Published 30-day Federal Register Notice (89 FR 17869)

1018-0171 30-day FRN MB Seasons 03122024 89FR17869.pdf

Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR Part 20

Published 30-day Federal Register Notice (89 FR 17869)

OMB: 1018-0171

Document [pdf]
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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
majority of cases, no attempt was made
to distinguish between angler values
associated with fishing for hatchery vs.
wild trout. This collection proposes a
random survey of licensed anglers
designed to elicit data sufficient to
estimate any differences in preferences
and values associated with fishing for
wild vs. hatchery trout. The data
generated through the proposed
information collection will provide
theoretically sound and statistically
defensible estimates of angler
experience values for use in gauging
required compensation levels for lost or
injured trout resources. For the current
collection, State-licensed angler
populations from three States are
included, focusing on three distinct
trout fishing regions of the United
States.
Legal and administrative justifications
for this collection can be found under
43 CFR part 11, Natural Resource
Damage Assessments, through the
authority of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended, (CERCLA; 42 U.S.C. 9601 et
seq.), and the Clean Water Act (CWA; 33
U.S.C. 1251–1376), which gives Federal
agencies authority to assess damages to
natural resources resulting from a
release of a hazardous substance or a
discharge of oil covered under CERCLA
or the CWA and to seek recovery for
those damages.
The proposed collection and
subsequent analysis will be used by the
Service and other NRDAR trustees to
improve methods used to properly
compensate trout anglers for fishery
injuries. The surveys will be designed to
support the estimation of the
appropriate ‘‘compensation ratio’’
between lost wild trout and hatchery
trout used in restoration activities. This
information will be used specifically by
economists and other analysts tasked
with assessing damages and scaling
restoration activities.
Further, while the primary goal of the
collection is limited to estimating the
appropriate compensation ratio between
wild and hatchery trout, valuation data
will also be collected to allow further
refinement of this ratio by area of the
Nation, type of water fished, type of
fishing gear used, and consumptive vs.
catch-and-release fishing, to allow
results to be applied in future NRDAR
cases across different geographies and
demographics.
This study includes a repeat contact
mail-back/electronic survey of a random
sample of licensed anglers drawn from
three representative U.S. States (yet to
be determined). We plan to contact a
total of 3,000 licensed anglers (1,000/

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State). Based on previous survey efforts
using similar methods, we expect an
average response rate of 40 percent
across the 3 States, yielding 1,200
completed responses. The total burden
for this one-time collection is estimated
to be 300 hours.
Mail/Online Follow-up Visitor Survey:
The current collection benefits from and
builds on a successful Minnesota (MN)
2021 survey instrument 2 which
incorporated a very similar structure,
length, and willingness to pay
elicitation question format. This MN
random household mail survey was
anticipated to have a 14-to-16 percent
response rate—typical for this type of
unsolicited random household survey.
The final response rate for the MN
survey was 21 percent, which was
considered very good given the
methodology and protocol used. This
response rate also reflects the interest
the general public has in the subject
matter. For the Service’s mail-back/
internet surveys, the population
(licensed anglers being asked about
fishing) is much more targeted and
engaged than the population for general
random household surveys. The
potential respondents are already
engaged in the activity being surveyed,
and, based on previous National Park
Service (NPS) research that the project
team has been involved in, are
predisposed to cooperate with the
survey effort. For this reason and based
on the NPS visitor Socioeconomic
Monitoring Program (SEM) mail-back
response rates, it is anticipated that
response rates for the Service’s mailback/online survey will be 40 percent.
Assuming a 40 percent response rate
(n=1,200; 400/State) with a completion
time of 15 minutes, the mail-back/
online survey will result in a total
burden of 300 hours.
Title of Collection: Improving Our
Understanding of How Trout Anglers
Differ in Their Valuations Between Wild
and Hatchery Trout.
OMB Control Number: 1018–New.
Form Number: None.
Type of Review: New.
Respondents/Affected Public:
Individuals/households (licensed
anglers drawn from three representative
U.S. States).
2 The Minnesota survey and associated report
were prepared for: Western Transportation Institute,
College of Engineering, Montana State University
and Nevada Department of Transportation NAS–
NRC, for the following larger project: Wildlife
Vehicle Collision (WVC) Reduction and Habitat
Connectivity Task 1—Cost Effective Solutions
Transportation Pooled-Fund Project TPF–5(358)
(Administered by: Nevada Department of
Transportation).

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17869

Total Estimated Number of Annual
Respondents: 1,200 (400 respondents
from 3 States).
Total Estimated Number of Annual
Responses: 1,200.
Estimated Completion Time per
Response: 15 minutes.
Total Estimated Number of Annual
Burden Hours: 300.
Respondent’s Obligation: Voluntary.
Frequency of Collection: One time.
Total Estimated Annual Nonhour
Burden Cost: None.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2024–05185 Filed 3–11–24; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–MB–2024–N005;
FXMB1231099BPP0–245–FF09M32000;
OMB Control Number 1018–0171]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget;
Establishment of Annual Migratory
Bird Hunting Seasons
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing to revise a
currently approved information
collection.

SUMMARY:

Interested persons are invited to
submit comments on or before April 11,
2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of publication
of this notice at https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. Please
provide a copy of your comments to the
Service Information Collection
Clearance Officer, U.S. Fish and
DATES:

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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices

Wildlife Service, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, VA
22041–3803 (mail); or by email to Info_
Coll@fws.gov. Please reference ‘‘1018–
0171’’ in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this information collection request
(ICR), contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
Coll@fws.gov, or by telephone at (703)
358–2503. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 and 5 CFR
1320.8(d)(1), we provide the general
public and other Federal agencies with
an opportunity to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
On November 20, 2023, we published
in the Federal Register (88 FR 80745) a
notice of our intent to request that OMB
approve this information collection. In
that notice, we solicited comments for
60 days, ending on January 19, 2024. In
an effort to increase public awareness
of, and participation in, our public
commenting processes associated with
information collection requests, the
Service also published the Federal
Register notice on Regulations.gov
(Docket No. FWS–HQ–MB–2023–0211),
to provide the public with an additional
method to submit comments (in
addition to the typical U.S. mail
submission methods). We received two
comments in response to that notice
which did not address the information
collection requirements. No response to
those comments is required.
In addition to soliciting public
comments on the information collection
requirements in the Federal Register
notice, we consult annually with State
and Tribal governments annually and
on an ongoing basis throughout the
rulemaking process. The Service
publishes a series of proposed and final
rulemaking documents for the

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establishment of the upcoming annual
hunting seasons. Follow-up Federal
Register publications discuss and
propose the frameworks for the
upcoming season migratory bird
hunting regulations. Comments and
recommendations are summarized and
published as part of a follow-on
proposed rule.
In addition, we also conduct
consultation and outreach as part of this
process through the involvement of the
flyway councils. Acknowledging
regional differences in hunting
conditions, the Service has
administratively divided the Nation into
four flyways for the primary purpose of
managing migratory game birds. Each
flyway (Atlantic, Mississippi, Central,
and Pacific) has a flyway council, a
formal organization generally composed
of one member from each State and
Province in that flyway. The flyway
councils, established through the
Association of Fish and Wildlife
Agencies, also assist in researching and
providing migratory game bird
management information for Federal,
State, and provincial governments, as
well as private conservation entities and
the general public.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, 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

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publicly available at any time. While
you can 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.
Abstract: Migratory game birds are
those bird species so designated in
conventions between the United States
and several foreign nations for the
protection and management of these
birds. Under the Migratory Bird Treaty
Act (16 U.S.C. 703–712), the Secretary
of the Interior is authorized to
determine when ‘‘hunting, taking,
capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any such bird, or
any part, nest, or egg’’ of migratory game
birds can take place, and to adopt
regulations for this purpose. These
regulations are written after giving due
regard to ‘‘the zones of temperature and
to the distribution, abundance,
economic value, breeding habits, and
times and lines of migratory flight of
such birds’’ (16 U.S.C. 704(a)) and are
updated annually. This responsibility
has been delegated to the Service as the
lead Federal agency for managing and
conserving migratory birds in the
United States. However, migratory bird
management is a cooperative effort of
State, Tribal, and Federal governments.
Migratory game bird hunting seasons
provide opportunities for recreation and
sustenance; aid Federal, State, and
Tribal governments in the management
of migratory game birds; and permit
harvests at levels compatible with
migratory game bird population status
and habitat conditions.
The Service develops migratory game
bird hunting regulations by establishing
the frameworks, or outside limits, for
season dates, season lengths, shooting
hours, bag and possession limits, and
areas where migratory game bird
hunting may occur. Acknowledging
regional differences in hunting
conditions, the Service has
administratively divided the Nation into
four flyways for the primary purpose of
managing migratory game birds. Each
flyway (Atlantic, Mississippi, Central,
and Pacific) has a flyway council, a
formal organization generally composed
of one member from each State and in
that flyway. The flyway councils,
established through the Association of
Fish and Wildlife Agencies, also assist
in researching and providing migratory
game bird management information for
Federal, State, provincial, and Tribal
governments, as well as private
conservation entities and the general
public.
The information identified below,
solicited annually from State (including

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U.S. territory) governments, is necessary
to establish annual migratory bird
hunting seasons. The required
information, received at various times in
the year prior to the actual hunting
season as part of the rulemaking process
described above, is used by the Service
as part of the final rulemaking process
necessary to open annual hunting
seasons otherwise closed by law.
1. Information Requested from States
and U.S. Territories to Establish Annual
Migratory Bird Hunting Seasons—State
and U.S. territory governments that
wish to establish annual migratory game
bird hunting seasons are required to
provide the requested dates and other
details for hunting seasons in their
respective States or Territories. The
information is provided to the Service
in a non-form format, usually via letter
or spreadsheet, in response to
solicitations for the information sent to
the State governments each year via an
emailed letter and as part of the first
final rule (for the frameworks).
2. Reports (50 CFR part 20)—The
following reports are requested from the
States and are submitted either annually
or every 3 years as explained in the
following text. (Note: Below, we have
annotated changes, if any, to the
reporting requirements since OMB’s last
approval.)
a. Reports from Experimental Hunting
Seasons and Season Structure Changes
(Required):
i. Atlantic Flyway Council:
• Delaware—Experimental tundra
swan season (yearly updates and final
report). (Removed—completed.)
• Connecticut, Maryland, North
Carolina, and Virginia—Evaluation of
the two zone and three segment duck
season zone-split configuration,
including impacts on hunter dynamics
(e.g., hunter numbers, satisfaction) and
harvest during the 2021–25 seasons
(final report for each State). (New.)
ii. Mississippi Flyway Council:
• Alabama—Experimental sandhill
crane season (yearly updates and final
report). (Removed—completed.)
• Minnesota—Experimental early teal
season (yearly updates and final report).
• Louisiana—Evaluation of the two
zone and three segment duck season
zone-split configuration, including
impacts on hunter dynamics (e.g.,
hunter numbers, satisfaction) and
harvest during the 2021–25 seasons
(final report). (New.)
iii. Central Flyway Council:
• New Mexico—Sandhill crane
season in Estancia Valley (yearly
updates and final report). Now
operational—Annual data are still
required, but there is not a final report,
since this monitoring will occur in

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perpetuity (or as long as the State has
that hunt area). (Removed—experiment
completed; moved to State-specific,
below.)
• South Dakota and Nebraska—
Experimental two-tier hunting
regulations study per the terms of the
study plan and memorandum of
agreement among these States and the
Service (yearly updates and final
report).
• Wyoming—Split (three-way) season
for Canada geese (final report only).
(Removed—completed.)
iv. Pacific Flyway Council:
• California—Split (three-way) season
for white-fronted geese (final report
only). (Removed—completed.)
• Idaho—Experimental swan season
(yearly updates and final report).
(Removed—completed.)
v. Additional State-Specific Annual
Reports:
• Arizona—Sandhill crane season
harvest and subspecies composition (3year intervals).
• New Mexico—Sandhill crane
season harvest and subspecies
composition in Estancia Valley (yearly).
(Revised—relocated from Central
Flyway Council experimental reports
above.)
• Delaware, North Carolina, and
Virginia—Tundra swan season hunter
participation and harvest (yearly).
(Revised to add Delaware.)
• Montana (Central Flyway portion),
North Dakota, and South Dakota—
Tundra swan season hunter
participation and harvest (yearly).
(Revised—relocated Montana and South
Dakota to separate bullet, below.)
• Montana (Central Flyway portion)
and South Dakota—Swan season hunter
participation, harvest, species
composition, and hunter compliance
rates in providing species-determinant
parts or bill measurements of harvested
swans for species identification (yearly).
(Revised.)
• Idaho, Montana (Pacific Flyway
Portion), Utah, and Nevada—Swan
season hunter participation, harvest,
species composition, and hunter
compliance rates in providing speciesdeterminant parts or bill measurements
of harvested swans for species
identification (yearly). (Revised to add
Idaho and Montana.)
Reports and monitoring are used for a
variety of reasons. Some are used to
monitor species composition of the
harvest for those areas where species
intermingling can confound harvest
management, and potential overharvest
of one species can be of management
concern. Others are used to determine
overall harvest for those species and/or
areas that are not sampled well by our

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17871

overall harvest surveys due to either the
limited nature/area of the hunt or
season, or where the harvest requires
close monitoring. Experimental season
reports are used to determine whether
the experimental season is achieving its
intended goals and objectives, without
causing unintended harm to other
species and ultimately whether the
experimental season should proceed to
operational status. Most experimental
seasons are 3-year trials with yearly
reports and a final report. Most of the
other reports and monitoring are
conducted either annually or at 3-year
intervals.
Proposed Revisions
1. (REVISION) Submissions of Tribal
Proposals—Under the regulations in the
Service’s September 1, 2023, final rule
(RIN 1018–BF64; 88 FR 60375), we
removed the requirement that Tribes
annually submit their proposed
migratory game bird hunting regulations
(and associated monitoring, anticipated
harvest, and capabilities for regulation
development and enforcement) for our
review and approval. We also will no
longer publish special Tribal migratory
game bird hunting regulations in the
Federal Register (i.e., a proposed and
final rule). The regulations set forth in
the September 1, 2023, final rule
adopted elements of our guidelines in
use since 1985 for establishing special
migratory game bird hunting regulations
on Federal Indian reservations
(including off-reservation trust lands)
and ceded lands. Tribes that comply
with these regulations will be
authorized to independently establish
special Tribal migratory bird hunting
regulations. However, if circumstances
change and data indicates migratory
game bird populations are substantially
declining or Tribal hunting increases
significantly, we will reevaluate the
regulations at 50 CFR 20.110.
By allowing Tribes to independently
establish special migratory bird hunting
regulations, the Service recognizes
Tribal sovereignty to exercise reserved
hunting rights and, for some Tribes,
recognizes Tribal authority to regulate
hunting by both Tribal and non-Tribal
members on their reservations. The
September 1, 2023, final rule extended
to Tribes with reserved hunting rights
the same autonomy as the States to
independently establish migratory game
bird hunting seasons for non-Tribal
members within annually established,
biologically appropriate Federal outside
limits. As an alternative to promulgating
special Tribal migratory game bird
hunting regulations, Tribes may choose
to observe the hunting regulations
established by the State or States in

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which the reservations are located. We
coordinated with Tribes over the past 2
years via letters and four webinars as we
developed this new regulatory approach
for Tribal self- management of the
harvest, and we have received positive
feedback. The new system will reduce
the annual administrative burden on
both the Tribes and the Service to
propose, review, and publish special
migratory game bird hunting regulations
while continuing to sustain healthy
migratory game bird populations for
future generations.
2. (NEW) Requests for Consultation
(Tribes/States)—The new regulations in
the final rule (88 FR 60375, September
1, 2023) also may be applied to the
establishment of migratory game bird
hunting regulations for non-Tribal
members on all lands within the
reservations where Tribes have full
wildlife-management authority over
such hunting, or where the Tribes and
affected States otherwise have reached
agreements over hunting by non-Tribal
members on non-Indian lands within
the reservation. Tribes usually have the
authority to regulate migratory game
bird hunting by nonmembers on Indianowned reservation lands.
The question of jurisdiction is more
complex on reservations that include
lands owned by non-Indians, especially
when the surrounding States have
established or intend to establish
regulations governing migratory game
bird hunting by non-Indians on these
lands. In those cases, we encourage the
Tribes and States to reach agreement on
regulations that would apply throughout
the reservations. When appropriate, we
will consult with a Tribe and State with
the aim of facilitating an accord. We
also will consult jointly with Tribal and
State officials in the affected States
where Tribes may wish to establish
special migratory game bird hunting
regulations for Tribal members on ceded
lands.
It is incumbent upon the Tribe and/
or the State to request consultation. We
will not presume to make a
determination, without being advised by
either a Tribe or a State, that any issue
is or is not worthy of formal
consultation. Tribal and State requests
for consultation with the Service should
be sent to the Service’s Assistant
Director for the Migratory Bird Program.
We note that our guidance on resolving
issues of concern between Tribes and
States on reservations and ceded lands
is the same guidance we provided under
the previous Tribal regulation process.
3. (NEW) Requests for Experimental
Seasons (Tribes)—We will continue to
consult with Tribes that wish to reach
a mutual agreement (memorandum of

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understanding (MOU) or similar type of
formal agreement) on conducting shortterm (possibly several years)
experimental hunting seasons using
methods outside of the Federal hunting
methods at 50 CFR 20.21 for onreservation and ceded lands hunting by
Tribal members. The Tribal-memberonly experimental hunting season
would provide data and evaluation
criteria specified in an agreement for
consideration if a Tribe would like to
make the additional hunting method
operational. Tribes should send such
requests for consultation to the Service’s
Assistant Director for the Migratory Bird
Program at least 9 months before the
season or ceremony regarding hunting
methods outside of the Federal
regulations.
If any individual Tribe wishes to
make these additional experimental
hunting methods operational and the
Service agrees, the Service will conduct
rulemaking (using any data from the
experimental hunting season) to amend
50 CFR part 20 to allow Tribal members
to use these additional hunting
methods.
Starting with the 2023–24 hunting
season, annual Tribal hunting season
regulations will no longer be published
in the Federal Register, alleviating the
administrative burden to both the
Service and the Tribes of developing
special Tribal migratory bird hunting
regulation proposals, reviewing
proposals, and publishing Tribal
regulations as Federal regulations. This
process will not apply to seasons for
subsistence take of migratory birds in
Alaska.
Title of Collection: Establishment of
Annual Migratory Bird Hunting
Seasons, 50 CFR part 20.
OMB Control Number: 1018–0171.
Form Numbers: None.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public: State
and Tribal governments.
Total Estimated Number of Annual
Respondents: 52 (from State
governments and Territories).
Total Estimated Number of Annual
Responses: 78 (from 52 State and U.S.
Territories, as well as 26 additional
reports).
Estimated Completion Time per
Response: Varies from 1 hour to 650
hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 11,423.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: Annually.
Total Estimated Annual Non-hour
Burden Cost: None.

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An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2024–05188 Filed 3–11–24; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Geological Survey
[GX23DJ73UAC1000; OMB Control Number
1028–NEW]

Agency Information Collection
Activities: Science and Data for WaterHazards Response
U.S. Geological Survey,
Department of Interior.
ACTION: Notice of Information
Collection; request for comments
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(PRA), the U.S. Geological Survey
(USGS) is proposing a new information
collection.
DATES: Interested persons are invited to
submit comments on or before April 11,
2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Please provide a copy
of your comments by mail to USGS,
Information Collections Officer, 12201
Sunrise Valley Drive MS 159, Reston,
VA 20192 or by email to gs-info_
collections@usgs.gov. Please reference
OMB Control Number 1028–NEW
Science and Data for Water-Hazards in
the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this Information Collection Request
(ICR), contact Jennifer Rapp by email at
jrapp@usgs.gov or by telephone at 804–
261–2635. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
SUMMARY:

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