Incidental Take of Marine Mammals During Specified Activities (50 CFR 18.27 and 50 CFR 18, Subpart L)

Forms and Documents

Document Name	Status
1018-NEW SSA PR RIN 1018-BI09 (Subpart L - USCG) 10022024.docx Supporting Statement A	2024-10-02
RIN 1018-BI09 Attachment A - Burden Calculations 10022024.xlsx Supplementary Document	2024-10-02
50 CFR 18 Subpart J as of 09052024.pdf Supplementary Document	2024-10-02
16 USC 1361 et seq MMPA as of 01032024.pdf Supplementary Document	2024-10-02

IC Document Collections

IC ID	Document Title	Status
270398	Mitigation – Plan of Cooperation (50 CFR 18. §149)	New
270397	Mitigation – Requests for Exemption Waivers (50 CFR §18.149)	New
270396	Mitigation – 3rd Party Notifications (50 CFR §18.149)	New
270395	Mitigation – Interaction Plan (50 CFR §18.149)	New
270394	Notification of LOA Incident Report (50 CFR §18.148)	New
270393	In-season Monitoring – Observation Reports (50 CFR §18.150)	New
270392	In-season Monitoring – Activity Progress Reports (50 CFR §18.151)	New
270386	Incidental Take of Marine Mammals - Final Monitoring Report (50 CFR §18.151 and subpart L)	New
270385	Incidental Take of Marine Mammals - LOA Request (50 CFR §18.27(f) and subpart L)	New
270384	Incidental Take of Marine Mammals - Application for Regulations (50 CFR §18.27(d) and subpart L)	New

ICR Details

OMB Control No:	ICR Reference No: 202408-1018-003
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOI/FWS	Agency Tracking No: RIN 1018-BI09 (Proposed Rule)
Title: Incidental Take of Marine Mammals During Specified Activities (50 CFR 18.27 and 50 CFR 18, Subpart L)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/22/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	22	0
Time Burden (Hours)	325	0
Cost Burden (Dollars)	0	0

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Abstract: The Marine Mammal Protection Act (MMPA) of 1972, as amended (16 U.S.C. 1361 et seq.) imposed, with certain exceptions, a moratorium on the taking of marine mammals. Section 101(a)(5)(A) of the MMPA directs the Secretary of the Interior (Secretary) to allow, upon request by citizens of the United States, the taking of small numbers of marine mammals incidental to specified activities (other than commercial fishing) if the Secretary makes certain findings and prescribes specific regulations that, among other things, establish permissible methods of taking. Once the U.S. Fish and Wildlife Service (Service or we) issue specific regulations, applicants seeking to conduct activities must request a Letter of Authorization (LOA) for the specific activity and submit onsite monitoring reports and a final report of the activity to the Secretary. Procedural regulations outlining the requirements for the submission of a request are contained in 50 CFR 18.27. We request OMB approval of the specific regulations governing authorized incidental take of marine mammals activities as separate control numbers for each subpart to facilitate simultaneous rulemaking actions when we receive applications for ITR.

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Authorizing Statute(s): US Code: 16 USC 1361 et seq. Name of Law: Marine Mammal Protection Act of 1972
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1018-BI09	Proposed rulemaking	89 FR 88216	11/07/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
In-season Monitoring – Activity Progress Reports (50 CFR §18.151)
In-season Monitoring – Observation Reports (50 CFR §18.150)
Incidental Take of Marine Mammals - Application for Regulations (50 CFR §18.27(d) and subpart L)
Incidental Take of Marine Mammals - Final Monitoring Report (50 CFR §18.151 and subpart L)
Incidental Take of Marine Mammals - LOA Request (50 CFR §18.27(f) and subpart L)
Mitigation – 3rd Party Notifications (50 CFR §18.149)
Mitigation – Interaction Plan (50 CFR §18.149)
Mitigation – Plan of Cooperation (50 CFR 18. §149)
Mitigation – Requests for Exemption Waivers (50 CFR §18.149)
Notification of LOA Incident Report (50 CFR §18.148)

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ICR Summary of Burden

	Total Request	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	22	0	0	22	0	0
Annual Time Burden (Hours)	325	0	0	325	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a request for a new control number for the transfer of the burden (22 annual responses, 325 annual burden hours, and $0 annual cost burden) for the ICs in 50 CFR subpart L previously approved under OMB Control No. 1018-0070.

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Annual Cost to Federal Government: $115,672

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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Common Form ICR:  No

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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: 11/22/2024

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