit conditions may also be used by the agencies to inform—

• decision making on a permit amendment request or another permit application; or
• other management actions (e.g., emergency response and enforcement).

In terms of frequency of use, the information submitted in permit applications will, in general, only be used at the time the application is submitted to make a final decision on the application. Some of the information may also be used subsequent to the initial decision making to inform management actions or decision making. For example, a survey of a project location by one permit applicant may be used by the agencies in the future to respond to a vessel grounding in the same area to facilitate the agencies' decision in response to that matter. Information submitted in a report will be used to periodically assess the permittee's compliance with permit terms and conditions and to assist in evaluating the appropriateness of the permitted activity.

II. Method of Collection

Respondents have a choice of either electronic or paper forms. Methods of submission include email of electronic forms and mail of paper forms.

III. Data

OMB Control Number: 0648-0548.

Form Number(s): None.

Type of Review: Regular submission, revision and extension of a current information collection.

Affected Public: Individuals, non-profit institutions; Federal, State, local, ( printed page 50808) government, Native Hawaiian organizations; business or other for-profit organizations.

Estimated Number of Respondents: 192.

Estimated Time per Response: Average time across all permit types: 7 hours. Permit modification requests and final reports: 10 hours; and annual reports: 5 hours. Time per response for entry and exit notifications: 5 minutes. Time per response for VMS certification: 5 minutes per response.

Estimated Total Annual Burden Hours: 170

Estimated Total Annual Cost to Public: $5,905 in recordkeeping/reporting costs and vessel monitoring system installation and maintenance.

Respondent's Obligation: Required to Obtain or Retain Benefits, or Mandatory.

Legal Authority:54 U.S.C. 320301 et seq.;16 U.S.C. 1801 et seq.;16 U.S.C. 742f, 16 U.S.C. 742l; 16 U.S.C. 1431 et seq.

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 Information Collection Review. Before including your address, phone number, 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.

91 FR 50806