60-day FRN

0648-0411 60-day 84 FR 55939 2019-1018.pdf

Paperwork Submissions Under the Coastal Zone Management Act Federal Consistency Requirements

60-day FRN

OMB: 0648-0411

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Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices
The proposed project is not known to
occur in an important subsistence
hunting area. Auke Bay is a developed
area with regular marine vessel traffic.
Of the marine mammals considered in
this IHA application, only harbor seals
are known to be used for subsistence in
the project area. In a previous
consultation with ADF&G, the Douglas
Indian Association, Sealaska Heritage
Institute, and the Central Council of the
Tlingit and Haida Indian Tribes of
Alaska on other construction activities
in Statter Harbor, representatives
indicated that the primary concern with
construction activities in Statter Harbor
was impacts to herring fisheries, not
marine mammals. As stated above,
impacts to fish from the proposed
project are expected to be localized and
temporary, so are not likely to impact
herring fisheries. If any tribes express
concerns regarding project impacts to
subsistence hunting of marine
mammals, further communication
between will take place, including
provision of any project information,
and clarification of any mitigation and
minimization measures that may reduce
potential impacts to marine mammals.
Therefore, NMFS has preliminarily
determined that the total taking of
affected species or stocks would not
have an unmitigable adverse impact on
the availability of such species or stocks
for taking for subsistence purposes.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally, in this
case with the Alaska Region Office of
Protected Resources, whenever we
propose to authorize take for
endangered or threatened species.
The effects of this proposed Federal
action were adequately analyzed in
NMFS’ 2019 Biological Opinion on the
City and Borough of Juneau Docks and
Harbors Department Statter Harbor
Improvements Project, Juneau, Alaska,
which concluded that the take NMFS
proposes to authorize through this IHA
would not jeopardize the continued
existence of any endangered or
threatened species or destroy or
adversely modify any designated critical
habitat.

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Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to the City of Juneau for
conducting pile driving and removal
activities in Auke Bay between October
2020 and May 2021, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed IHA can be found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
We request comment on our analyses,
the proposed authorization, and any
other aspect of this Notice of Proposed
IHA for the proposed construction
activity. We also request at this time
comment on the potential renewal of
this proposed IHA as described in the
paragraph below. Please include with
your comments any supporting data or
literature citations to help inform
decisions on the request for this IHA or
a subsequent Renewal.
On a case-by-case basis, NMFS may
issue a one-year IHA renewal with an
additional 15 days for public comments
when (1) another year of identical or
nearly identical activities as described
in the Specified Activities section of
this notice is planned or (2) the
activities as described in the Specified
Activities section of this notice would
not be completed by the time the IHA
expires and a Renewal would allow for
completion of the activities beyond that
described in the Dates and Duration
section of this notice, provided all of the
following conditions are met:
• A request for renewal is received no
later than 60 days prior to expiration of
the current IHA.
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted under the requested
Renewal are identical to the activities
analyzed under the initial IHA, are a
subset of the activities, or include
changes so minor (e.g., reduction in pile
size) that the changes do not affect the
previous analyses, mitigation and
monitoring requirements, or take
estimates (with the exception of
reducing the type or amount of take
because only a subset of the initially
analyzed activities remain to be
completed under the Renewal).
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.

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• Upon review of the request for
Renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
Dated: October 11, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–22730 Filed 10–17–19; 8:45 am]

Request for Public Comments

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55939

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Paperwork
Submissions Under the Coastal Zone
Management Act Federal Consistency
Requirements
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:

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 December 17,
2019.
ADDRESSES: Direct all written comments
to Adrienne Thomas, Government
Information Specialist, NOAA, 151
Patton Avenue, Room 159, Asheville,
NC 28801 (or via the internet at
[email protected]). All comments
received are part of the public record.
Comments will generally be posted
without change. All Personally
Identifiable Information (for example,
name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to David Kaiser, 603–862–2719
or [email protected].
SUMMARY:

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55940

Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices

SUPPLEMENTARY INFORMATION:

I. Abstract
This notice and request for public
comment is for a request to extend a
currently approved information
collection.
The Coastal Zone Management Act
(CZMA) creates a State-federal
partnership to improve the management
of the nation’s coastal zone through the
development of federally approved State
coastal management plans (CMPs). The
CZMA provides two incentives for
States to develop federally approved
CMPs: (1) The National Oceanic and
Atmospheric Administration (NOAA)
has appropriated monies to grant to
States to develop and implement State
CMPs that meet statutory and regulatory
criteria; and (2) the CZMA requires
federal agencies, non-federal licensees,
and State and local government
recipients of federal assistance to
conduct their activities in a manner
‘‘consistent’’ with the enforceable
policies of NOAA-approved CMPs. The
latter incentive, referred to as the
‘‘federal consistency’’ provision, is
found at 16 U.S.C. 1456. NOAA’s
regulations at 15 CFR part 930
implement NOAA’s responsibilities to
provide procedures for the consistency
provision, the procedures available for
an appeal of a State’s objection to a
consistency certification as provided for
in 16 U.S.C. 1456(c)(3)(A) and (B) and
1456(d), and changes in the appeal
process created by Congressional
amendments in 1990, 1996 and 2005,
and found at 16 U.S.C. 1465.
Paperwork and information collection
occur largely outside of NOAA by: (1)
State and Federal agencies engaged in
licensing and permitting activities
affecting coastal resources, (2) Federal
agencies taking actions affecting State
coastal zones, and (3) Federal agencies
providing federal assistance to State and
local governments in the coastal zone.
In each of these cases, information is
collected by the entity making the
license, permit, assistance or action
decision and NOAA’s regulations
provide for the use of that information
already required by the State or Federal
entity in the consistency process.
Pursuant to 16 U.S.C. 1456, NOAA’s
regulations require the appropriate
entity, Federal agency or applicant for
license or permit, to prepare a
consistency determination or
certification. This information is
provided to the relevant State CMP, not
to NOAA. Information is provided to
NOAA only when there is a State
objection to a consistency certification,
when informal mediation is sought by a
Federal agency or State, or when an

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applicant for a federal license or permit
appeals to the Secretary of Commerce
for an override to a State CMPs
objection to a consistency certification.
Last, in 1990, Congress required State
CMPs to provide for public participation
in their permitting processes,
consistency determinations and similar
decisions, 16 U.S.C. 1455(d)(14), and
NOAA regulations at part 930
implement that requirement.
A number of paperwork submissions
are required by the Coastal Zone
Management Act (CZMA) federal
consistency provision, 16 U.S.C. 1456,
and implementing regulations. These
submissions are intended to provide a
reasonable, efficient, and predictable
means of complying with CZMA
requirements. The paperwork
submission requirements are detailed in
15 CFR part 930. The information will
be used by coastal states with federally
approved Coastal Zone Management
Programs to determine if Federal agency
activities, Federal license or permit
activities, and Federal assistance
activities that affect a state’s coastal
zone are consistent with the state’s
coastal management program.
Information will also be used by NOAA
and the Secretary of Commerce for
appeals to the Secretary by non-federal
applicants regarding state CZMA
objections to federal license or permit
activities or Federal assistance
activities.
II. Method of Collection

III. Data
OMB Control Number: 0648–0411.
Form Number(s): None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: State, Local, or tribal
government; Federal government;
business or other for-profit
organizations; individuals or
households.
Estimated Number of Respondents:
2,334.
Estimated Time per Response:
Applications, certifications, and state
objection or concurrence letters, 8 hours
each; state requests for review of
unlisted activities, 4 hours; public
notices, 1 hour; interstate listing notices,
30 hours; mediation, 2 hours; appeals to
the Secretary of Commerce, 210 hours.

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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.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–22773 Filed 10–17–19; 8:45 am]
BILLING CODE 3510–08–P

DEPARTMENT OF COMMERCE

Information is submitted pursuant to
the procedural requirements of the
CZMA and its implementing federal
consistency regulations. Required
information is case-specific and not
submitted by form. Methods of
submittal include email and mail.

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Estimated Total Annual Burden
Hours: 35,799.
Estimated Total Annual Cost to
Public: $9,024 in recordkeeping and
reporting costs.

National Oceanic and Atmospheric
Administration
RIN 0648–XR050

Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Rocky Intertidal
Monitoring Surveys Along the Oregon
and California Coasts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
Letter of Authorization; request for
comments and information.
AGENCY:

NMFS has received a request
from the University of California Santa
Cruz for authorization to take small
numbers of marine mammals incidental
to rocky intertidal monitoring along the
coasts of Oregon and California over the
course of five years from the date of
issuance. Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the University of

SUMMARY:

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