81 FR 12113 - Notice of Availability: Environmental Assessment and Draft Amended Oil and Gas Industry Conservation Plan for the American Burying Beetle in Oklahoma
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 45 (March 8, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 45 (March 8, 2016)
| Page Range | 12113-12114 | |
| FR Document | 2016-05086 |
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)] [Notices] [Pages 12113-12114] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05086] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2015-N192; FXES11120200000-167-FF02ENEH00] Notice of Availability: Environmental Assessment and Draft Amended Oil and Gas Industry Conservation Plan for the American Burying Beetle in Oklahoma AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability of documents; request for public comment. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service, announce the availability of an environmental assessment (EA), under the National Environmental Policy Act of 1969, that evaluates the impacts of a draft amendment to the Oil and Gas Industry Conservation Plan (ICP) for incidental take of the federally listed American burying beetle resulting from oil and gas industry activities. The original ICP (2014 ICP) was approved on May 21, 2014. The proposed amendment to the ICP will extend by 3 years the periods for signup, submission of individual project plans (IPPs), project construction, and ICP/permit duration. It also will provide date-certain deadlines, which will reduce confusion and simplify tracking for both permittees and the Service. In addition, we propose to delete language that limits coverage to projects that are fully contained within the ICP planning area. There is no change to the covered species, total amount of take authorized, or the planning area, which consists of 45 counties in Oklahoma. Individual oil and gas companies would continue to apply for Endangered Species Act permits for incidental take and agree to comply with the terms and conditions of the ICP. DATES: To ensure consideration, written comments must be received or postmarked on or before April 7, 2016. Any comments we receive after the closing date or not postmarked by the closing date may not be considered in the final decision on this action. ADDRESSES: Obtaining Documents:Internet: You may obtain copies of the EA and draft amendment to the ICP on the U.S. Fish and Wildlife Service's (Service) Web site at www.fws.gov/southwest/es/oklahoma/ABBICP. U.S. Mail: A limited number of CD-ROM and printed copies of the EA and draft amendment to the ICP are available, by request, from the Field Supervisor, by mail at the Oklahoma Ecological Services Field Office, 9014 E. 21st St., Tulsa, OK 74129; by phone at 918-581- 7458; or by fax at 918-581-7467. Please note that your request is in reference to the draft amended ICP for American burying beetle in Oklahoma. In-Person: Copies of the EA and draft amended ICP are also available for public inspection and review at the following locations, by appointment and written request only, 8 a.m. to 4:30 p.m.: [cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 6034, Albuquerque, NM 87102. [cir] U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129. Comment submission: You may submit comments by one of the following methods. [cir] U.S. Mail: U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 E. 21st St., Tulsa, OK 74129; by phone at 918-581-7458; or by fax at 918-581-7467. [cir] Electronically: [email protected]. FOR FURTHER INFORMATION CONTACT: Jonna Polk, Field Supervisor, by U.S. mail at the U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 E. 21st St., Tulsa, OK 74129; or by phone at 918-581-7458. SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), this notice advises the public that we, the Service, have gathered the information necessary to determine impacts of the EA and draft amendment to the ICP related to the proposed issuance of incidental take permits (ITPs) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA), to oil and gas companies (applicants) who agree to the conditions in the draft amended ICP. The ICP is a habitat conservation plan (HCP) that covers take of the American burying beetle (ABB) in Oklahoma that is incidental to covered activities associated with geophysical exploration (seismic), development, extraction, or transport of crude oil, natural gas, and/or other petroleum products, as well as maintenance, operation, repair, and decommissioning of oil and gas pipelines and well field infrastructure, and will include measures necessary to minimize and mitigate impacts to the covered species and its habitat to the maximum extent practicable. The Service plans to amend the ICP to cover several changes. We plan to (1) extend the timeframe for oil and gas companies (industry) to apply for participation in the ICP; (2) extend the expiration date of the ICP and permits by 3 years; (3) extend the construction period to 3 years after permit issuance and approval of individual project plans (IPP); (4) extend operations and management coverage to the permit expiration date; (5) provide date-certain limits for each period to help industry and the Service simplify record-keeping; and (6) remove requirements that all projects must be completely within the planning area. Removing the restriction will expand the type of activities to include pipelines from other areas. Under the proposed amendment there are no proposed changes to the federally listed species. The American burying beetle (ABB) is the only species covered for incidental take in the draft amended ICP, and the total amount of take has not been increased. There are no changes to the process for applying for an incidental take permit or submission of individual project plans (IPPs), other than the removal of the requirement for the project to be entirely contained within the covered area. There are no changes to the covered area, which consists of the following 45 Oklahoma counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Cleveland, Coal, Craig, Creek, Delaware, Garvin, Haskell, Hughes, Johnson, Kay, Latimer, Le Flore, Lincoln, Love, Marshall, Mayes, McClain, McCurtain, McIntosh, Murray, Muskogee, Noble, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Rogers, Seminole, Sequoyah, Tulsa, Wagoner, and Washington. The 2014 ICP allows industry to apply for a permit to participate for the first two years from the date of approval and signature--May 21, 2014. Construction is allowed for the first 2 years, and operations and maintenance for up to an additional 20 years. The estimates of potential impacts from industry activities for the ICP were based on [[Page 12114]] recent history of development at the time of development and industry predictions. However, industry activity and impacts have been less than expected due to reduced petroleum prices and market conditions, and the amount of take issued under the 2014 ICP has been significantly lower than anticipated (32,234 acres allowed, with only 395 acres approved as of January 11, 2016). The 2014 ICP is only open for new applications through May 21, 2016, and incidental take authorized through the ICP is unlikely to approach the 32,234 acres allowed by that date. The amendment will extend by 3 years the period for ICP signup, submission of IPPs, and construction after IPP approval. All applications under the amended ICP must be received by May 20, 2019, but may be approved after that date. Once approved and permitted, the permit holder must still submit their IPPs for approval by the Oklahoma Ecological Services Office prior to construction under the permit. Under the amended plan, IPPs must be received by May 20, 2022, and all construction related to IPPs must be completed by May 20, 2025. Operation and maintenance activities are authorized until the permit expires on May 20, 2039. Therefore, incidental take issued under this ICP may occur across a maximum of 25 years. All incidental take coverage provided by the amended ICP will end when the ICP and permits expire on May 20, 2039, regardless of when the individual permits or IPP applications were approved. Providing date-certain limits for each period will reduce confusion and simplify tracking for both permittees and the Service. We also propose to remove all language that limits coverage to projects that are fully contained within the ICP planning area. Projects that extend beyond the planning area can apply for coverage for the portion that is within the planning area. This is with the understanding that the amended ICP will not provide any Endangered Species Act coverage or National Environmental Policy Act analysis for the portions of the projects that are outside the planning area. The change in timelines and allowing coverage for projects that are not fully contained within the ICP planning area are the only revisions to the ICP and EA. There are no changes to the biological opinion (BO). We have assessed the potential impacts of the amendment to the ICP and reviewed the associated environmental assessment (EA) and BO for industry-related activities within the eastern Oklahoma planning area. Extending the same level of take over additional years is expected to reduce potential impacts to local habitat and ABB populations. Much of the oil and gas related impacts are temporary and can be restored within 2-5 years. Spreading the impacts over up to 11 years would allow temporary soil disturbance initiated in the first few years to be partially or fully restored before impacts from later projects have begun. The ABB is an annual species, and reducing take in any year should allow more adult beetles to survive into the next year. Incidental take authorized through the extension would not be increased, is a very small percentage of the total ABB habitat, and would not change the BO determination that the take would not jeopardize the continued existence of the ABB. Permittees with existing ICP permits are bound by the terms and conditions of their existing permits. If they want the extended timeframes or reduced restrictions regarding being completely contained within the ICP Planning Area, they must apply for an amendment to their permit. Background Potential impacts as a result of the extension are not expected to increase beyond those already identified in the EA. Environmental consequences were reviewed for the ICP extension and potential impacts to the following resources were evaluated: Geology, Soils, Water Resources, Water Quality, Air Quality, Vegetation, Wetlands, General Wildlife, Threatened and Endangered Species, Land Use, Aesthetics and Noise, Socioeconomics, Environmental Justice, Tribal jurisdiction, and Cultural Resources. Minor benefits in the areas of Water Resources, Water Quality, Air Quality, Vegetation, Wetlands, General Wildlife, Threatened and Endangered Species, Land Use, Aesthetics, and Noise could occur, because any impacts of oil and gas construction activity would be spread out over up to 11 years. Local impacts of project- related soil disturbance such as removal of vegetation, erosion, and dust may be reduced, and some recovery of natural resources could be expected if spread out over additional years. The ICP extension is not expected to significantly affect oil and gas activity, but would help support industry activity by streamlining compliance with the ESA, while continuing conservation efforts for the ABB. The 3-year ICP extension is not expected to trigger any new environmental consequences, or any new impacts to local economies or cultural resources. Nor are there any expected changes to direct, indirect, and cumulative effects. The ICP extension would not authorize any additional activities or incidental take. The same types and quantities of activities previously described in the EA are expected to occur with the 3-year extension. Based on the 2014 ICP, construction- related impacts could occur for up to 11 years (5 years from permit issuance, up to 3 additional years for IPP approval, and up to 3 years from IPP approval for construction) instead of for the original 2-year timeframe, and operation and maintenance-related impacts would occur over 25 years instead of the original 22 years. 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 your entire comment--including your personal identifying information--may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. 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 NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6). Dated: February 2, 2016. Benjamin N. Tuggle, Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. 2016-05086 Filed 3-7-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices 12113
106 Process permits for incidental take and agree to (HCP) that covers take of the American
C. Fixing America’s Surface comply with the terms and conditions burying beetle (ABB) in Oklahoma that
Transportation (FAST) Act of the ICP. is incidental to covered activities
IV. ACHP Native American Affairs DATES: To ensure consideration, written associated with geophysical exploration
Committee Activities comments must be received or (seismic), development, extraction, or
V. New Business postmarked on or before April 7, 2016. transport of crude oil, natural gas, and/
VI. Adjourn Any comments we receive after the or other petroleum products, as well as
The meetings of the ACHP are open closing date or not postmarked by the maintenance, operation, repair, and
to the public. If you need special closing date may not be considered in decommissioning of oil and gas
accommodations due to a disability, the final decision on this action. pipelines and well field infrastructure,
please contact Cindy Bienvenue, 202– ADDRESSES: Obtaining Documents: and will include measures necessary to
517–0202 or cbienvenue@achp.gov, at • Internet: You may obtain copies of minimize and mitigate impacts to the
least seven (7) days prior to the meeting. the EA and draft amendment to the ICP covered species and its habitat to the
Authority: 54 U.S.C. 304102 on the U.S. Fish and Wildlife Service’s maximum extent practicable.
(Service) Web site at www.fws.gov/ The Service plans to amend the ICP
Dated: March 3, 2016. to cover several changes. We plan to (1)
Javier E. Marques, southwest/es/oklahoma/ABBICP.
• U.S. Mail: A limited number of CD– extend the timeframe for oil and gas
Associate General Counsel. companies (industry) to apply for
ROM and printed copies of the EA and
[FR Doc. 2016–05154 Filed 3–7–16; 8:45 am]
draft amendment to the ICP are participation in the ICP; (2) extend the
BILLING CODE 4310–K6–P available, by request, from the Field expiration date of the ICP and permits
Supervisor, by mail at the Oklahoma by 3 years; (3) extend the construction
Ecological Services Field Office, 9014 E. period to 3 years after permit issuance
DEPARTMENT OF THE INTERIOR 21st St., Tulsa, OK 74129; by phone at and approval of individual project plans
918–581–7458; or by fax at 918–581– (IPP); (4) extend operations and
Fish and Wildlife Service 7467. Please note that your request is in management coverage to the permit
reference to the draft amended ICP for expiration date; (5) provide date-certain
[FWS–R2–ES–2015–N192;
FXES11120200000–167–FF02ENEH00] American burying beetle in Oklahoma. limits for each period to help industry
• In-Person: Copies of the EA and and the Service simplify record-keeping;
Notice of Availability: Environmental draft amended ICP are also available for and (6) remove requirements that all
Assessment and Draft Amended Oil public inspection and review at the projects must be completely within the
and Gas Industry Conservation Plan following locations, by appointment and planning area. Removing the restriction
for the American Burying Beetle in written request only, 8 a.m. to 4:30 p.m.: will expand the type of activities to
Oklahoma Æ U.S. Fish and Wildlife Service, 500 include pipelines from other areas.
Gold Avenue SW., Room 6034, Under the proposed amendment there
AGENCY: Fish and Wildlife Service, are no proposed changes to the federally
Interior. Albuquerque, NM 87102.
Æ U.S. Fish and Wildlife Service, listed species. The American burying
ACTION: Notice of availability of 9014 E. 21st St., Tulsa, OK 74129. beetle (ABB) is the only species covered
documents; request for public comment. Comment submission: You may for incidental take in the draft amended
submit comments by one of the ICP, and the total amount of take has not
SUMMARY: We, the U.S. Fish and been increased. There are no changes to
Wildlife Service, announce the following methods.
Æ U.S. Mail: U.S. Fish and Wildlife the process for applying for an
availability of an environmental incidental take permit or submission of
assessment (EA), under the National Service, Oklahoma Ecological Services
Field Office, 9014 E. 21st St., Tulsa, OK individual project plans (IPPs), other
Environmental Policy Act of 1969, that than the removal of the requirement for
evaluates the impacts of a draft 74129; by phone at 918–581–7458; or by
fax at 918–581–7467. the project to be entirely contained
amendment to the Oil and Gas Industry within the covered area. There are no
Æ Electronically: fw2_hcp_permits@
Conservation Plan (ICP) for incidental changes to the covered area, which
fws.gov.
take of the federally listed American consists of the following 45 Oklahoma
burying beetle resulting from oil and gas FOR FURTHER INFORMATION CONTACT: counties: Adair, Atoka, Bryan, Carter,
industry activities. The original ICP Jonna Polk, Field Supervisor, by U.S. Cherokee, Choctaw, Cleveland, Coal,
(2014 ICP) was approved on May 21, mail at the U.S. Fish and Wildlife Craig, Creek, Delaware, Garvin, Haskell,
2014. The proposed amendment to the Service, Oklahoma Ecological Services Hughes, Johnson, Kay, Latimer, Le
ICP will extend by 3 years the periods Field Office, 9014 E. 21st St., Tulsa, OK Flore, Lincoln, Love, Marshall, Mayes,
for signup, submission of individual 74129; or by phone at 918–581–7458. McClain, McCurtain, McIntosh, Murray,
project plans (IPPs), project SUPPLEMENTARY INFORMATION: Under the Muskogee, Noble, Nowata, Okfuskee,
construction, and ICP/permit duration. National Environmental Policy Act of Okmulgee, Osage, Ottawa, Pawnee,
It also will provide date-certain 1969 (NEPA; 42 U.S.C. 4321 et seq.), Payne, Pittsburg, Pontotoc,
deadlines, which will reduce confusion this notice advises the public that we, Pottawatomie, Pushmataha, Rogers,
and simplify tracking for both the Service, have gathered the Seminole, Sequoyah, Tulsa, Wagoner,
permittees and the Service. In addition, information necessary to determine and Washington.
we propose to delete language that impacts of the EA and draft amendment The 2014 ICP allows industry to apply
asabaliauskas on DSK3SPTVN1PROD with NOTICES
limits coverage to projects that are fully to the ICP related to the proposed for a permit to participate for the first
contained within the ICP planning area. issuance of incidental take permits two years from the date of approval and
There is no change to the covered (ITPs) under section 10(a)(1)(B) of the signature—May 21, 2014. Construction
species, total amount of take authorized, Endangered Species Act of 1973, as is allowed for the first 2 years, and
or the planning area, which consists of amended (ESA), to oil and gas operations and maintenance for up to an
45 counties in Oklahoma. Individual oil companies (applicants) who agree to the additional 20 years. The estimates of
and gas companies would continue to conditions in the draft amended ICP. potential impacts from industry
apply for Endangered Species Act The ICP is a habitat conservation plan activities for the ICP were based on
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![12114 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
recent history of development at the additional years is expected to reduce direct, indirect, and cumulative effects.
time of development and industry potential impacts to local habitat and The ICP extension would not authorize
predictions. However, industry activity ABB populations. Much of the oil and any additional activities or incidental
and impacts have been less than gas related impacts are temporary and take. The same types and quantities of
expected due to reduced petroleum can be restored within 2–5 years. activities previously described in the EA
prices and market conditions, and the Spreading the impacts over up to 11 are expected to occur with the 3-year
amount of take issued under the 2014 years would allow temporary soil extension. Based on the 2014 ICP,
ICP has been significantly lower than disturbance initiated in the first few construction-related impacts could
anticipated (32,234 acres allowed, with years to be partially or fully restored occur for up to 11 years (5 years from
only 395 acres approved as of January before impacts from later projects have
permit issuance, up to 3 additional
11, 2016). The 2014 ICP is only open for begun. The ABB is an annual species,
years for IPP approval, and up to 3 years
new applications through May 21, 2016, and reducing take in any year should
and incidental take authorized through allow more adult beetles to survive into from IPP approval for construction)
the ICP is unlikely to approach the the next year. Incidental take authorized instead of for the original 2-year
32,234 acres allowed by that date. through the extension would not be timeframe, and operation and
The amendment will extend by 3 increased, is a very small percentage of maintenance-related impacts would
years the period for ICP signup, the total ABB habitat, and would not occur over 25 years instead of the
submission of IPPs, and construction change the BO determination that the original 22 years.
after IPP approval. All applications take would not jeopardize the continued Public Availability of Comments
under the amended ICP must be existence of the ABB.
received by May 20, 2019, but may be Permittees with existing ICP permits Written comments we receive become
approved after that date. Once approved are bound by the terms and conditions part of the public record associated with
and permitted, the permit holder must of their existing permits. If they want this action. Before including your
still submit their IPPs for approval by the extended timeframes or reduced address, phone number, email address,
the Oklahoma Ecological Services Office restrictions regarding being completely or other personal identifying
prior to construction under the permit. contained within the ICP Planning Area,
information in your comment, you
Under the amended plan, IPPs must be they must apply for an amendment to
should be aware that your entire
received by May 20, 2022, and all their permit.
construction related to IPPs must be comment—including your personal
Background identifying information—may be made
completed by May 20, 2025. Operation
and maintenance activities are Potential impacts as a result of the publicly available at any time. While
authorized until the permit expires on extension are not expected to increase you can request in your comment that
May 20, 2039. Therefore, incidental take beyond those already identified in the we withhold your personal identifying
issued under this ICP may occur across EA. Environmental consequences were information from public review, we
a maximum of 25 years. All incidental reviewed for the ICP extension and cannot guarantee that we will be able to
take coverage provided by the amended potential impacts to the following do so. We will not consider anonymous
ICP will end when the ICP and permits resources were evaluated: Geology, comments. All submissions from
expire on May 20, 2039, regardless of Soils, Water Resources, Water Quality, organizations or businesses, and from
when the individual permits or IPP Air Quality, Vegetation, Wetlands, individuals identifying themselves as
applications were approved. Providing General Wildlife, Threatened and representatives or officials of
date-certain limits for each period will Endangered Species, Land Use, organizations or businesses, will be
reduce confusion and simplify tracking Aesthetics and Noise, Socioeconomics, made available for public disclosure in
for both permittees and the Service. Environmental Justice, Tribal
their entirety.
We also propose to remove all jurisdiction, and Cultural Resources.
language that limits coverage to projects Minor benefits in the areas of Water Authority
that are fully contained within the ICP Resources, Water Quality, Air Quality,
planning area. Projects that extend Vegetation, Wetlands, General Wildlife, We provide this notice under section
beyond the planning area can apply for Threatened and Endangered Species, 10(c) of the ESA (16 U.S.C. 1531 et seq.)
coverage for the portion that is within Land Use, Aesthetics, and Noise could and its implementing regulations (50
the planning area. This is with the occur, because any impacts of oil and CFR 17.22) and NEPA (42 U.S.C. 4321
understanding that the amended ICP gas construction activity would be et seq.) and its implementing
will not provide any Endangered spread out over up to 11 years. Local regulations (40 CFR 1506.6).
Species Act coverage or National impacts of project-related soil Dated: February 2, 2016.
Environmental Policy Act analysis for disturbance such as removal of
Benjamin N. Tuggle,
the portions of the projects that are vegetation, erosion, and dust may be
outside the planning area. The change reduced, and some recovery of natural Regional Director, Southwest Region,
in timelines and allowing coverage for resources could be expected if spread Albuquerque, New Mexico.
projects that are not fully contained out over additional years. [FR Doc. 2016–05086 Filed 3–7–16; 8:45 am]
within the ICP planning area are the The ICP extension is not expected to BILLING CODE 4333–15–P
only revisions to the ICP and EA. There significantly affect oil and gas activity,
are no changes to the biological opinion but would help support industry
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(BO). activity by streamlining compliance
We have assessed the potential with the ESA, while continuing
impacts of the amendment to the ICP conservation efforts for the ABB. The 3-
and reviewed the associated year ICP extension is not expected to
environmental assessment (EA) and BO trigger any new environmental
for industry-related activities within the consequences, or any new impacts to
eastern Oklahoma planning area. local economies or cultural resources.
Extending the same level of take over Nor are there any expected changes to
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Document Created: 2018-02-02 15:10:25
Document Modified: 2018-02-02 15:10:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability of documents; request for public comment. | |
| Dates | To ensure consideration, written comments must be received or postmarked on or before April 7, 2016. Any comments we receive after the closing date or not postmarked by the closing date may not be considered in the final decision on this action. | |
| Contact | Jonna Polk, Field Supervisor, by U.S. mail at the U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 E. 21st St., Tulsa, OK 74129; or by phone at 918-581-7458. | |
| FR Citation | 81 FR 12113 |
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