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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0648-0151
ICR Reference No:
201009-0648-008
Status:
Historical Active
Previous ICR Reference No:
200706-0648-002
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:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
01/07/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/19/2010
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2014
36 Months From Approved
01/31/2011
Responses
87
0
142
Time Burden (Hours)
26,410
0
20,456
Cost Burden (Dollars)
361,575
0
1,361
Abstract:
The taking by harassment, injury, or mortality of marine mammals is prohibited by the Marine Mammal Protection Act (MMPA) unless exempted or authorized by permit. The small-take program authorized the taking of marine mammals incidental to maritime activities (oil industry, shipping). It is the responsibility of the activity to determine if it might have a "taking" and, if it does, to apply for an authorization. Applications are necessary for NMFS to know that an authorization is needed and to determine whether authorization can be made under the MMPA. Reporting requirements are mandated by the MMPA and are necessary to ensure that determinations made in regard to the impact on marine mammals are valid.
Authorizing Statute(s):
US Code:
16 USC 1361
Name of Law: Marine Mammal Protection Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
75 FR 27295
05/14/2010
30-day Notice:
Federal Register Citation:
Citation Date:
75 FR 64245
10/19/2010
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
IHA Application
IHA draft interim and annual reports and final annual report
LOA initial application, preparation for regs and annual LOA application
LOA draft and fianl annual reports and draft and final comprehensive reports
ICR Summary of Burden
Total Approved
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
87
142
0
0
-55
0
Annual Time Burden (Hours)
26,410
20,456
0
0
5,954
0
Annual Cost Burden (Dollars)
361,575
1,361
0
0
360,214
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Adjustments in Burden NMFS has adjusted the total annual burden hours from the previous estimate of 20,456 to 26,410. The increase in burden hours is not due to a change in the requirements for an ITA, but instead reflects more realistic estimates of the current workload: (1) implementation of a more accurate accounting method of burden hours by surveying nine current ITA holders that represent the current demographic of applicants. (2) an increase in the number of applicants from the oil and gas industry and the increased complexity of conducting environmental analyses due to the: (a) level of controversy over the activity; (b) level and type of incidental take of marine mammals; and (c) level of unresolved questions involving the activity's long-term impact on marine mammals, habitat and/or subsistence needs for marine mammals. (3) an increase in the applicantsÂ’ workload to meet the requirements for environmental analyses under NEPA and the ESA; the requirements per se have not changed, but there is an increasing understanding of the quality of documentation needed to fulfill the requirements under the laws. Although there is a net decrease of only one respondent, there are actually 53 fewer responses estimated, as we now have a better process in place to account for responses. Adjustments in Cost NMFS has adjusted the total annual cost to the respondents from the previous estimate of $1,359 to $3,575. NMFS now has more applicants from the oil and gas industry seeking ITAs, as part of a net decrease of one respondent. While the average annualized expenses per response are approximately $4,000, these respondentsÂ’ expenditures are higher than a smaller organizationÂ’s costs, and may be as high as $100,000. NMFS also estimates the total annual cost burden in capital and start-up costs at $358,000 from the previous estimate of $0. This revised estimate is based upon polling representatives from the oil and gas industry and reflects the costs associated with meeting the requirements for monitoring and environmental analyses.
Annual Cost to Federal Government:
$322,000
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
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?
Uncollected
Agency Contact:
Jeannine Cody 301 713-2289
Common Form ICR:
No
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:
10/19/2010
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