80_FR_15086 80 FR 15032 - Notice of Availability of Draft Environmental Assessment and Revised Multi-Species Habitat Conservation Plan; Receipt of Application for Incidental Take Permit Amendment; NiSource Inc.

80 FR 15032 - Notice of Availability of Draft Environmental Assessment and Revised Multi-Species Habitat Conservation Plan; Receipt of Application for Incidental Take Permit Amendment; NiSource Inc.

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range15032-15033
FR Document2015-06396

We, the U.S. Fish and Wildlife Service (Service), have received an application from NiSource Inc. and its subsidiary Columbia Pipeline Group (hereafter, NiSource), for an amendment to add the northern long-eared bat to its Endangered Species Act (ESA) incidental take permit (ITP). The application includes a revised Habitat Conservation Plan (HCP). The Service prepared an Environmental Assessment (EA). We request public comments on NiSource's revised HCP and our draft EA.

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015) 
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15032-15033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06396]



[[Page 15032]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2015-N035; FXES11120300000-156-FF03E00000]


Notice of Availability of Draft Environmental Assessment and 
Revised Multi-Species Habitat Conservation Plan; Receipt of Application 
for Incidental Take Permit Amendment; NiSource Inc.

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from NiSource Inc. and its subsidiary Columbia 
Pipeline Group (hereafter, NiSource), for an amendment to add the 
northern long-eared bat to its Endangered Species Act (ESA) incidental 
take permit (ITP). The application includes a revised Habitat 
Conservation Plan (HCP). The Service prepared an Environmental 
Assessment (EA). We request public comments on NiSource's revised HCP 
and our draft EA.

DATES: To ensure consideration, please send your written comments on or 
before April 20, 2015.

ADDRESSES: Document availability: The permit application and associated 
documents are available for review, subject to the requirements of the 
Privacy Act of 1974 (5 U.S.C. 552a) and Freedom of Information Act, by 
any of the following methods:
     Internet: You may access electronic copies on the Internet 
at http://www.fws.gov/midwest/endangered/permits/hcp/nisource/index.html.
     U.S. Mail: You may obtain electronic copies on CD-ROM by 
submitting a request in writing to the U.S. Fish and Wildlife Service 
within 30 days of the date of publication of this notice; see FOR 
FURTHER INFORMATION CONTACT.
     In-Person: Printed copies are available for public 
inspection and review (by appointment only), at the office listed under 
FOR FURTHER INFORMATION CONTACT.
    Submitting Comments: Send written comments via U.S. mail to the 
Regional Director, Midwest Region, Attn: Thomas Magnuson, U.S. Fish and 
Wildlife Service, Ecological Services, 5600 American Blvd. West, Suite 
990, Bloomington, MN 55437-1458, or by electronic mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Karen Herrington, NiSource MSHCP 
Coordinator, by U.S. mail at U.S. Fish and Wildlife Service, 360 
Pearson Ct., Saint Charles, MO 63304; or by phone at 612-713-5315.

SUPPLEMENTARY INFORMATION: We have received an application from 
NiSource for an amendment to its Endangered Species Act (ESA) 
incidental take permit (ITP), to add the northern long-eared bat. The 
application includes a revised HCP, developed to satisfy the criteria 
listed in section 10(a)(1)(B) of the ESA pertaining to issuance of 
incidental take permits. If NiSource has met these criteria, and its 
HCP and supporting information are statutorily complete, an amended 
incidental take permit that includes the northern long-eared bat will 
be issued. Issuances of ITPs by the Service are Federal actions subject 
to review under the National Environmental Policy Act (NEPA). To comply 
with NEPA, the Service prepared an EA, the purpose of which is to 
determine the significance of environmental impacts that could result 
from amending the NiSource ITP to include the northern long-eared bat, 
and through subsequent implementation of the revised NiSource HCP.
    We request public comments on NiSource's revised HCP and our draft 
EA. For availability of these documents, see ADDRESSES.
    NiSource, headquartered in Merrillville, Indiana, is engaged in 
natural gas transmission, storage, and distribution across the eastern 
United States. In September 2013, the Service issued NiSource an ITP 
for 10 federally listed species that occur in portions of its 14-State 
operating territory. The permit allows NiSource to incidentally take 
these species while operating and maintaining its interstate natural 
gas pipeline infrastructure. After issuance of the ITP, the Service 
proposed listing the northern long-eared bat (Myotis septentrionalis) 
under the ESA. The northern long-eared bat was not included in the 
original NiSource HCP.
    On January 13, 2015, the Service received an application from 
NiSource to have the northern long-eared bat added to its ITP. The 
application includes a revised HCP that provides an analysis of 
NiSource activities across its 14-State operating territory, which 
includes Delaware, Indiana, Kentucky, Louisiana, Maryland, Mississippi, 
New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, 
Virginia, and West Virginia. Northern long-eared bats are present in 
each of those 14 States. Based on the analysis in the revised HCP, 
certain NiSource activities (e.g., right-of-way maintenance, facility 
inspection, upgrade and replacement of pipelines, relocations, routine 
expansions, and mitigation) have the potential to impact the northern 
long-eared bat. In particular, two NiSource activities will potentially 
cause take of northern long-eared bats: (1) Tree clearing in known and 
suitable summer, spring staging, and fall swarming habitat, and (2) 
``waste pit'' construction in storage fields. NiSource mitigation 
directed at the Indiana bat will likely provide conservation benefits 
to the northern long-eared bat. The revised NiSource HCP identifies 
over 40 conservation measures that NiSource will implement in each of 
those 14 States to avoid, minimize, and mitigate potential impacts to 
northern long-eared bats. Beyond the ITP amendment request, there are 
no other changes to the NiSource HCP.
    Over the 49 year life of the permit, NiSource is requesting 
incidental take, primarily in the form of habitat harassment and harm, 
for no more than 93,500 acres of habitat that could support up to 4,618 
northern long-eared bats. After all practicable steps have been taken 
to avoid and minimize take, NiSource will fund mitigation projects to 
compensate for the impacts of its take. Such projects will include 
protecting high-quality northern long-eared bat habitats, restoring and 
protecting degraded northern long-eared bat habitat, and potentially 
establishing new habitat.
    The NEPA process will culminate with a decision by the Service's 
Regional Director on one of three alternatives found in Chapter 2 of 
the EA: (1) No Action (Status Quo); (2) Approve ITP Amendment Request 
(Applicant's Preferred Alternative); (3) Approve ITP Amendment Request 
with Conditions (Service's Preferred Alternative). Once an alternative 
is selected, the Regional Director will then decide whether issuance of 
an amended ITP to NiSource Inc., including subsequent implementation of 
its revised HCP, will significantly affect the quality of the human 
environment, as defined by the NEPA.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that the entire comment, including 
your personal identifying information, may be made available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from

[[Page 15033]]

public review, we cannot guarantee that we will be able to do so.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and 
under NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations 
(40 CFR 1506.6; 43 CFR part 46).

    Dated: February 18, 2015.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2015-06396 Filed 3-19-15; 8:45 am]
 BILLING CODE 4310-55-P

15032 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices DEPARTMENT OF THE INTERIOR Coordinator, by U.S. mail at U.S. Fish pipelines, relocations, routine and Wildlife Service, 360 Pearson Ct., expansions, and mitigation) have the Fish and Wildlife Service Saint Charles, MO 63304; or by phone potential to impact the northern long- [FWS–R3–ES–2015–N035; at 612–713–5315. eared bat. In particular, two NiSource FXES11120300000–156–FF03E00000] SUPPLEMENTARY INFORMATION: We have activities will potentially cause take of received an application from NiSource northern long-eared bats: (1) Tree Notice of Availability of Draft for an amendment to its Endangered clearing in known and suitable summer, Environmental Assessment and Species Act (ESA) incidental take spring staging, and fall swarming Revised Multi-Species Habitat permit (ITP), to add the northern long- habitat, and (2) ‘‘waste pit’’ construction Conservation Plan; Receipt of eared bat. The application includes a in storage fields. NiSource mitigation Application for Incidental Take Permit revised HCP, developed to satisfy the directed at the Indiana bat will likely Amendment; NiSource Inc. criteria listed in section 10(a)(1)(B) of provide conservation benefits to the the ESA pertaining to issuance of northern long-eared bat. The revised AGENCY: Fish and Wildlife Service, NiSource HCP identifies over 40 Interior. incidental take permits. If NiSource has met these criteria, and its HCP and conservation measures that NiSource ACTION: Notice of availability; request will implement in each of those 14 supporting information are statutorily for public comment. complete, an amended incidental take States to avoid, minimize, and mitigate permit that includes the northern long- potential impacts to northern long-eared SUMMARY: We, the U.S. Fish and eared bat will be issued. Issuances of bats. Beyond the ITP amendment Wildlife Service (Service), have received ITPs by the Service are Federal actions request, there are no other changes to an application from NiSource Inc. and subject to review under the National the NiSource HCP. its subsidiary Columbia Pipeline Group (hereafter, NiSource), for an amendment Environmental Policy Act (NEPA). To Over the 49 year life of the permit, to add the northern long-eared bat to its comply with NEPA, the Service NiSource is requesting incidental take, Endangered Species Act (ESA) prepared an EA, the purpose of which primarily in the form of habitat incidental take permit (ITP). The is to determine the significance of harassment and harm, for no more than application includes a revised Habitat environmental impacts that could result 93,500 acres of habitat that could Conservation Plan (HCP). The Service from amending the NiSource ITP to support up to 4,618 northern long-eared prepared an Environmental Assessment include the northern long-eared bat, and bats. After all practicable steps have (EA). We request public comments on through subsequent implementation of been taken to avoid and minimize take, NiSource’s revised HCP and our draft the revised NiSource HCP. NiSource will fund mitigation projects EA. We request public comments on to compensate for the impacts of its NiSource’s revised HCP and our draft take. Such projects will include DATES: To ensure consideration, please EA. For availability of these documents, protecting high-quality northern long- send your written comments on or see ADDRESSES. eared bat habitats, restoring and before April 20, 2015. NiSource, headquartered in protecting degraded northern long-eared ADDRESSES: Document availability: The Merrillville, Indiana, is engaged in bat habitat, and potentially establishing permit application and associated natural gas transmission, storage, and new habitat. documents are available for review, distribution across the eastern United The NEPA process will culminate subject to the requirements of the States. In September 2013, the Service with a decision by the Service’s Privacy Act of 1974 (5 U.S.C. 552a) and issued NiSource an ITP for 10 federally Regional Director on one of three Freedom of Information Act, by any of listed species that occur in portions of alternatives found in Chapter 2 of the the following methods: its 14-State operating territory. The EA: (1) No Action (Status Quo); (2) • Internet: You may access electronic permit allows NiSource to incidentally Approve ITP Amendment Request copies on the Internet at http:// take these species while operating and (Applicant’s Preferred Alternative); (3) www.fws.gov/midwest/endangered/ maintaining its interstate natural gas Approve ITP Amendment Request with permits/hcp/nisource/index.html. pipeline infrastructure. After issuance of Conditions (Service’s Preferred • U.S. Mail: You may obtain the ITP, the Service proposed listing the Alternative). Once an alternative is electronic copies on CD–ROM by northern long-eared bat (Myotis selected, the Regional Director will then submitting a request in writing to the septentrionalis) under the ESA. The decide whether issuance of an amended U.S. Fish and Wildlife Service within 30 northern long-eared bat was not ITP to NiSource Inc., including days of the date of publication of this included in the original NiSource HCP. subsequent implementation of its notice; see FOR FURTHER INFORMATION On January 13, 2015, the Service revised HCP, will significantly affect the CONTACT. received an application from NiSource quality of the human environment, as • In-Person: Printed copies are to have the northern long-eared bat defined by the NEPA. available for public inspection and added to its ITP. The application review (by appointment only), at the Public Availability of Comments includes a revised HCP that provides an office listed under FOR FURTHER analysis of NiSource activities across its Written comments we receive become INFORMATION CONTACT. 14-State operating territory, which part of the public record associated with Submitting Comments: Send written includes Delaware, Indiana, Kentucky, this action. Before including your comments via U.S. mail to the Regional Louisiana, Maryland, Mississippi, New address, phone number, email address, Director, Midwest Region, Attn: Thomas mstockstill on DSK4VPTVN1PROD with NOTICES Jersey, New York, North Carolina, Ohio, or other personal identifying Magnuson, U.S. Fish and Wildlife Pennsylvania, Tennessee, Virginia, and information in your comment, you Service, Ecological Services, 5600 West Virginia. Northern long-eared bats should be aware that the entire American Blvd. West, Suite 990, are present in each of those 14 States. comment, including your personal Bloomington, MN 55437–1458, or by Based on the analysis in the revised identifying information, may be made electronic mail to permitsR3ES@fws.gov. HCP, certain NiSource activities (e.g., available at any time. While you can ask FOR FURTHER INFORMATION CONTACT: right-of-way maintenance, facility us in your comment to withhold your Karen Herrington, NiSource MSHCP inspection, upgrade and replacement of personal identifying information from VerDate Sep<11>2014 20:14 Mar 19, 2015 Jkt 235001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1

Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices 15033 public review, we cannot guarantee that on July 26, 2013, based on a complaint joint motion to terminate the we will be able to do so. filed by Knowles Electronics, LLC, of investigation. The Commission finds Itasca, Illinois. 78 Fed. Reg. 45272 (July that this termination will not prejudice Authority 26, 2013). The notice of investigation the public interest. We provide this notice under section named GoerTek, Inc. of Weifang, China The Commission has therefore 10(c) of the ESA (16 U.S.C. 1531 et seq.) and GoerTek Electronics, Inc. of terminated this investigation. The and its implementing regulations (50 Sunnyvale, California as respondents. authority for the Commission’s CFR 17.22), and under NEPA (42 U.S.C. The Commission’s Office of Unfair determination is contained in section 4371 et seq.) and its implementing Import Investigations is not a party to 337 of the Tariff Act of 1930, as regulations (40 CFR 1506.6; 43 CFR part this investigation. The complaint amended (19 U.S.C. 1337), and Part 210 46). alleged violations of section 337 in the of the Commission’s Rules of Practice Dated: February 18, 2015. importation into the United States, the and Procedure (19 CFR part 210). Lynn Lewis, sale for importation, and the sale within By order of the Commission. Assistant Regional Director, Ecological the United States after importation of Issued: March 16, 2015. Services, Midwest Region. silicon microphone packages and products containing the same, by reason Lisa R. Barton, [FR Doc. 2015–06396 Filed 3–19–15; 8:45 am] of infringement of certain claims of U.S. Secretary to the Commission. BILLING CODE 4310–55–P Patent Nos. 7,439,616 (‘‘the ‘616 [FR Doc. 2015–06381 Filed 3–19–15; 8:45 am] patent’’); 8,018,049 (‘‘the ‘049 patent’’); BILLING CODE 7020–02–P and 8,121,331. Subsequently, the INTERNATIONAL TRADE investigation was terminated as to COMMISSION claims 13 and 14 of the ‘616 patent and [Investigation No. 337–TA–888] claim 24 of the ‘049 patent based on the DEPARTMENT OF JUSTICE withdrawal of complainant’s allegations Certain Silicon Microphone Packages as to those claims. See Notice (May 16, Notice of Lodging of Proposed and Products Containing Same: 2014) (determining not to review Order Consent Decree Under the Clean Air Commission Determination To Grant No. 37 issued on April 17, 2014). Act the Joint Motion To Terminate the The evidentiary hearing in this Investigation on the Basis of On March 16, 2015, the Department of investigation was held from May 6 Settlement; Termination of Justice lodged a proposed Consent through May 14, 2014. On August 29, Investigation Decree with the United States District 2014, the ALJ issued the final initial Court for the Southern District of AGENCY: U.S. International Trade determination (‘‘ID’’) finding a violation of section 337. Respondents and Indiana in the lawsuit entitled United Commission. States and the State of Indiana v. Exide complainant (conditionally) petitioned ACTION: Notice. Technologies, Civil Action No. 15–cv– for review of various portions of the final ID. The Commission determined to 433 (S.D. Ind.). SUMMARY: Notice is hereby given that A Complaint that was filed along with the U.S. International Trade review the final ID in part, and issued a Notice dated November 6, 2014, 79 FR the proposed Consent Decree alleges Commission has determined to grant the that Exide Technologies (‘‘Exide’’) has joint motion to terminate the above- 67446–48 (Nov. 13, 2014), in which the Commission specified the issues under violated the Clean Air Act and its referenced investigation based upon implementing regulations, certain terms settlement. review and the questions pertaining to such issues. The Commission received and conditions of Exide’s Clean Air Act FOR FURTHER INFORMATION CONTACT: Title V operating permit, and timely opening and reply briefs Michael Liberman, Esq., Office of the regarding the issues under review, as corresponding requirements under General Counsel, U.S. International well as the issues of remedy, the public Indiana state law at its secondary lead Trade Commission, 500 E Street SW., interest, and bonding, from both parties smelting facility in Muncie, Indiana. Washington, DC 20436, telephone (202) to the investigation. The proposed Consent Decree would 205–3115. Copies of non-confidential On February 11, 2015, the parties resolve the claims alleged in the documents filed in connection with this filed a ‘‘Joint Motion To Extend the Complaint in exchange for Exide’s investigation are or will be available for Target Date by 10 Days’’ representing commitment to make specific inspection during official business that an extension was necessary because improvements to its air pollution hours (8:45 a.m. to 5:15 p.m.) in the the parties were ‘‘making progress on an control and monitoring systems at its Office of the Secretary, U.S. agreement which, if signed, would Muncie facility, including installing a International Trade Commission, 500 E resolve their dispute and permit new furnace exhaust gas afterburner, Street SW., Washington, DC 20436, termination of this investigation and to pay civil penalties to the United telephone (202) 205–2000. General pursuant to 19 CFR 210.21.’’ Motion To States and the State. The penalties information concerning the Commission Extend at 1. The Commission granted would be paid as allowed claims in may also be obtained by accessing its the joint motion extending the target Exide’s pending Chapter 11 bankruptcy Internet server at http://www.usitc.gov. date for completion of this investigation proceeding, captioned In re Exide The public record for this investigation to March 16, 2015. See Commission Technologies, No. 13–11482–KJC may be viewed on the Commission’s Notice dated February 27, 2015. (Bankr. D. Del.). The Consent Decree electronic docket (EDIS) at http:// mstockstill on DSK4VPTVN1PROD with NOTICES On February 25, 2015, the parties would grant the United States and the edis.usitc.gov. Hearing-impaired filed a ‘‘Joint Motion To Terminate State equivalent allowed penalty claims persons are advised that information on Investigation No. 337–TA–888 on the in the bankruptcy totaling $820,000, this matter can be obtained by Basis of Settlement.’’ including a $246,000 allowed contacting the Commission’s TDD Having examined the joint motion, administrative expense claim and a terminal on (202) 205–1810. the settlement agreement, and the $164,000 allowed general unsecured SUPPLEMENTARY INFORMATION: The record of this investigation, the claim each for the United States and the Commission instituted this investigation Commission has determined to grant the State. VerDate Sep<11>2014 20:14 Mar 19, 2015 Jkt 235001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1


Document Created: 2015-12-18 11:34:41
Document Modified: 2015-12-18 11:34:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for public comment.
DatesTo ensure consideration, please send your written comments on or before April 20, 2015.
ContactKaren Herrington, NiSource MSHCP Coordinator, by U.S. mail at U.S. Fish and Wildlife Service, 360 Pearson Ct., Saint Charles, MO 63304; or by phone at 612-713-5315.
FR Citation80 FR 15032 
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