60 day FRN

0648-0411 60-day 87 FR 56635 2022-0915.pdf

Paperwork Submissions Under the Coastal Zone Management Act Federal Consistency Requirements

60 day FRN

OMB: 0648-0411

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Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices

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extensive information exchanges with
NMFS, Dominion Energy submitted a
revised application on August 9, 2022
that we determined was adequate and
complete on August 12, 2022. Dominion
Energy requested the regulations and
subsequent 5-year Letter of
Authorization (LOA) be valid from
March 4, 2024 through March 3, 2029.
Dominion Energy plans to conduct
the following activities associated with
the wind farm construction: vibratory
and impact installation of wind turbine
generators (WTG) monopiles
foundations and offshore substation
(OSS) jacket foundations; temporary use
of goal posts to guide installation
activities during the trenchless
installation by impact pile driving;
vibratory installation and removal of
temporary cofferdams using sheet piles
at the sea-to-shore transitions; site
characterization surveys using a range of
frequencies; placement of scour
protection; and export cable trenching,
laying, and burial. Vessels will be used
to transport crew, supplies, and
materials to the project area and to
support pile installation. A subset of
these activities (i.e., installing piles
using impact and vibratory pile driving;
site characterization surveys) may result
in the take, by Level A harassment and
Level B harassment, of marine
mammals. Therefore, Dominion Energy
requests authorization to incidentally
take marine mammals.
Specified Activities
In Executive Order 14008, President
Biden stated that it is the policy of the
United States to organize and deploy the
full capacity of its agencies to combat
the climate crisis to implement a
Government-wide approach that
reduces climate pollution in every
sector of its economy; increases
resilience to the impacts of climate
change; protects public health;
conserves our lands, water, and
biodiversity; delivers environmental
justice; and spurs well-paying union
jobs and economic growth, especially
through innovation, commercialization,
and deployment of clean energy
technologies and infrastructure.
Furthermore, this project would directly
support the goals of the Virginia Clean
Economy Act passed by the Virginia
General Assembly in 2020, which
supports the development of clean and
reliable offshore wind energy to be
developed by 2028 and consist of
approximately 2,500 to 3,000 MW of
energy.
Through a competitive leasing process
under 30 CFR 585.211, Dominion
Energy was awarded Commercial Lease
OCS–A 0483 offshore of Virginia and

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the exclusive right to submit a
construction and operations plan (COP)
for activities within the lease area.
Dominion Energy submitted a COP to
BOEM proposing the construction,
operation, maintenance, and conceptual
decommissioning of the CVOW–C
project, a 2,500 to 3,000 megawatt (MW)
commercial-scale offshore wind energy
facility with a Lease Area covering
approximately 112,799 acres (456.48
km2) and located 27 nautical miles (50
km) off of the coastline of Virginia
Beach. Per the ITA application, CVOW–
C would consist of up to 205 WTGs with
associated monopile foundations, up to
three OSSs with associated jacket
foundations, and one transmission
cable-to-shore.
Dominion Energy anticipates that
activities potentially resulting in the
take of marine mammals could occur for
the life of the requested 5-year
Incidental Take Regulation (ITR) and
associated Letter of Authorization
(LOA). This includes:
• Several construction-related highresolution site assessment geophysical
surveys using acoustic sources <180
kilohertz (kHz) for up to 1,108 days
during all 5 years (with varying effort
based on survey year);
• The installation of up to 205 WTGs
monopile foundations; each foundation
would be a tapered (i.e., one end has a
larger diameter than the other end) 7.5/
9.5-meter (m) pile by vibratory and
impact pile driving;
• The installation of up to three OSSs
jacket foundations using four pin piles
(2.8-m) each by vibratory and impact
pile driving;
• The installation and removal of up
to nine temporary cofferdams using
steel sheet piles by vibratory pile
driving at the offshore nearshore
trenchless installation punch-out for the
burial of the direct pipe west of the
firing range at the State Military
Reservation in Virginia Beach; and,
• The installation of temporary goal
posts (i.e., a steel support structure to
support the direct pipe installation).
We note that Dominion Energy is not
requesting take incidental to the
detonation of munitions and explosives
of concern or unexploded ordnances
(MEC/UXOs) during the effective period
of the regulation.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Dominion Energy’s
request (see ADDRESSES). NMFS will
consider all information, suggestions,
and comments related to the request
during the development of proposed
regulations governing the incidental

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taking of marine mammals by Dominion
Energy, if appropriate.
Dated: September 12, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–19964 Filed 9–14–22; 8:45 am]
BILLING CODE 3510–22–P

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
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:

The Department of
Commerce, 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 November 14, 2022.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at NOAA.PRA@noaa.gov. Please
reference OMB Control Number 0648–
0411 in the subject line of your
comments. 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 David
Kaiser, Senior Policy Analyst, Office for
Coastal Management, National Ocean
Service, 246 Gregg Hall, 35 Colovos
Road, Durham, NH 03824–3534, 603–
862–2719 or David.Kaiser@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
This notice and request for public
comment is for a request to extend a

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56636

Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices

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
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 NOAAapproved 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

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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

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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 federal
consistency regulations. Required
information is case-specific and not
submitted by form. Methods of
submittal 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 the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
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,

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Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–19998 Filed 9–14–22; 8:45 am]
BILLING CODE 3510–08–P

DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Science Board; Notice of
Federal Advisory Committee Meeting
Under Secretary of Defense for
Research and Engineering, Department
of Defense (DoD).
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:

The DoD is publishing this
notice to announce that the following
Federal Advisory Committee meeting of
the Defense Science Board (DSB) will
take place.
DATES: Closed to the public Wednesday,
September 14, 2022 from 8 a.m. to 5
p.m. Closed to the public Thursday,
September 15, 2022 from 8 a.m. to 4
p.m. Closed to the public Friday,
September 16, 2022 from 10 a.m. to 4:15
p.m.
ADDRESSES: The address of the closed
meeting is the Executive Conference
Center, 4075 Wilson Blvd., Floor 3,
Arlington, VA 22203 on September 14–
15, 2022 and 3140 Defense Pentagon,
Room 2A528 on September 16, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Kevin Doxey, (703) 571–0081 (Voice),
(703) 697–1860 (Facsimile),
kevin.a.doxey.civ@mail.mil (Email).
Mailing address is Defense Science
Board, 3140 Defense Pentagon, Room
2A528, Washington, DC 20301–3140.
Website: http://www.acq.osd.mil/dsb/.
The most up-to-date changes to the
meeting agenda can be found on the
website.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of the Federal Advisory
Committee Act (FACA) (title 5 United
States Code (U.S.C.), appendix), the
Government in the Sunshine Act (title 5
U.S.C., section 552b), and title 41 Code

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SUMMARY:

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of Federal Regulations (CFR), sections
102–3.140 and 102–3.150.
Due to circumstances beyond the
control of the Designated Federal
Officer, the Defense Science Board was
unable to provide public notification
required by 41 CFR 102–3.150(a)
concerning its September 14–16, 2022
meeting. Accordingly, the Advisory
Committee Management Officer for the
Department of Defense, pursuant to 41
CFR 102–3.150(b), waives the 15calendar day notification requirement.
Purpose of the Meeting: The mission
of the DSB is to provide independent
advice and recommendations on matters
relating to the DoD’s scientific and
technical enterprise. The objective of
the meeting is to obtain, review, and
evaluate classified information related
to the DSB’s mission. DSB membership
will meet to discuss the 2022 DSB
Summer Study on Technology
Superiority (‘‘the Summer Study’’).
Agenda: The DSB meeting on the
Summer Study will begin on September
14, 2022 at 8 a.m. with administrative
opening remarks from Mr. Kevin Doxey,
the Executive Director and Designated
Federal Officer, and a classified
overview of the objectives of the
Summer Study from Dr. Eric Evans, the
DSB Chair. Next, the DSB members will
meet in a plenary session to discuss
classified concepts, capabilities, and
strategies that may enhance the military
technological advantage of the United
States. Following a break, the DSB
members will continue to meet to
discuss classified concepts, capabilities,
and strategies that may enhance the
military technological advantage of the
United States. Following a break, the
DSB members will continue their
discussion in breakout groups. The
meeting will adjourn at 5 p.m. On
September 15, 2022, beginning at 8 a.m.,
the DSB members will again meet to
discuss classified concepts, capabilities,
and strategies that may enhance the
military technological advantage of the
United States. Following a break, the
DSB members will meet in a plenary
session to discuss classified concepts,
capabilities, and strategies that may
enhance the military technological
advantage of the United States.
Following a break, the DSB members
will continue to meet in a plenary
session to discuss classified concepts,
capabilities, and strategies that may
enhance the military technological
advantage of the United States, will
continue this discussion in breakout
groups, and finally will meet in plenary
to continue to discuss classified
concepts, capabilities, and strategies
that may enhance the military
technological advantage of the United

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States. The meeting will adjourn at 4
p.m. On September 16, 2022, beginning
at 10 a.m., the DSB members will meet
to discuss classified concepts,
capabilities, and strategies that may
enhance the military technological
advantage of the United States.
Following a break, the DSB members
will meet with the Deputy Secretary of
Defense, the Honorable Kathleen Hicks,
to conduct a tabletop exercise in which
members deliberate on and respond to
various simulated and interactive
scenarios. DSB members will provide
findings and recommendations related
to options for strategic, operational, and
budgetary decisions that can be made to
protect and strengthen DoD interests.
The meeting will adjourn at 4:15 p.m.
Meeting Accessibility: In accordance
with section 10(d) of the FACA and 41
CFR 102–3.155, the DoD has determined
that the DSB meeting will be closed to
the public. Specifically, the Under
Secretary of Defense for Research and
Engineering, in consultation with the
DoD Office of the General Counsel, has
determined in writing that the meeting
will be closed to the public because it
will consider matters covered by 5
U.S.C. 552b(c)(1). The determination is
based on the consideration that it is
expected that discussions throughout
will involve classified matters of
national security concern. Such
classified material is so intertwined
with the unclassified material that it
cannot reasonably be segregated into
separate discussions without defeating
the effectiveness and meaning of the
overall meetings. To permit the meeting
to be open to the public would preclude
discussion of such matters and would
greatly diminish the ultimate utility of
the DSB’s findings and
recommendations to the Secretary of
Defense and to the Under Secretary of
Defense for Research and Engineering.
Written Statements: In accordance
with section 10(a)(3) of the FACA and
41 CFR 102–3.105(j) and 102–3.140,
interested persons may submit a written
statement for consideration by the DSB
at any time regarding its mission or in
response to the stated agenda of a
planned meeting. Individuals
submitting a written statement must
submit their statement to the DSB DFO
provided in the FOR FURTHER
INFORMATION CONTACT section at any
point; however, if a written statement is
not received at least three calendar days
prior to the meeting, which is the
subject of this notice, then it may not be
provided to or considered by the DSB
until a later date.

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