0648-0411 SUPPORTING STATEMENT Part A FINAL

SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Paperwork Submission Under the Coastal Zone Management Act

Federal Consistency Requirements

OMB Control No. 0648-0411

SUPPORTING STATEMENT PART A

Abstract

This is a request for extension of a currently approved information collection. Information requirements pursuant to the Coastal Zone Management Act (CZMA/the Act) are in fulfillment of statutory and regulatory requirements pertaining to State reviews of federal actions for consistency with State policies. The requirements apply to federal agencies (15 CFR part 930, subpart C); federal license and permit applicants (15 CFR part 930, subpart D); persons proposing outer continental shelf exploration, development and production plans (15 CFR part 930, subpart E); and State and local government applicants for federal financial assistance (15 CFR part 930, subpart F). Information submitted pursuant to the requirements under the Act and its implementing regulations informs States as to federal actions that may have reasonably foreseeable effects on uses or resources of the State coastal zone. Except in limited circumstances which are few in the number of instances in any given year, the NOAA Office for Coastal Management does not receive the information that federal agencies and applicants are required to provide to States pursuant to the federal requirements under the CZMA.

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The CZMA requires federal agencies, non-federal license applicants, persons proposing outer continental shelf exploration, development and production plans, and State and local government applicants of federal assistance to conduct their activities in a manner “consistent” with the enforceable policies of NOAA-approved coastal management programs (CMPs). The “federal consistency” requirement is found at 16 U.S.C. § 1456. NOAA’s regulations at 15 C.F.R. part 930 provide the implementing procedures for State CZMA federal consistency reviews, and appeals of State objections to federal actions as provided for in 16 U.S.C. §§ 1456(c)(3)(A) and (B) and 1456(d).

Under the CZMA, NOAA is responsible for promulgating the federal consistency regulations and advising State and federal agencies and applicants as to how the regulations apply. Except for certain circumstances which are few in number in any given year, NOAA does not collect the information required under the CZMA and its implementing regulations. Information collection pursuant to the CZMA occurs between States and Federal agencies proposing activities that may affect State uses and resources of the coastal zone; and applicants for federal licenses and permits; and persons proposing outer continental shelf exploration, development and production plans; and State and local governmental entities applying for federal financial assistance. In each of these cases, information is collected by the State from the federal agency or applicant. 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 applicant for a federal license, permit, or financial assistance appeals to the Secretary of Commerce for an override to a State CMP’s objection to a consistency certification. 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.

Note: performance reports on Coastal Management Plan activities are approved under OMB Control No. 0648-0119.

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.

A. Consistency determinations/certifications and State objections/concurrences, subsequent evaluations of State CMPs pursuant to section 312 of the CZMA and mediation to encourage settlement of disagreements between State CMPs and Federal agencies.

930.4 This regulation establishes a procedure for State CMPs seeking to impose conditions on Federal agencies or federal permittees without actually objecting to the consistency certification and triggering an appeal. The objective of the regulation is to ensure clarity between the State, Federal agency, and, if relevant, an applicant as to the specific nature of the State’s concern and the Federal agency’s or applicant’s opportunity to respond to it.

930.35(c) This paragraph establishes procedures for Federal agencies to determine that there are no effects to a State coastal zone related to a proposed federal activity and sets time periods for the issuance of such a “negative” determination by a Federal agency. If a State CMP wishes to have additional time in which to consider whether to object to the Federal agency’s negative determination, this regulation requires the State to request such an extension of time in writing.

930.34(d) This paragraph is intended to enhance transparency and improve consultation among Federal agencies and State CMPs by requiring that States make copies of the federally approved State CMPs available for public inspection. In addition, upon request, States are required to identify those enforceable policies of the State CMP applicable to a federal activity or applicant’s project. There is no defined format for the identification and it may occur in any manner deemed appropriate by the State including telephone conversation, letter, fax, or email.

930.42(c) This provision requires States to ensure public participation in review of consistency determinations. The contents of the public notice are set forth to provide uniformity in basic information provided by the State to the public about the consistency determinations.

930.43 This regulation provides the basic foundation for a State to exercise its CZMA federal consistency review authority to object to federal actions affecting State coastal resources or the consistency certification. Objections take the form of a letter to an applicant. An objection is a Statement of the State’s formal findings regarding the consistency of the proposed action with the State CMP’s enforceable policies in conformance with 16 U.S.C. § 1456(c)(1). An objection must contain certain elements to which the Federal agency can respond. Copies of objection letters must be provided to NOAA to ensure that consistency objections are correctly made and for NOAA assistance in resolving conflicts between States and federal agencies.

930.57 This provision requires applicants to submit consistency certifications for required federal license or permit activities to the State CZMA agency.

Excerpted from this section:

“a) Following appropriate coordination and cooperation with the State agency, all applicants for required federal licenses or permits subject to State agency review shall provide in the application to the federal licensing or permitting agency a certification that the proposed activity complies with and will be conducted in a manner consistent with the management program. At the same time, the applicant shall furnish to the State agency a copy of the certification and necessary data and information.

b) The applicant’s consistency certification shall be in the following form: “The proposed activity complies with the enforceable policies of (name of State) approved management program and will be conducted in a manner consistent with such program.”

930.58 This provision is the basic foundation for the implementation of 16 U.S.C. § 1456(c)(3) where a non-federal applicant for a federal license or permit is required to ensure that its proposed project is consistent with the enforceable policies of the State CMP. This information is provided by the applicant to the State and is the basis for State’s decision that the project is or is not consistent with the State CMP.

Excerpted from this section:

“a) The applicant shall furnish the State agency with necessary data and information along with the consistency certification. Such information and data shall include the following:

(1) A copy of the application for the federal license or permit and

(i) All material relevant to a State’s management program provided to the Federal agency in support of the application; and

(ii) To the extent not included in paragraphs (a)(1) or (a)(1)(i) of this section, a detailed description of the proposed activity, its associated facilities, the coastal effects, and any other information relied upon by the applicant to make its certification. Maps, diagrams, and technical data shall be submitted when a written description alone will not adequately describe the proposal.

(2) Information specifically identified in the management program as required necessary data and information for an applicant’s consistency certification. The management program as originally approved or amended (pursuant to 15 CFR part 923, subpart H) may describe data and information necessary to assess the consistency of federal license or permit activities. Necessary data and information may include completed State or local government permit applications which are required for the proposed activity, but shall not include the issued State or local permits. NEPA documents shall not be considered necessary data and information when a Federal statute requires a Federal agency to initiate the CZMA federal consistency review prior to its completion of NEPA compliance. States shall not require that the consistency certification and/or the necessary data and information be included in NEPA documents. Required data and information may not include confidential and proprietary material; and

(3) An evaluation that includes a set of findings relating the coastal effects of the proposal and its associated facilities to the relevant enforceable policies of the management program. Applicants shall demonstrate that the activity will be consistent with the enforceable, policies of the management program. Applicants shall demonstrate adequate consideration of policies which are in the nature of recommendations. Applicants need not make findings with respect to coastal effects for which the management program does not contain enforceable or recommended policies.”

930.59 This provision allows for the consolidation of information relevant to multiple permits so that efficiency in the consistency process can be achieved. Consolidation is for the benefit of the permit applicant and does not prejudice the findings of consistency with State CMPs.

930.60 This provision provides for timely notification as to the completeness of information provided under 930.58.

930.62 A State may agree with a federal permit applicant’s consistency certification in one of two ways: 1) by letter stating its specific findings that the project is consistent with the State CMP; or 2) by the lapse of time after which the State is presumed to have concurred. This information is critical to all parties in the federal permitting process. Without the State’s concurrence, the Federal agency cannot issue the requested permit. The concurrence letter is also the closing administrative document of the CZMA process and provides the rational basis for the State’s action under the CZMA as well as its own State authorities.

930.63 Likewise, a State’s objection to an applicant’s consistency certification is its basis for rejecting the consistency findings of the applicant and may form the basis of an applicant’s subsequent appeal to the Secretary of Commerce. This document is critical to the consistency process as it informs the applicant, the Federal agency and public of the effects of the proposed activity is not consistent with the CMP enforceable policies. The objection letter may or may not contain substantial technical information upon which the State CMP’s decision was based and may provide some basis for any alternative the State believes would be consistent with the State CMP.

930.75 This requirement is a restatement of the requirement of State CMPs to provide information and copies of their enforceable policies to the affected members of the public and Federal agencies, in this case, entities intending to develop mineral resources on the outer continental shelf (OCS) for which specific provision is made in 16 U.S.C. § 1456(c)(3)(B).

930.76 This request is the need for a consistency certification for persons to engage in certain activities on the OCS. These documents provide the foundation of the CZMA federal consistency review process for OCS applicants.

“930.76 Submission of an OCS plan, necessary data and information and consistency certification.

(a) Any person submitting any OCS plan to the Secretary of the Interior or designee shall submit to the Secretary of the Interior or designee:

(1) A copy of the OCS plan;

(2) The consistency certification;

(3) The necessary data and information required pursuant to § 930.58; and

(4) The information submitted pursuant to the Department of the Interior’s OCS operating regulations (see 30 CFR 250.203 and 250.204) and OCS information program regulations (see 30 CFR part 252).

(b) The Secretary of the Interior or designee shall furnish the State agency with a copy of the information submitted under paragraph (a) of this section, (excluding confidential and proprietary information).

(c) The person’s consistency certification shall be in the following form:

The proposed activities described in detail in this plan comply with (name of State(s)) approved management program(s) and will be conducted in a manner consistent with such program(s).”

930.78 A concurrence letter documents the State’s agreement that the proposed activities on the OCS are consistent with the State CMP. Without concurrence, the Federal agency cannot issue the federal license or permit to the OCS applicant.

930.94 This rule provides a parallel process for State CMP review of federal assistance to State and local agencies. This procedure implements 16 U.S.C. § 1456(d) and parallels the other consistency procedures.

B. Unlisted activities and outside coastal zone notifications by States and de minimis activities

930.33(a)(3) This provision establishes a procedure for Federal agencies to obtain an exclusion from State agency review for de minimis activities, other than development projects within the coastal zone. Pursuant to 16 U.S.C. § 1455(d)(14), NOAA regulations require the State agency to provide for public participation when reviewing the Federal agency’s de minimis activity request. If the State agency objects to the Federal agency’s de minimis finding, then the Federal agency must provide the State agency with either a negative determination or a consistency determination.

930.34(c) Federal agencies are required to notify State CMPs of proposed Federal agency activities that the Federal agency determines will have reasonably foreseeable effects on the uses or resources of a State’s coastal zone. While States have an option to list Federal agency activities subject to CZMA federal consistency review, Federal agencies are required to notify States of activities that may have reasonably for seeable effects to uses or resources of the coastal zone regardless of whether the activity is listed in the State’s CMP program document. The listing of federal agency activities merely puts Federal agency on notice that the State believes these activities, as a general matter, have coastal effects. In addition, if an activity is listed and Federal agency determines there are no reasonably foreseeable coastal effects, the Federal agency provides a negative determination. If the proposed Federal agency activity is not listed, and the Federal agency does not otherwise notify the State, and the State wants to review the activity, then this section provides the authority for the State to notify the Federal agency and for the Federal agency to respond. Since there is an affirmative duty on the part of Federal agencies to notify States of proposed activities that have coastal effects, there are few such State notifications needed.

930.54(a)(1) State CMPs are required to list federal license or permit activities that are subject to a State’s CZMA federal consistency review. If a federal license or permit activity is not listed and the State believes that the activity will have coastal effects, the State must notify the applicant, the approving Federal agency, and Office for Coastal Management (OCM) of its intent to review the activity and request OCM approval for the review. OCM approval is required to ensure that an unlisted activity should be subject to the CZMA federal consistency provision by finding whether the proposed activity will have reasonably foreseeable effects on any coastal use or resource. This section affords States the possibility of reviewing the unlisted activity. The CZMA requires that all federal license or permit activities that affect a State’s coastal uses or resources are subject to consistency. Given the potentially large number of affected federal approvals, State CMPs are required to list in their CMP Program Documents those federal licenses or permit activities that will have reasonably foreseeable effects on coastal uses or resources. The listed/unlisted procedures provide applicants and Federal agencies with notice of which federal authorizations are subject to the CZMA federal consistency review and those activities that the State is most concerned about. NOAA usually receives less than five, and often only one or two, unlisted activity requests each year for all 34 coastal States.

930.54(a)(2) This section encourages applicants for unlisted federal licenses, or for permits for activities that might affect a State’s coastal uses or resources, to notify the State to give the State the opportunity to decide whether to review the activity. By coordinating early with the State, this section will help to reduce conflicts between States and applicants for unlisted federal approvals.

930.98(a) This section requires States to notify applicant agencies (State agencies or local governments applying for federal financial assistance) of activities that the State wants to review for consistency that are located outside of the State’s coastal zone. The purposes for this section are the same as that provided above for listed/unlisted activities: providing applicant agencies and Federal agencies with notice and predictability of the federal approvals which are subject to the consistency requirement and about which the State is most concerned.

C. Public notice requirements for States and applicants

930.42(a), (b) This statutory requirement requires States to provide for public notice and comment on the State’s review of a Federal agency’s consistency determination. All States have approved public participation procedures for this section.

930.61 This statutory requirement ensures that the public has an opportunity to comment on an applicant’s consistency certification for the applicant’s federal license or permit application. For subpart D, unlike the public participation requirement under subpart C where the State provides the public notice, the State may issue a notice, the State may include its notice in the Federal agency’s notice, or the State may require that the applicant provide the notice.

D. Remedial action/supplemental review notices and requests by States

930.45, 930.65, 930.100

These sections provide States with the opportunity to request that a Federal agency take remedial action when the State believes that a Federal agency activity, a federal license or permit activity, or a federal assistance activity is no longer being undertaken in a manner consistent with the State’s management program. These sections are infrequently used.

930.46(b), 930.66(b), 930.101(b)

These sections provide States with the opportunity to seek a supplemental consistency review, under the applicable subpart, when the State believes that an activity previously reviewed by the State, but which has not yet begun, will have coastal effects substantially different than originally described. These sections are not used very often.

930.85(b), 930.85(c)

This section is essentially the “remedial action” section for subpart E. The section provides States with the opportunity to notify the Minerals Management Service of previously approved OCS plans that the State believes are no longer consistent with the State’s management program. This section is rarely used.

E. State Federal Consistency listing and coordination

930.53(c)(1) This section clarifies that States need to consult with applicable Federal agencies when the State wants to add a federal license or permit to its list of activities subject to consistency review. The State-Federal consultation needs to occur prior to the State’s submittal to OCRM for approval. This section furthers the State-Federal consultation and coordination that is required when the State developed its federally approved program and provides the State and Federal agency with the opportunity to resolve any issues prior to submission to OCRM.

930.154 This section exists for the reasons noted above for listed and unlisted activities: to provide applicants and Federal agencies with notice and predictability of the federal approvals which are subject to the consistency requirement and about which the State is most concerned. The listing required for this section is so that the application of “interstate consistency” is carried out in a predictable, reasonable, and efficient manner, and to ensure that neighboring States are provided the opportunity to comment on the potential application of consistency in their State by another State.

930.155(b), 930.154(d)

These sections exist for the reasons Stated above: so that the application of “interstate consistency” is carried out in a predictable, reasonable, and efficient manner, and to ensure that neighboring States are provided the opportunity to comment on the potential application of consistency in their State by another State. Because of the potential for conflict when one State is reviewing a federal activity in another State, specific notification of proposed activities and the reviewing State’s intent should help to alleviate potential problems and ensure that a consistency review is carried out in a timely and transparent manner.

F. Mediation requests by States

930.112 This section implements a statutory provision that gives States and federal agencies the opportunity to request that the Secretary of Commerce mediate a serious dispute between a State and a Federal agency. There have been numerous requests for mediation over the years, which only requires a letter to the Secretary, but only one instance where the mediation was actually initiated. Usually, the Federal agencies opt for more informal mediation through OCRM.

930.113(b) This section requires that the Federal and State agencies party to the mediation provide the public with an opportunity to review public information related to the mediation.

G. Appeals to the Secretary by applicants and State responses

930.125 This section implements the statutory provision allowing applicants for federal licenses or permits or federal assistance to appeal a State’s objection to the Secretary of Commerce. If, on appeal, the Secretary overrides the State’s objection, then the applicable Federal agency can issue its approval. These regulations provide a reasonable, efficient, and predicable process to conduct the appeal and develop an administrative record for the Secretary’s decision. In the history of the CZMA (as of December 14, 2022) there have been 152 appeals filed, but only 50 decisions by the Secretary. Thirty-four appeals were dismissed by NOAA on procedural grounds and 68 were withdrawn after negotiations between State and applicant. No appeals are pending.

NOAA will retain control over the information and safeguard it from improper access, modification, and destruction, consistent with NOAA standards for confidentiality, privacy, and electronic information.  See response #10 of this Supporting Statement for more information on confidentiality and privacy. The information collection is designed to yield data that meet all applicable information quality guidelines. Although the information collected is not expected to be disseminated directly to the public, results may be used in scientific, management, technical or general informational publications. Should NOAA decide to disseminate the information, it will be subject to the quality control measures and pre-dissemination review pursuant to Section 515 of Public Law 106-554.

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.

There is no prescribed method for the transmission of information but the vast majority of information is delivered electronically through the use of email.

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 Question 2

In item number 2 above, we have described the efforts to avoid duplication of information collection which include provisions requiring copies of information provided to other Federal agencies to also be sent to NOAA.

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

This collection does not involve small business or other small entities.

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.

Without these regulations implementing the consistency provision of the CZMA at 16 U.S.C. § 1456, NOAA could not fulfill its obligations under that statute or its mission to assure consistency of Federal agency activities, federal license or permit activities, and federal assistance activities with State CMPs.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with OMB guidelines.

This collection will be conducted in a manner consistent with OMB guidelines.

8. If applicable, provide a copy and identify the date and page number of publications 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 describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

A Federal Register Notice was published on September 15, 2022 (87 FR 56635) soliciting public comment. No comments were received.

NOAA emailed several stakeholders 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. No comments were received.

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

No payments or gifts are provided to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

The information provided to NOAA is a matter of public record except that information which is protected as proprietary under FOIA or applicable State law.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or 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 are asked.

12. Provide estimates of the hour burden of the collection of information.

Information Collection	Type of Respondent (Occupational Title)	# of Respondents (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c) = (a) x (b)	Burden Hrs / Response (d)	Total Annual Burden Hrs (e) = (c) x (d)	Mean Hourly Wage Rate (for Type of Respondent) (f)	Total Annual Wage Burden Costs (g) = (e) x (f)
Federal Agency / License or Permit and Assistance	States and Non-Federal Applicants	1755	2.2	3900	8	31200	$36.76	$1,146,912
Federal Assistance Applications	States and Applicants	634	1.9	1200	2	2400	$36.76	$88,224
Unlisted Activities Requests	States are only respondents	3	1	3	4	12	$36.76	$441
Public Notices	States are only respondents	34	38	1300	1	1300	$27.92	$36,296
Remedial Action Requests	States are only respondents	3	1	3	4	12	$36.76	$441
Listing Notice / Coordination – State listing	States are only respondents	1	1	1	1	1	$43.71	$43
Listing Notice / Coordination – IntesState listing	States are only respondents	1	1	1	30	30	$43.71	$1,311
Mediation requests	States are only respondents	2	1	2	2	4	$51.65	$207
Secretarial appeals	Individual appeal, State response, business appeal, State response	4	1	4	210	840	$51.65	$43,386
Totals				6,414		35,799		$1,317,261

Except for the following provisions of these regulations, the information is being gathered for other purposes by other entities, municipal, State, or Federal.

A. Federal Agency / License or Permit and Assistance.

Row A is the combined total of required submissions to States by Federal license and permit applicants and Outer Continental Shelf lessees, the State reviews of those submissions by 34 coastal States, along State reviews of submissions made by federal agencies.

B. State requests for review of unlisted activities

Row B is the combined submissions by federal financial assistance applicants and State reviews of those submissions.

C. Unlisted Activity Requests

Row C is for the number of State requests submitted to NOAA for approval to review activities pursuant to 15 CFR § 930.54.

D. Public Notices

Row D shows the sums for required public notices issued by 34 coastal States.

E. Remedial Action Requests

Row E shows the sums for the State requests for remedial action or supplemental review.

F. Listing Notice / Coordination – State listing

Row F shows State submissions to NOAA for approval of changes to State lists of federal actions subject to review.

G. Listing Notice / Coordination – Interstate listing

Row G shows State submissions to NOAA for approval of changes State lists of federal actions occurring in other States subject to review.

H. Mediation requests

Row H shows State requests for mediation.

I. Secretarial appeals

Row I shows submissions made by private parties for minor appeals to the Secretary of Commerce, and submissions made by corporations for major appeals, along with State responses to both.

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

Information Collection	Annual # of Respondents (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c)=(a) x (b)	Misc. Cost Burden / per Response (h)	Total Annual Cost Burden (i) = (c) x (h)
Federal Agency / License or Permit and Assistance	1755	2.2	3,900	-0-	-0-
Federal Assistance Applications	634	1.9	1200	-0-	-0-
Unlisted Activities Requests	3	1	3	-0-	-0-
Public Notices	34	38	1,300	-0-	-0-
Remedial Action Requests	3	1	3	-0-	-0-
Listing Notice / Coordination – State listing	1	1	1	-0-	-0-
Listing Notice / Coordination – Interstate listing	1	1	1	-0-	-0-
Mediation requests	2	1	2	-0-	-0-
Secretarial appeals – Individual appeal, State response; business appeal, State response	4	1	4	$3.35	$13
TOTALS			6,414		$13

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.

Cost Descriptions	Grade/Step	Loaded Salary /Cost	% of Effort	Fringe (if Applicable)	Total Cost to Government
Federal Oversight	GS-14	$ 161,711	5%		$8,085
Other Positions	None				-0-
Contractor Cost					-0-
Travel					-0-
Other Costs					-0-
TOTAL					$8,085

Since most of the submission requirements are for non-Federal entities, the costs to the Federal Government are few. The costs for the Federal Government are mostly to receive and respond to the unlisted activity requests, remedial action requests, mediation requests and Secretarial appeal requests. There are, generally, no costs associated with the Secretarial appeals since NOAA recovers its costs from the appellant, pursuant to 16 U.S.C. § 1456(i).

15. Explain the reasons for any program changes or adjustments reported in ROCIS.

There are no changes to the information collection since the last OMB approval.

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.

No publication is planned.

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.

This information collection does not use forms.

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

The agency certifies compliance with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

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