1093-0008 SSA Paleo Final Rule Updated 07072022

Supporting Statement A

for paperwork reduction act submission

Application and Reports for Paleontological Permits, 43 CFR 49

OMB Control Number 1093-1008

Terms of Clearance: This is a new information collection in conjunction with the final rule under RIN 1093-AA25, “Paleontological Resources Preservation” (43 CFR Part 49; 36 CFR Part 2; 43 CFR 8360; and 50 CFR Part 27). Changes to the Supporting Statement since the submission at the proposed rule stage are highlighted in yellow.

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

In 1999, the Senate Interior Appropriations Subcommittee requested that the Department of the Interior (we, DOI), the U.S. Department of Agriculture (USDA) Forest Service (FS), and the Smithsonian Institution prepare a report on fossil resource management on Federal lands (Sen. Rep. 105–227, at 60 (1998)). The request directed these entities to analyze the:

• Need for a unified Federal policy for the collection, storage, and preservation of fossils.

• Need for standards that would maximize the availability of fossils for scientific study.

• Effectiveness of current methods for storing and preserving fossils collected from Federal lands.

During the course of preparing the report, the agencies held a public meeting to gather public input. The DOI report to Congress, “Assessment of Fossil Management of Federal and Indian Lands,” was published in May 2000. After the report was released, the Paleontological Resources Preservation Act (PRPA) was introduced in the 107th Congress. PRPA was modeled after the Archaeological Resources Protection Act (ARPA) and emphasized the recommendations and guiding principles in the May 2000 report. The legislation was reintroduced in subsequent Congresses through the 111th Congress when it was included as a subtitle in the Omnibus Public Land Management Act, which became law on March 30, 2009. Legislative history demonstrates that PRPA (16 U.S.C. 470aaa–aaa-11) was enacted to preserve paleontological resources for current and future generations because these resources are nonrenewable and are an irreplaceable part of America’s heritage. PRPA requires that implementation be coordinated between the Secretaries of the Interior and Agriculture and that DOI and USDA issue regulations as appropriate to carry out the law.

Accordingly, DOI and USDA formed an interagency coordination team in April 2009 to draft the proposed regulations. Members of the team included program leads for paleontology, archaeology, and regulatory specialists from the Bureau of Land Management (BLM), the National Park Service (NPS), the Bureau of Reclamation (Reclamation), the U.S. Fish and Wildlife Service (FWS) (the bureaus), and the FS.

On May 23, 2013, the FS issued a proposed rule that would implement PRPA with respect to National Forest System lands (78 FR 30810). On April 17, 2015, the FS published these regulations as final (80 FR 21588).

On [date], we published our final rule under RIN 1093-AA25 (87 FR #####) to implement PRPA. The final rule preserves, manages, and protects paleontological resources on BLM, NPS, Reclamation, and FWS lands and ensure that these resources are available for current and future generations to enjoy as part of America’s national heritage. The rule addresses the management, collection, and curation of paleontological resources from Federal lands using scientific principles and expertise, including collection in accordance with permits, curation in an approved repository, maintenance of confidentiality of specific locality data, and authorization of penalties for illegal collecting, damaging, otherwise altering or defacing, or sale of paleontological resources.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Be specific. If this collection is a form or a questionnaire, every question needs to be justified.

Information collected will allow DOI bureaus to:

• inventory paleontological resources,

• implement the permitted collection of fossils from the ground,

• preserve collected fossils in repositories,

• track and report the location and condition of paleontological resources,

• implement civil penalties provisions with due process considerations, and

• monitor the results of scientific investigations that involve the use of paleontological resources in both the field and in museum collections.

OMB has reviewed and approved the information collection requirements associated with the NPS’ application and reports for paleontological permits (OMB Control Number 1024-0236).

We are proposing to collect the following information associated with paleontological permits for work on lands administered by BLM, Reclamation, and FWS:

Paleontology Permit Application (§ 49.115) – Permit applicants proposing to work in areas administered by BLM, Reclamation, or FWS must provide the information requested by

DI Form 9002, “Paleontology Permit Application”. Such information includes:

1. Applicant’s name, affiliation, and contact information.

2. Description of the applicant’s qualifications, to include a current resume for the applicant and all other persons who will oversee fieldwork and other work, and information on the applicant’s past performance on previous permits.

3. Maps and other location information, and estimated start and end dates of proposed work.

4. Description, purpose and methodology of proposed work, including a detailed scope of work or research plan for the proposed activity, logistical information, methods that will be employed to explore for or remove the paleontological resources, proposed content and nature of any collection to be made under the permit.

5. Information about the proposed repository.

6. Description of anticipated costs, including bonding information.

Locality information (§ 49.125(a)(1) & (6)). Permittee will record locality information on DI Form 9004, “Paleontology Locality Record”, or in another format approved by the bureau in the permit that captures the same information.

Resource damage or theft (§ 49.125(a)(7)). Permittee must report suspected or apparent resource damage or theft of paleontological or other resources to the Federal land manager as soon as possible, but not to exceed 48 hours, after learning of the suspected or apparent damage or theft.

Repository receipt (§ 49.125(a)(10) & (11)). Permittee must deposit the collection in the approved repository named in the permit by the date specified in the permit and provide the bureau with DI Form 9007, “Repository Receipt of Collections (Paleontology)”, which includes a certification by the permittee that the collection and other associated records were transferred to the repository and a certification by the approved repository’s authorized official that the collection was received.

List and description of paleontological resources (§ 49.125(a)(12)). If the permittee has not transferred the collection to the approved repository named in the permit by the date specified in the permit, the permittee must provide the Federal land manager a complete list and description of all paleontological resources collected and the current location of the paleontological resources.

Reports (§ 49.125(a)(14)). Permittees conducting activities on lands administered by BLM, Reclamation, or FWS must submit reports to the bureaus using DI Form 9006, “Paleontology Permit Report” as a cover sheet. Under some permits, one report may be required summarizing all activities; while other permits may require multiple reports for separate activities under the permit. We use the reports to track and manage the resources and contribute to scientific research.

Amendments to permits (§ 49.130(a)). Permittees may request a modification to a permit. Modification requests will include permittee name, permit number, and the reason(s) for the modification request.

Objecting to a notice of violation (§ 49.515(a) & (b)). When a person receives a notice of violation, the person has 30 days from the date the notice was received to object by submitting to the Federal land manager documentation to support the position that the person did not commit a violation or that the proposed penalty should be reduced or eliminated.

Responding to a civil penalty (§ 49.535(a) & (b)). A person may request a hearing on the Federal land manager’s final assessment of a civil penalty by filing a request for hearing via registered or certified mail (return receipt requested or other delivery method, delivery receipt requested) to the Departmental Cases Hearings Division, Office of Hearings and Appeals, Department of the Interior, at the address specified in the final assessment of civil penalty. A copy of the request must be served on the Solicitor of the Department of the Interior at the address specified in the final assessment of civil penalty. The request for hearing must include the following information:

1. The reasons for challenging the final assessment;

2. The relief sought and the basis for the relief;

3. A copy of the original notice of civil violation and proposed civil penalty assessment;

4. A copy of any objection and supporting documentation filed under § 49.515(a) & (b);

5. A copy of the final assessment of civil penalty; and

6. A certificate of service acknowledging service of the request for hearing with the accompanying documentation on the Office of the Solicitor.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden and specifically how this collection meets GPEA requirements.

We plan to make the forms available on the Department’s Enterprise Forms website. Respondents will be able to complete the forms online and submit them electronically.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

The NPS utilizes a large, comprehensive, online-compatible scientific research and collection permitting system which includes permits for paleontological research and collection in park units, and for which information collection has been approved (OMB 1024-0236). Currently, BLM, Reclamation, and FWS do not have comparable systems for managing paleontological research and collection. Under the permitting provisions of 43 CFR 49, the latter three bureaus have established a consistent, streamlined paleontology-specific research and collection permit system. However, the NPS would retain its existing permitting system for paleontological research and collection under the proposed regulations so that permit applicants on NPS lands would not have to apply for two redundant permits (one permit under the existing system and one under the 43 CFR 49) and so that the NPS would not have to administer two separate permit systems (the existing system along with the paleontological permit system). It is important to note that NPS' existing permitting system is fully consistent with the permitting provisions of 43 CFR 49, and therefore with the permitting system that will be established for the other three bureaus under 43 CFR 49. The consistency among the four bureaus' permitting systems will enhance efficiency and information-sharing, where appropriate, among the bureaus, permit applicants, permittees, and other partners.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

We collect only the minimum information necessary to protect paleontological resources on our lands. Small entities that may be affected by the information collection requirements under PRPA include academic institutions and businesses that engage in assessment or mitigation of paleontological resources. The steps involved in applying for a paleontological permit and submitting required reports are not large in terms of either personnel time or materials cost.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

We cannot collect the information less frequently. We only collect information for the application on occasion in response to an applicant’s expressed desire to conduct scientific research, educational activities, collecting, or assessment and mitigation of bureau-managed paleontological resources. Reports and other information are collected on occasion or annually.

If the information were not collected, we would:

(1) not have information on the location and condition of paleontological resources in the field or in museum collections;

(2) be unable to issue paleontological resource use permits;

(3) be unable to track and report on scientific research;

(4) be unable to implement the civil penalties provisions of PRPA; and

(5) fail to implement mandates of the PRPA, which requires us to manage paleontological resources using scientific principles and expertise.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

Permittee must report suspected resource damage or theft of paleontological or other resources to the Federal land manager as soon as possible, but not to exceed 48 hours, after learning of such damage or theft (43 CFR 49. 125(a)(7)). This short time frame is necessary to allow law enforcement to collect data in support of a criminal or civil penalty assessment.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and in response to the PRA statement associated with the collection over the past three years, and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

On December 7, 2016, we published a proposed rule in the Federal Register (81 FR 88173) and solicited public comment for a period of 30 days on the information collection and recordkeeping requirements described in this supporting statement, ending on January 6, 2017. Of the 1,611 comments received on the proposed rulemaking, 4 comments were related to the information collection and associated forms from the following:

Name	Regulations.gov Comment ID	Organization (If applicable)	Date Received
Joseph Cook	NPS-2016-0003-0201	Natural Science Collections Alliance, and the Museum of Southwestern Biology, University of New Mexico	01/25/2017
Dale Hanson	NPS-2016-0003-0203	Museum of the Rockies	01/24/2017
Robert Gropp	NPS-2016-0003-0227	American Institute of Biological Sciences	01/30/2017
Lanny H. Fisk	NPS-2016-0003-0461	PaleoResource Consultants	02/16/2017

A summary of those comments and our responses are as follows:

Comment: Three commenters asked the bureaus to make permitting more consistent by adopting the same Paleontology Permit Application (DI Form 9002) across all bureaus, instead of having the NPS continue to use its existing permit request system.

Response: The NPS uses an online permit system (called the Research Permit and Reporting System) that requires the same information that is collected by DI Form 9002, so applicants for a paleontology permit should not see a difference in the time it takes to request a permit.

Comment: Three commenters expressed apprehension that the Federal land manager might require more information on the DI Form 9002 than is possible to provide, such as, 1) the exact location where collection will occur during a survey; or, 2) be required to provide a detailed list of fossil taxa that will be recovered.

Response: The information that an applicant provides on a permit application is necessary so that the Federal land manager can identify the extent and nature of work and its potential impacts. Permit applicants and the Federal land manager need to communicate with each other so that each may understand the specific needs of, or seek clarification from, the other.

Comment: One commenter asked whether a copy of the Paleontology Notice to Proceed (DI Form 9005) should be submitted with a permit report.

Response: Copies of DI Form 9005 should be provided in all reports, especially final permit reports.

Comment: Two commenters asked that the Repository Receipt for Collections (DI Form 9007) be provided to the bureaus by the permittee, not the repository, as this is a permit responsibility and should not create a separate burden for the repository.

Response: The bureaus agree. Submission of DI Form 9007 has always been, and will continue to be, the responsibility of the permittee. Copies of DI Form 9007 should be shared with the repository, but it is not the repository’s responsibility to produce or submit the form.

In summary, we accepted all comments pertaining to information collection from the public and incorporated them into the final rulemaking, forms, and this supporting statement. In addition, we reviewed all aspects of the forms and made a number of changes for clarity or made revisions where duplication was found. As a result, some of the form numbers have changed. To note, DI Forms 9005 and 9006 in the proposed rule were consolidated into one form, now DI Form 9006, Paleontology Permit Report, to be used as a cover sheet. Instructions for all forms were rewritten to align with the revisions to the forms. A table summarizing the form changes from the notice of proposed rule stage to the final rule follows:

Table summarizing the DI Form changes

Notice of Proposed Rulemaking (12/7/2016) DI Form Numbers and Titles	Final Rule: Changes to DI Form Numbers and Titles
9002 – Paleontological Resource Use Permit Application	9002 – Paleontology Permit Application
9003 – Paleontological Resource Use Permit	9003 – Paleontology Permit
9004 – Paleontological Locality Form	9004 – Paleontology Locality Record
9005 – Paleontological Permit Report Cover Sheet	9005 – Notice to Proceed (Paleontology)
9006 – Paleontology Consulting Report Cover Sheet	9006 – Paleontology Permit Report Cover Sheet
9007 – Paleontology Work Notice to Proceed	9007 – Repository Receipt of Collections (Paleontology)
9008 – Repository Receipt for Collections (Paleontology)

One additional change to the information collection is the deletion of the requirement to notify the bureaus of a change of personnel (previously referenced as § 49.75(a)(2), Change of Personnel in the proposed rule). Permit applicants are already required to submit the names and credentials of all individuals who will be responsible for supervising or conducting work under the permit when they apply for a permit. Burden hours and responses have been adjusted to acknowledge the deletion of this requirement.

The Paleontological Resources Preservation final rule, 43 CFR 49, includes the updated information collection requirements for managing paleontological resources on DOI lands. A copy of the final rule is attached as a supplemental document.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

We do not provide payments or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

Personal information collected on these forms is protected by the Privacy Act of 1974 systems of records notice DOI-20, Paleontological Resources Preservation System (October 2, 2019, 84 FR 52530). We provided a copy of the SORN, as well as the associated Privacy Threshold Analysis documents for each bureau, as supplementary documents in ROCIS.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

No questions of a sensitive nature will be asked.

12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here.

We estimate that we will receive 1,845 responses totaling 5,060 annual burden hours. We estimate the total dollar value of the burden hours to be $201,928 (rounded). These estimates reflect information collected by BLM, Reclamation, and FWS to manage paleontological resource permits and respond to appeals made during the civil penalty process. Burden associated with NPS paleontological permits and reports is approved under OMB Control Number 1024-0236.

To develop the burden hour dollar value estimate, we first assumed that the burden hours will be an average of 2.7425 hours per response (total annual burden hours divided by the number of estimated responses). We multiplied this average by the estimated number of the different types of respondents. We then used the Bureau of Labor Statistics (BLS) News Release USDL-22-1176, June 16, 2022, Employer Costs for Employee Compensation—March 2022, to estimate the total hourly wages based on the following:

• Individuals – the hourly rate for all workers is $40.90, including benefits.

• Private Sector – the hourly rate for all workers is $38.61, including benefits.

• Government – the hourly rate for all workers is $55.47, including benefits.

The detailed burden estimates for this information collection are as follows:

Requirement	Estimated Annual Responses	Estimated Completion Time Per Response (Hours)	Estimated Annual Burden Hours
Permit Application (DI Form 9002 - § 49.115; DI Form 9003 - § 49.125(a); DI Form 9005 - § 49.125(d))
Individuals/Households	330	4	1,320
Private Sector	88	4	352
State/Local/Tribal Governments	22	4	88
Subtotal:	440		1,760
Locality Information (DI Form 9004 - § 49.125(a)(1) & (6))
Individuals/Households	225	1	225
Private Sector	60	1	60
State/Local/Tribal Governments	15	1	15
Subtotal:	300		300
Report Resource Damage or Theft – § 49.125(a)(7))
Individuals/Households	38	1	38
Private Sector	10	1	10
State/Local Tribal Governments	2	1	2
Subtotal:	50		50
Repository Receipt (DI Form 9007 – § 49.125(a)(10)&(11))
Individuals/Households	225	1	225
Private Sector	60	1	60
State/Local/Tribal Governments	15	1	15
Subtotal:	300		300
List and Description of Paleontological Resources – § 49.125(a)(12))
Individuals/Households	75	1	75
Private Sector	20	1	20
State/Local Tribal Governments	5	1	5
Subtotal:	100		100
Paleontology Permit Report (DI Form 9006 – § 49.125(a)(14))
Individuals/Households	88	5	440
Private Sector	331	5	1,655
State/Local Tribal Governments	21	5	105
Subtotal:	440		2,200
Request Amendment to Permit – § 49.130(a)
Individuals/Households	150	1	150
Private Sector	40	1	40
State/Local Tribal Governments	10	1	10
Subtotal:	200		200
Objecting to a Notice of Violation – § 49.515(a)&(b)
Individuals/Households	8	10	80
Private Sector	1	10	10
State/Local Tribal Governments	1	10	10
Subtotal:	10		100
Responding to a Civil Penalty – § 49.535(a)&(b)
Individuals/Households	3	10	30
Private Sector	1	10	10
State/Local Tribal Governments	1	10	10
Subtotal:	5		50
GRAND TOTAL:	1,845		5,060

Type of Respondent	Estimated Number of Responses	Estimated Burden Hours (Assuming avg. of 2.7425 Hours per response)	Hourly Rate	Estimated Dollar Value of Burden Hours
Individuals/Households	368	1,009.24	$ 40.90	$ 41,277.92
Private Sector	1,385	3,798.36	38.61	146,654.68
State/Local/Tribal Governments	92	252.31	55.47	13,995.64
TOTALS:	1,845	5,059.91		$ 201,928.23

Of the 1,845 estimated annual responses, we estimate that most (75%, or 1,385) responses will be made by organizations or businesses such as museums or universities, 20% (368) responses will be made by individuals, and 5% (92) will be made by state, local or tribal governments. It is unlikely that each respondent will make all of the responses listed in the tables above, but instead will make only some of the responses. The majority of the people who apply for a permit (DI Form 9002) and receive a permit will likely not be assessed a civil penalty. Mirroring this, the majority of people who would be assessed a civil penalty would not apply for a permit.

It is important to note that these are not new burden hours, because the permitting documents listed in the table above will replace the bureaus’ existing permitting documents and appeal processes which already have information collection burdens.

NOTE - We removed the previously submitted permittee reporting requirement, “Report Change of Personnel - § 49.75(a)(2)” regarding persons conducting activities under a permit (proposed § 49.75(a)(2)) and replaced it with the requirement to maintain a safe and secure worksite. Permit applicants are already required to submit the names and credentials of all individuals who will be responsible for supervising or conducting work under the permit when they apply for a permit.

In addition, Forms DI-9005 and DI-9006 in the proposed rule were consolidated into one form, Form DI-9006, Paleontology Permit Report, to be used as a cover sheet. The burden listed above for Form DI-9006 reflects the consolidation of these two forms.

Also, for OMB’s awareness, there are approximately 55 permits issued to the Federal Government annually.

13. Provide an estimate of the total annual non-hour cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in item 12.)

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

We estimate the nonhour cost burden for this information collection to be approximately $228,876 annually. The curation of DOI collections is either by mutual agreement after a permit applicant asks to curate a proposed collection under the permit or is requested by the repository when a researcher associated with the institution applies for a permit to conduct paleontological studies and excavations on DOI land. Data from the DOI Museum Annual Report for FY 2017 indicates that DOI spent $0.15 for the ongoing curation of each object held in a bureau facility that fiscal year. There was a total of 1,525,838 objects catalogued and curated in FY 2017. This is the most recent data available for objects catalogued and curated in bureau facilities.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

We estimate that the cost to the Federal Government to administer this information collection is $514,620 (9,000 hours x $57.18 hourly rate).

To determine average annual salary costs, we used the Office of Personnel Management Salary Table 2022-RUS to obtain the nationwide rate for a GS-11/05 ($35.96) representing the average grade/step of the bureau personnel who may be engaged in reviewing and approving permits and the other information collection activities described above. We then multiplied the hourly rates by 1.59 in accordance with the BLS News Release USDL-22-1176, June 16, 2022, Employer Costs for Employee Compensation—March 2022, to calculate the fully burdened rate of $57.18. We estimate the 440 permits/year and 10 civil penalty appeals/year would each consume 20 hours of Federal employee time for a total of 9,000 hours.

Again, it is important to note that this is not a new cost. Federal employees are already engaged in this type of information collection under existing legal and regulatory authorities for permitting and penalties, which the proposed information collection would replace.

15. Explain the reasons for any program changes or adjustments in hour or cost burden.

This is a new information collection in conjunction with RIN 1018-AA25.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

We will not publish data from this information collection.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

We will display the OMB Control Number and expiration date on the forms and other applicable documents.

18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."

There are no exceptions to the certification statement.

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