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
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Issuing agencies
Abstract
The National Oceanic and Atmospheric Administration, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites 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. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
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<title>Federal Register, Volume 91 Issue 75 (Monday, April 20, 2026)</title>
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[Federal Register Volume 91, Number 75 (Monday, April 20, 2026)]
[Notices]
[Pages 20981-20983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07619]
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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
AGENCY: National Oceanic & Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of information collection, request for comment.
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SUMMARY: The National Oceanic and Atmospheric Administration, in
accordance with the Paperwork Reduction Act of 1995 (PRA), invites 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. The purpose of this notice is to allow for 60 days of
public comment preceding submission of the collection to OMB.
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before June 22, 2026.
ADDRESSES: Interested persons are invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer, at <a href="/cdn-cgi/l/email-protection#cc82838d8de29c9e8d8ca2a3adade2aba3ba"><span class="__cf_email__" data-cfemail="b7f9f8f6f699e7e5f6f7d9d8d6d699d0d8c1">[email protected]</span></a>. Please
reference OMB Control Number 0648-0411 in the subject line of your
comments. All comments received are part of the public record and will
generally be posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. Do
not submit Confidential Business Information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
specific questions related to collection activities should be directed
to Kim Penn, Communities Program Manager, NOAA's Office for Coastal
Management, N/OCM, 1305 East West Highway, 10th Floor, Silver Spring,
MD 20910, (410) 701-0407, or <a href="/cdn-cgi/l/email-protection#054e6c682b55606b6b456b6a64642b626a73"><span class="__cf_email__" data-cfemail="03486a6e2d53666d6d436d6c62622d646c75">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Abstract
This notice and request for public comment is for a request to
extend a currently approved information collection made by the Office
for Coastal Management within the National Ocean Service of NOAA
pursuant to the requirements of Section 307 of the Coastal Zone
Management Act
[[Page 20982]]
(CZMA),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 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 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) annual Federal
appropriations that NOAA allocates to States to implement their
federally-approved CMPs; and (2) the CZMA requires Federal agencies,
non-Federal applicants for Federal licenses or permits, 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. The CZMA requires
the Secretary of Commerce to promulgate regulations as may be necessary
to carry out the provisions of the Act. 16 U.S.C. 1463. NOAA first
published a Final Rule in 1979 to provide the procedures to implement
the CZMA Federal consistency provision and published final rules in
2000 and 2006 updating the regulatory procedures. These procedures
provide the means for State CMPs, Federal agencies, and non-Federal
applicants to comply with the statutory requirements, including the
procedures available for a non-Federal applicant to appeal 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).
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 Executive Order 12372, or submitted directly to
the State CMP if the Federal financial assistance is listed in the
State CMP as subject to review. 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, outer
continental shelf (OCS) plan, or Federal financial assistance appeals
to the Secretary of Commerce for an override to a State CMP objection
to the issuance of the Federal license or permit, OCS plan, or award of
financial 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.
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 CMPs
to determine if Federal agency activities, Federal license or permit
activities, OCS plans, and Federal assistance activities that affect a
state's coastal zone are consistent with the State's CMP.
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, OCS plans, 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.
II. Method of Collection
Information is submitted pursuant to the procedural requirements of
the CZMA and its implementing regulations. Required information is
case-specific and not submitted by form. Methods of submission include
email and mail.
III. Data
OMB Control Number: 0648-0411.
Form Number(s): None.
Type of Review: Regular submission (extension of a current
information collection).
Affected Public: State, local, or tribal government; Federal
government; business or other for-profit organizations; individuals or
households.
Estimated Number of Respondents: 2,334.
Estimated Time per Response: Applications, certifications, and
state 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.
Estimated Total Annual Burden Hours: 35,799.
Estimated Total Annual Cost to Public: $37 in recordkeeping and
reporting costs.
Respondent's Obligation: Required for the issuance of a Federal
license or permit, and award of Federal financial assistance.
Legal Authority: 16 U.S.C. 1456.
IV. Request for Comments
We are soliciting public comments to permit NOAA to: (a) evaluate
whether the proposed information collection is necessary for the proper
functions of the agency, including whether the information will have
practical utility; (b) evaluate the accuracy of our estimate of the
time and cost burden for this proposed collection, including the
validity of the methodology and assumptions used; (c) evaluate ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) minimize the reporting burden on those who are to
respond, including the use of automated collection techniques or other
forms of information technology.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. Before including your address, phone
number, email address, or other personal identifying information in
your
[[Page 20983]]
comment, you should be aware that your entire comment--including your
personal identifying information--may be made publicly available at any
time.
Sheleen Dumas,
Departmental PRA Compliance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2026-07619 Filed 4-17-26; 8:45 am]
BILLING CODE 3510-08-P
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