24530 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 

responsible for management of the 

nation’s marine fisheries. Fishing 

vessels permitted to participate in 

Federally permitted fisheries in the 

Northeast are required to submit 

logbooks containing catch and effort 

information about their fishing trips. 

The information submitted is needed for 

the management of the fisheries. The 

only change to this collection is that all 

information collected is required to be 

submitted via electronic means. 

Affected Public: Individuals or 

households; Business or other for-profit 

organizations. 

Frequency: Per trip. 

Respondent’s Obligation: Mandatory. 

Legal Authority: Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1801 et seq.). 

This information collection request 

may be viewed at www.reginfo.gov. 

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 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 and 

entering either the title of the collection 

or the OMB Control Number 0648–0212. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2022–08836 Filed 4–25–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB976] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico, 

notification is hereby given that a Letter 

of Authorization (LOA) has been issued 

to Shell Offshore Inc. (Shell) for the take 

of marine mammals incidental to 

geophysical survey activity in the Gulf 

of Mexico. 

DATES: The LOA is effective from April 

21, 2022, through December 31, 2022. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: Any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in Federal waters of the 

U.S. Gulf of Mexico (GOM) over the 

course of 5 years (86 FR 5322; January 

19, 2021). The rule was based on our 

findings that the total taking from the 

specified activities over the 5-year 

period will have a negligible impact on 

the affected species or stock(s) of marine 

mammals and will not have an 

unmitigable adverse impact on the 

availability of those species or stocks for 

subsistence uses. The rule became 

effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

Summary of Request and Analysis 

Shell plans to conduct a 3D ocean 

bottom node (OBN) survey of 

approximately 62 lease blocks in 

Mississippi and De Soto Canyons, with 

approximate water depths ranging from 

1,700 to 2,400 meters (m). See Section 

F of the LOA application for a map of 

the area. 

Shell anticipates using a single source 

vessel, towing an airgun array consisting 

of 32 elements, with a total volume of 

5,110 cubic inches (in3). Please see 

Shell’s application for additional detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

Shell in its LOA request was used to 

develop LOA-specific take estimates 

based on the acoustic exposure 

modeling results described in the 

preamble (86 FR 5322, 5398; January 19, 


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1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 2For purposes of acoustic exposure modeling, 

seasons include Winter (December–March) and 

Summer (April–November). 

3The final rule refers to the GOM Bryde’s whale 

(Balaenoptera edeni). These whales were 

subsequently described as a new species, Rice’s 

whale (Balaenoptera ricei) (Rosel et al., 2021). 

2021). In order to generate the 

appropriate take number for 

authorization, the following information 

was considered: (1) Survey type; (2) 

location (by modeling zone 1); (3) 

number of days; and (4) season.2 The 

acoustic exposure modeling performed 

in support of the rule provides 24-hour 

exposure estimates for each species, 

specific to each modeled survey type in 

each zone and season. 

No 3D OBN surveys were included in 

the modeled survey types, and use of 

existing proxies (i.e., 2D, 3D NAZ, 3D 

WAZ, Coil) is generally conservative for 

use in evaluation of 3D OBN survey 

effort, largely due to the greater area 

covered by the modeled proxies. 

Summary descriptions of these modeled 

survey geometries are available in the 

preamble to the proposed rule (83 FR 

29212, 29220; June 22, 2018). Coil was 

selected as the best available proxy 

survey type in this case, because the 

spatial coverage of the planned survey 

is most similar to the coil survey 

pattern. The planned 3D OBN survey 

will involve a single source vessel 

sailing along closely spaced survey lines 

that are 100 m apart and approximately 

30 km in length. The path taken by the 

vessel to cover these lines will mean 

that consecutive survey lines sailed will 

be 400 m apart. The coil survey pattern 

was assumed to cover approximately 

144 kilometers squared (km2) per day 

(compared with approximately 795 km2, 

199 km2, and 845 km2 per day for the 

2D, 3D NAZ, and 3D WAZ survey 

patterns, respectively). Among the 

different parameters of the modeled 

survey patterns (e.g., area covered, line 

spacing, number of sources, shot 

interval, total simulated pulses), NMFS 

considers area covered per day to be 

most influential on daily modeled 

exposures exceeding Level B 

harassment criteria. Although Shell is 

not proposing to perform a survey using 

the coil geometry, its planned 3D OBN 

survey is expected to cover 

approximately 15.7 km2 per day, 

meaning that the coil proxy is most 

representative of the effort planned by 

Shell in terms of predicted Level B 

harassment exposures. 

In addition, all available acoustic 

exposure modeling results assume use 

of a 72-element, 8,000 in3 array. Thus, 

estimated take numbers for this LOA are 

considered conservative due to 

differences in both the airgun array (32 

elements, 5,110 in3) and the daily 

survey area planned by Shell (15.7 km2), 

as compared to those modeled for the 

rule. 

The survey will take place over 

approximately 70 days, including 60 

days of sound source operation. The 

survey plan includes 16 days within 

Zone 5 and 44 days within Zone 7. The 

seasonal distribution of survey days is 

not known in advance. Therefore, the 

take estimates for each species are based 

on the season that produces the greater 

value. 

Additionally, for some species, take 

estimates based solely on the modeling 

yielded results that are not realistically 

likely to occur when considered in light 

of other relevant information available 

during the rulemaking process regarding 

marine mammal occurrence in the 

GOM. Thus, although the modeling 

conducted for the rule is a natural 

starting point for estimating take, our 

rule acknowledged that other 

information could be considered (see, 

e.g., 86 FR 5322, 5442 (January 19, 

2021), discussing the need to provide 

flexibility and make efficient use of 

previous public and agency review of 

other information and identifying that 

additional public review is not 

necessary unless the model or inputs 

used differ substantively from those that 

were previously reviewed by NMFS and 

the public). For this survey, NMFS has 

other relevant information reviewed 

during the rulemaking that indicates use 

of the acoustic exposure modeling to 

generate a take estimate for certain 

marine mammal species produces 

results that are inconsistent with what 

is known regarding their occurrence in 

the GOM. Accordingly, we have 

adjusted the calculated take estimates 

for those species as described below. 

Rice’s whales (formerly known as 

GOM Bryde’s whales) 3 are generally 

found within a small area in the 

northeastern GOM in waters between 

100–400 m depth along the continental 

shelf break (Rosel et al., 2016). Whaling 

records suggest that Rice’s whales 

historically had a broader distribution 

within similar habitat parameters 

throughout the GOM (Reeves et al., 

2011; Rosel and Wilcox, 2014), and a 

NOAA survey reported observation of a 

Rice’s whale in the western GOM in 

2017 (NMFS, 2018). Habitat-based 

density modeling identified similar 

habitat (i.e., approximately 100–400 m 

water depths along the continental shelf 

break) as being potential Rice’s whale 

habitat (Roberts et al., 2016), although a 

‘‘core habitat area’’ defined in the 

northeastern GOM (outside the scope of 

the rule) contained approximately 92 

percent of the predicted abundance of 

Rice’s whales. See discussion provided 

at, e.g., 83 FR 29212, 29228, 29280 (June 

22, 2018); 86 FR 5322, 5418 (January 19, 

2021). 

Although it is possible that Rice’s 

whales may occur outside of their core 

habitat, NMFS expects that any such 

occurrence would be limited to the 

narrow band of suitable habitat 

described above (i.e., 100–400 m). 

Shell’s planned activities will occur in 

water depths of approximately 1,700– 

2,400 m in the central GOM. Thus, 

NMFS does not expect there to be the 

reasonable potential for take of Rice’s 

whale in association with this survey 

and, accordingly, does not authorize 

take of Rice’s whale through this LOA. 

Killer whales are the most rarely 

encountered species in the GOM, 

typically in deep waters of the central 

GOM (Roberts et al., 2015; Maze-Foley 

and Mullin, 2006). The approach used 

in the acoustic exposure modeling, in 

which seven modeling zones were 

defined over the U.S. GOM, necessarily 

averages fine-scale information about 

marine mammal distribution over the 

large area of each modeling zone. NMFS 

has determined that the approach can 

result in unrealistic projections 

regarding the likelihood of encountering 

killer whales. 

As discussed in the final rule, the 

density models produced by Roberts et 

al. (2016) provide the best available 

scientific information regarding 

predicted density patterns of cetaceans 

in the U.S. GOM. The predictions 

represent the output of models derived 

from multi-year observations and 

associated environmental parameters 

that incorporate corrections for 

detection bias. However, in the case of 

killer whales, the model is informed by 

few data, as indicated by the coefficient 

of variation associated with the 

abundance predicted by the model 

(0.41, the second-highest of any GOM 

species model; Roberts et al., 2016). The 

model’s authors noted the expected 

non-uniform distribution of this rarelyencountered species (as discussed 

above) and expressed that, due to the 

limited data available to inform the 

model, it ‘‘should be viewed cautiously’’ 

(Roberts et al., 2015). 

NOAA surveys in the GOM from 

1992–2009 reported only 16 sightings of 

killer whales, with an additional three 

encounters during more recent survey 

effort from 2017–18 (Waring et al., 2013; 

www.boem.gov/gommapps). Two other 

species were also observed on less than 

20 occasions during the 1992–2009 


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4However, note that these species have been 

observed over a greater range of water depths in the 

GOM than have killer whales. 

NOAA surveys (Fraser’s dolphin and 

false killer whale 4). However, 

observational data collected by 

protected species observers (PSOs) on 

industry geophysical survey vessels 

from 2002–2015 distinguish the killer 

whale in terms of rarity. During this 

period, killer whales were encountered 

on only 10 occasions, whereas the next 

most rarely encountered species 

(Fraser’s dolphin) was recorded on 69 

occasions (Barkaszi and Kelly, 2019). 

The false killer whale and pygmy killer 

whale were the next most rarely 

encountered species, with 110 records 

each. The killer whale was the species 

with the lowest detection frequency 

during each period over which PSO data 

were synthesized (2002–2008 and 2009– 

2015). This information qualitatively 

informed our rulemaking process, as 

discussed at 86 FR 5322, 5334 (January 

19, 2021), and similarly informs our 

analysis here. 

The rarity of encounter during seismic 

surveys is not likely to be the product 

of high bias on the probability of 

detection. Unlike certain cryptic species 

with high detection bias, such as Kogia 

spp. or beaked whales, or deep-diving 

species with high availability bias, such 

as beaked whales or sperm whales, 

killer whales are typically available for 

detection when present and are easily 

observed. Roberts et al. (2015) stated 

that availability is not a major factor 

affecting detectability of killer whales 

from shipboard surveys, as they are not 

a particularly long-diving species. Baird 

et al. (2005) reported that mean dive 

durations for 41 fish-eating killer whales 

for dives greater than or equal to 1 

minute in duration was 2.3–2.4 minutes, 

and Hooker et al. (2012) reported that 

killer whales spent 78 percent of their 

time at depths between 0–10 m. 

Similarly, Kvadsheim et al. (2012) 

reported data from a study of four killer 

whales, noting that the whales 

performed 20 times as many dives to 1– 

30 m depth than to deeper waters, with 

an average depth during those most 

common dives of approximately 3 m. 

In summary, killer whales are the 

most rarely encountered species in the 

GOM and typically occur only in 

particularly deep water. While this 

information is reflected through the 

density model informing the acoustic 

exposure modeling results, there is 

relatively high uncertainty associated 

with the model for this species, and the 

acoustic exposure modeling applies 

mean distribution data over areas where 

the species is in fact less likely to occur. 

NMFS’ determination in reflection of 

the data discussed above, which 

informed the final rule, is that use of the 

generic acoustic exposure modeling 

results for killer whales would result in 

high estimated take numbers that are 

inconsistent with the assumptions made 

in the rule regarding expected killer 

whale take (86 FR 5322, 5403; January 

19, 2021). 

In past authorizations, NMFS has 

often addressed situations involving the 

low likelihood of encountering a rare 

species such as killer whales in the 

GOM through authorization of take of a 

single group of average size (i.e., 

representing a single potential 

encounter). See 83 FR 63268, December 

7, 2018. See also 86 FR 29090, May 28, 

2021; 85 FR 55645, September 9, 2020. 

For the reasons expressed above, NMFS 

determined that a single encounter of 

killer whales is more likely than the 

model-generated estimates and has 

authorized take associated with a single 

killer whale group encounter (i.e., up to 

7 animals). 

Based on the results of our analysis, 

NMFS has determined that the level of 

taking authorized through the LOA is 

consistent with the findings made for 

the total taking allowable under the 

regulations. See Table 1 in this notice 

and Table 9 of the rule (86 FR 5322; 

January 19, 2021). 

Small Numbers Determination 

Under the GOM rule, NMFS may not 

authorize incidental take of marine 

mammals in an LOA if it will exceed 

‘‘small numbers.’’ In short, when an 

acceptable estimate of the individual 

marine mammals taken is available, if 

the estimated number of individual 

animals taken is up to, but not greater 

than, one-third of the best available 

abundance estimate, NMFS will 

determine that the numbers of marine 

mammals taken of a species or stock are 

small. For more information please see 

NMFS’ discussion of the MMPA’s small 

numbers requirement provided in the 

final rule (86 FR 5322, 5438; January 19, 

2021). 

The take numbers for authorization 

are determined as described above in 

the Summary of Request and Analysis 

section. Subsequently, the total 

incidents of harassment for each species 

are multiplied by scalar ratios to 

produce a derived product that better 

reflects the number of individuals likely 

to be taken within a survey (as 

compared to the total number of 

instances of take), accounting for the 

likelihood that some individual marine 

mammals may be taken on more than 

one day (see 86 FR 5322, 5404; January 

19, 2021). The output of this scaling, 

where appropriate, is incorporated into 

an adjusted total take estimate that is 

the basis for NMFS’ small numbers 

determination, as depicted in Table 1. 

This product is used by NMFS in 

making the necessary small numbers 

determination, through comparison 

with the best available abundance 

estimates (see discussion at 86 FR 5322, 

5391; January 19, 2021). For this 

comparison, NMFS’ approach is to use 

the maximum theoretical population, 

determined through review of current 

stock assessment reports (SAR; 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information 

(https://seamap.env.duke.edu/models/ 

Duke/GOM/). For the latter, for taxa 

where a density surface model could be 

produced, we use the maximum mean 

seasonal (i.e., 3-month) abundance 

prediction for purposes of comparison 

as a precautionary smoothing of monthto-month fluctuations and in 

consideration of a corresponding lack of 

data in the literature regarding seasonal 

distribution of marine mammals in the 

GOM. Information supporting the small 

numbers determination is provided in 

Table 1. 

TABLE 1—TAKE ANALYSIS

Species Authorized 

take Scaled take 1 Abundance 2 Percent 

abundance 

Rice’s whale ..................................................................................................... 0 n/a 51 n/a 

Sperm whale .................................................................................................... 654 276.6 2,207 12.5 

Kogia spp ......................................................................................................... 3 290 106.3 4,373 2.4 

Beaked whales ................................................................................................ 3,915 395.4 3,768 10.5 


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1 44 U.S.C. 3501 et seq. 

TABLE 1—TAKE ANALYSIS—Continued 

Species Authorized 

take Scaled take 1 Abundance 2 Percent abundance 

Rough-toothed dolphin .................................................................................... 702 201.4 4,853 4.2 

Bottlenose dolphin ........................................................................................... 1,523 437.2 176,108 0.2 

Clymene dolphin .............................................................................................. 1,908 547.6 11,895 4.6 

Atlantic spotted dolphin ................................................................................... 604 173.5 74,785 0.2

Pantropical spotted dolphin ............................................................................. 14,099 4,046.5 102,361 4.0 

Spinner dolphin ................................................................................................ 1,328 381.1 25,114 1.5 

Striped dolphin ................................................................................................. 875 251.2 5,229 4.8 

Fraser’s dolphin ............................................................................................... 266 76.3 1,665 4.6 

Risso’s dolphin ................................................................................................. 427 125.9 3,764 3.3 

Melon-headed whale ....................................................................................... 1,241 366.1 7,003 5.2 

Pygmy killer whale ........................................................................................... 455 134.4 2,126 6.3 

False killer whale ............................................................................................. 579 170.9 3,204 5.3 

Killer whale ...................................................................................................... 7 n/a 267 2.6

Short-finned pilot whale ................................................................................... 222 65.6 1,981 3.3 

1Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers 

shown here. 2Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to 

be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was 

produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual 

abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used. 3 Includes 19 takes by Level A harassment and 271 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only; 

small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take. 

Based on the analysis contained 

herein of Shell’s proposed survey 

activity described in its LOA 

application and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the affected species 

or stock sizes and therefore is of no 

more than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for this LOA request is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

Shell authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: April 21, 2022. 

Catherine G. Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–08870 Filed 4–25–22; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Revise 

Collection Numbers 3038–0087: 

Reporting, Recordkeeping, and Daily 

Trading Records Requirements for 

Swap Dealers and Major Swap 

Participants 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) is 

announcing an opportunity for public 

comment on the proposed renewal of a 

collection of certain information by the 

agency. Under the Paperwork Reduction 

Act (‘‘PRA’’), Federal agencies are 

required to publish notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, and 

to allow 60 days for public comment. 

This notice solicits comments on the 

collections of information mandated by 

Commission regulations 23.201 through 

23.205 (Reporting, Recordkeeping, and 

Daily Trading Records Requirements 

For Swap Dealers and Major Swap 

Participants). 

DATES: Comments must be submitted on 

or before June 27, 2022. 

ADDRESSES: You may submit comments, 

identified by ‘‘OMB Control Number 

3038–0087’’ by any of the following 

methods: 

• The Agency’s website, at https://

comments.cftc.gov/. Follow the 

instructions for submitting comments 

through the website. 

• Mail: Christopher Kirkpatrick, 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

Mail above. 

Please submit your comments using 

only one method. All comments must be 

submitted in English, or if not, 

accompanied by an English translation. 

Comments will be posted as received to 

https://www.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Chapin, Associate Chief 

Counsel, Market Participants Division, 

Commodity Futures Trading 

Commission, (202) 418–5465, email: 

achapin@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA,1 Federal agencies must obtain 

approval from the Office of Management 

and Budget (‘‘OMB’’) for each collection 

of information they conduct or sponsor. 

‘‘Collection of Information’’ is defined 

in 44 U.S.C. 3502(3) and 5 CFR 1320.3 

and includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA, 44 U.S.C. 

3506(c)(2)(A), requires Federal agencies 

to provide a 60-day notice in the 

Federal Register concerning each 

proposed collection of information, 


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