Applications and Reporting Requirements for Incidental Taking of Marine Mammals by Specified Activities Under the Marine Mammal Protection Act.

Forms and Documents

Document Name	Status
0648-0151 Supporting Statement Part A 2020-0904.docx Supporting Statement A	2020-11-12
0648-0151 30-day FRN 85 FR 60765 2020-0928.pdf Supplementary Document	2020-09-28

IC Document Collections

IC ID	Document Title	Status
4021	IHA - Application Instruction	Modified
240979	GOM - Draft / Final Annual Reports	New
194741	LOA - Draft / Final Annual Reports and Draft / Final Comprehensive Reports	Modified
180573	LOA - Initial Application Preparation and Annual LOA Application	Modified
180572	IHA - Draft Interim / Annual Reports and Final Annual Report	Modified

ICR Details

OMB Control No: 0648-0151	ICR Reference No: 202003-0648-013
Status: Received in OIRA	Previous ICR Reference No: 201702-0648-008
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Applications and Reporting Requirements for Incidental Taking of Marine Mammals by Specified Activities Under the Marine Mammal Protection Act.
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/19/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2021
Responses	236	93
Time Burden (Hours)	25,973	15,291
Cost Burden (Dollars)	255,352	100,626

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Abstract: The Marine Mammal Protection Act of 1972 (MMPA; 16 U.S.C. 1361 et seq.) prohibits the "taking" of marine mammals unless otherwise authorized or exempted by law. The National Marine Fisheries Service (NMFS) uses the information collection to: evaluate the proposed activity's impact on marine mammals; arrive at the appropriate determinations required by the MMPA and other applicable laws prior to issuing or denying the authorization; and monitor impacts of activities for which take authorizations have been issued. This revision results from a new proposed rule affecting geophysical surveys related to oil and gas activities in the Gulf of Mexico that is expected to generate a large number of new applications and reports related to these activities from this sector.

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Authorizing Statute(s): US Code: 16 USC 1361 Name of Law: Marine Mammal Protection Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-BB38	Final or interim final rulemaking	86 FR 5322	01/19/2021

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 60765	09/28/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 5322	01/19/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
LOA - Initial Application Preparation and Annual LOA Application
IHA - Draft Interim / Annual Reports and Final Annual Report
IHA - Application
LOA - Draft / Final Annual Reports and Draft / Final Comprehensive Reports
GOM - Draft / Final Annual Reports

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	236	93	0	143	0	0
Annual Time Burden (Hours)	25,973	15,291	0	10,682	0	0
Annual Cost Burden (Dollars)	255,352	100,626	0	154,726	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The total number of respondents is expected to increase as a result of the GOM proposed rule that is the basis for this revision request. The percentage of non-Federal applicants for regulations/Letters of Authorization is likely to increase as a result of the GOM proposed rule as all of those applicants would be non-Federal. For the change in number of respondents and responses due to the GOM proposed rule we estimate 95 new LOA applications, the low end of the annual estimate discussed in the proposed rule because the GOM rule is not expected to be finalized until late summer 2020 and this OMB Control Number expires less than a year later (June 30, 2021). Because there will be less than a year for respondents to carry out work under the GOM regulations before this OMB Control Number expires, we estimate no more than one-quarter of respondents (24) will complete work to the point of developing an annual report.

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Annual Cost to Federal Government: $1,405,655

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/19/2021

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