Notice2023-00400
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Paperwork Submissions Under the Coastal Zone Management Act Federal Consistency Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 7 (Wednesday, January 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Notices]
[Pages 1561-1562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00400]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Paperwork Submissions Under the Coastal Zone Management Act
Federal Consistency Requirements
The Department of Commerce will submit the following information
collection request to the Office of Management and Budget (OMB) for
review and clearance in accordance with the Paperwork Reduction Act of
1995, on or after the date of publication of this notice. We invite the
general public and other Federal agencies to comment on proposed, and
continuing information collections, which helps us assess the impact of
our information collection requirements and minimize the public's
reporting burden. Public comments were previously requested via the
Federal Register on September 15, 2022 (87 FR 56635), during a 60-day
comment period. This notice allows for an additional 30 days for public
comments.
Agency: National Oceanic and Atmospheric Administration, Commerce.
Title: Paperwork Submissions Under the Coastal Zone Management Act
Federal Consistency Requirements.
OMB Control Number: 0648-0411.
Form Number(s): None.
Type of Request: Regular submission (extension of an existing
information collection).
Number of Respondents: 2,334.
Average Hours per Response: Applications/certifications and state
preparation of 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.
Total Annual Burden Hours: 35,779.
Needs and Uses: This is a request to extend a currently approved
information collection made by the Office for Coastal Management within
the National Ocean Service of the National Oceanic and Atmospheric
Administration pursuant to the requirements of Section 307 of the
Coastal Zone Management Act (16 U.S.C. 1456) and its implementing
regulations at 15 CFR part 930. Information collected pursuant to these
requirements is used by states to determine the consistency of proposed
[[Page 1562]]
federal actions with the enforceable policies of State coastal
management programs (CMPs), and by NOAA when deciding appeals to State
objections in the exercise of the review authority that the CZMA
provides.
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 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 routinely occurs by State CMPs
pursuant to the CZMA federal consistency review requirements. Federal
agencies proposing an action that may have reasonably foreseeable
effects to coastal uses or resources must provide a consistency
determination to affected states. The information requirements for
consistency determinations are specified at 15 CFR 930.39. Non-federal
applicants for federal licenses, permits and other forms of
authorization that are listed by state CMPs as subject to review, must
submit a statement certifying the consistency of the proposed activity
to state CMPs pursuant to 15 CFR 930.57 accompanied by the necessary
data and information specified at 15 CFR 930.58. Necessary data and
information includes a copy of the application for the Federal license
or permit; all material relevant to the State CMP provided to the
Federal agency in support of the license or permit request; a detailed
description of the proposed activity, its associated facilities and
coastal effects; information specifically identified in the State CMP;
and an evaluation that includes findings relating to the coastal
effects of the proposal and its associated facilities to the relevant
enforceable policies of the State CMP. For State and local agency
applicants for federal financial assistance, the application shall be
forwarded to the State CMP through the intergovernmental review process
established pursuant to E.O. 12372, or submitted directly to the State
CMP if the federal financial assistance is listed in the State CMP as
subject to review. See 15 CFR 930.94.
Information is provided to NOAA only when there is a State
objection to a proposed federal license or permit, or federal financial
assistance; when informal mediation is sought by a Federal agency or
State; or when an applicant for a federal license or permit, or federal
financial assistance appeals to the Secretary of Commerce for an
override to a State CMP objection to the issuance of the authorization,
or award of assistance. Last, in 1990, Congress required State CMPs to
provide for public participation in their permitting processes,
consistency determinations and similar decisions. See 16 U.S.C.
1455(d)(14). How the public participation requirement is met is
determined by each state with NOAA approval of the participation
process.
These submissions are intended to provide a reasonable, efficient,
and predictable means of complying with CZMA requirements. 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 developed for and during state reviews will also be
collected and considered by NOAA for appeals filed by non-federal
applicants seeking an override of state CZMA objections to federal
license or permit activities or Federal assistance activities.
There have been no changes to the information collection
requirements, their applicability or the methods of collection since
the previous Paperwork Reduction Act extension.
Affected Public: Federal and state agencies, federal license and
permit applicants, lessees under the Outer Continental Shelf Lands Act,
applicants for federal financial assistance to state and local
governments.
Frequency: With the state review process under the CZMA being part
of the federal decision-making process for proposed federal actions,
the reviews have the same frequency as other regulatory compliance
reviews.
Respondent's Obligation: Required to obtain or retain services or
benefits.
Legal Authority: 16 U.S.C. 1456, 15 CFR part 930.
This information collection request may be viewed at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. Follow the instructions to view the Department of
Commerce collections currently under review by OMB.
Written comments and recommendations for the proposed information
collection should be submitted within 30 days of the publication of
this notice on the following website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function and entering either the title of the collection or the OMB
Control Number 0648-0411.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information
Officer, Commerce Department.
[FR Doc. 2023-00400 Filed 1-10-23; 8:45 am]
BILLING CODE 3510-08-P
</pre></body>
</html>Indexed from Federal Register on January 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.