81 FR 76380 - Golden Eagles; Programmatic Take Permit Decision; Finding of No Significant Impact for Final Environmental Assessment; Alta East Wind Project, Kern County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 212 (November 2, 2016)

Page Range		76380-76381
FR Document		2016-25746

We, the U.S. Fish and Wildlife Service, announce the availability of a Finding of No Significant Impact (FONSI) for the final Environmental Assessment (FEA) under the National Environmental Policy Act (NEPA) for the issuance of a take permit for golden eagles pursuant to the Bald and Golden Eagle Protection Act (Eagle Act), in association with the operation of the Alta East Wind Project (Alta East) in Kern County, California. The FEA was prepared in response to an application from Alta Wind X, LLC (applicant), an affiliate of NRG Yield, Inc., for a 5-year programmatic take permit for golden eagles (Aquila chrysaetos) under the Eagle Act. The applicant will implement a conservation program to avoid, minimize, and compensate for the project's impacts to eagles, as described in the applicant's Eagle Conservation Plan (ECP). We solicited comments on the draft Environmental Assessment (Draft EA) and have reviewed those comments in the course of preparing our findings for this project. Based on the FEA, the Service concludes that a Finding of No Significant Impact (FONSI) is appropriate. Based on the FONSI and findings we prepared associated with the permit application, we intend to issue the permit after 30 days.

Federal Register, Volume 81 Issue 212 (Wednesday, November 2, 2016)

[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76380-76381]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25746]



[[Page 76380]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-MB-2016-N160; FF08M00000-FXMB12310800000-167]


Golden Eagles; Programmatic Take Permit Decision; Finding of No 
Significant Impact for Final Environmental Assessment; Alta East Wind 
Project, Kern County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a Finding of No Significant Impact (FONSI) for the 
final Environmental Assessment (FEA) under the National Environmental 
Policy Act (NEPA) for the issuance of a take permit for golden eagles 
pursuant to the Bald and Golden Eagle Protection Act (Eagle Act), in 
association with the operation of the Alta East Wind Project (Alta 
East) in Kern County, California. The FEA was prepared in response to 
an application from Alta Wind X, LLC (applicant), an affiliate of NRG 
Yield, Inc., for a 5-year programmatic take permit for golden eagles 
(Aquila chrysaetos) under the Eagle Act. The applicant will implement a 
conservation program to avoid, minimize, and compensate for the 
project's impacts to eagles, as described in the applicant's Eagle 
Conservation Plan (ECP). We solicited comments on the draft 
Environmental Assessment (Draft EA) and have reviewed those comments in 
the course of preparing our findings for this project. Based on the 
FEA, the Service concludes that a Finding of No Significant Impact 
(FONSI) is appropriate. Based on the FONSI and findings we prepared 
associated with the permit application, we intend to issue the permit 
after 30 days.

ADDRESSES: Obtaining Documents: You may download copies of the FONSI, 
FEA, our Response to Comments on the Draft EA and the Final ECP for the 
Alta East Wind Project on the Internet at: http://www.fws.gov/cno/conservation/MigratoryBirds/EaglePermits.html. Alternatively, you may 
use one of the methods below to request a CD-ROM of the document.
     Email: [email protected]. Include ``Alta East Eagle 
Permit draft EA Comments'' in the subject line of the message.
     U.S. Mail: Heather Beeler, Migratory Bird Program, U.S. 
Fish and Wildlife Service, Pacific Southwest Regional Office, 2800 
Cottage Way, W-2605, Sacramento, CA 95825.
     Fax: Heather Beeler, Migratory Bird Program, 916-414-6486; 
Attn: Alta East Wind Project DEA Comments.

FOR FURTHER INFORMATION CONTACT: Heather Beeler, Migratory Bird 
Program, at the address shown in ADDRESSES or at (916) 414-6651 
(telephone).

SUPPLEMENTARY INFORMATION:

Introduction

    We, the U.S. Fish and Wildlife Service, evaluated an application 
under the Bald and Golden Eagle Protection Act (16 U.S.C. 668a-d; Eagle 
Act) for a 5-year programmatic golden eagle (Aquila chrysaetos) take 
permit from the Alta Wind X, LLC (applicant), affiliate of NRG Yield, 
Inc. The applicant's Alta East Wind Project is an existing, operational 
wind facility in the Tehachapi Wind Resource Area (WRA) within Kern 
County, California. The application includes an Eagle Conservation Plan 
(ECP) as the foundation of the applicant's permit application. The ECP 
and the project's Bird and Bat Conservation Strategy describe actions 
taken and proposed future actions to avoid, minimize, and mitigate 
adverse effects on eagles, birds, and bats.
    We prepared the FEA and FONSI to evaluate the impacts to the human 
environment of several alternatives associated with this permit 
application and evaluated compliance with our Eagle Act permitting 
regulations in the Code of Federal Regulations (CFR) at 50 CFR 22.26, 
as well as impacts of implementation of the supporting ECP, which was 
included as an appendix to the DEA. The applicant has revised the ECP, 
and the Final ECP is an attachment to our FONSI (Attachment 3).

Public Comments on the Draft Environmental Assessment (EA)

    We invited public comment on the Draft EA. In response, we received 
ten submissions; two submissions from Native American tribes, three 
from nongovernmental organizations (NGOs), three from the public, one 
from the electric utility industry and one from the applicant. One of 
the NGO comment letter combined comments from three different 
environmental organizations. Our responses to the comments on the Draft 
EA are presented in Attachment 2 of the FONSI.
    In total, the comment letters contained approximately 36 individual 
comments. These comments generally fell under one of five main 
categories: (1) Effects to the species (including number of fatalities, 
local and cumulative effects, other sources of fatalities, and overall 
population numbers); (2) advanced conservation practices (ACPs), 
Technical Advisory Committee (TAC) role, transparency of the process 
and future ACPs, project siting, and curtailment); (3) mitigation 
(addressing scientific basis for electric utility retrofits and 
location of retrofits); (4) monitoring and reporting (addressing 
project reporting and Tehachapi Wind Resource Area eagle mortality 
reporting); and (5) general comments about the permitting program 
(including comments opposing the issuance of an eagle take permit).
    Overall, the comments raised issues regarding the opportunities and 
challenges associated with issuing eagle take permits. We made changes 
to three topic areas of the FEA based on these comments. First, we 
added information on our risk evaluation under the curtailment program. 
We added more detailed information on the science behind the electric 
utility pole retrofit process for mitigation. We also expanded our 
discussion about our National Fish and Wildlife Foundation (NFWF) Eagle 
Mitigation Account.
    We made some additional minor changes to the final EA to improve 
clarity. After considering all the comments, and in light of the 
record, we determined that neither substantial revisions nor a new 
analysis are required for the FEA. Detailed responses to specific 
comments are included in the FONSI (Attachment 2).

Background

    The Eagle Act allows us to authorize bald eagle and golden eagle 
programmatic take (take that is recurring, is not caused solely by 
indirect effects, and that occurs over the long term in a location or 
locations that cannot be specifically identified). Such take must be 
incidental to actions that are otherwise lawful. The Eagle Act's 
implementing regulations define ``take'' as to ``pursue, shoot, shoot 
at, poison, wound, kill, capture, trap, collect, destroy, molest, or 
disturb'' individuals, their nests and eggs (50 CFR 22.3); and 
``disturb'' is further defined as ``to agitate or bother a bald or 
golden eagle to a degree that causes . . . (1) injury to an eagle, . . 
. (2) a decrease in its productivity, . . . or (3) nest abandonment'' 
(50 CFR 22.3). The Alta East Wind Project will result in recurring 
eagle mortalities over the life of the project, so the appropriate type 
of take permit is the programmatic permit under 50 CFR 22.26.
    We may consider issuance of programmatic eagle take permits if (1) 
the incidental take is necessary to protect legitimate interests; (2) 
the take is compatible with the preservation

[[Page 76381]]

standard of the Eagle Act--providing for stable or increasing breeding 
populations; (3) the take has been avoided and minimized to the degree 
achievable through implementation of Advanced Conservation Practices, 
and the remaining take is unavoidable; and (4) compensatory mitigation 
will be provided for any remaining take. The Service must determine 
that the direct and indirect effects of the take and required 
mitigation, together with the cumulative effects of other permitted 
take and additional factors affecting eagle populations, are compatible 
with the preservation of bald eagles and golden eagles.

Decision

    The Service's Selected Alternative for our issuance of a 
programmatic eagle take permit to Alta East contains elements of 
Alternatives 3, 4 and 5 of the EA. Under the Selected Alternative 
described in our FONSI, we will issue a 5-year programmatic eagle take 
permit to Alta X Wind, LLC for take of up to 3 golden eagles requiring 
implementation of the ECP, curtailment when eagles are detected and 
additional monitoring and mitigation. The Service has determined that a 
Finding of No Significant Impact (FONSI) is appropriate for this 
action. Based on the FONSI and findings prepared associated with the 
permit application, we intend to issue a permit after 30 days.

Authority

    We provide this notice under Section 668a of the Eagle Act (16 
U.S.C. 668-668c) and NEPA regulations (40 CFR 1506.6).

    Dated: October 14, 2016.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest, Sacramento, California.
[FR Doc. 2016-25746 Filed 11-1-16; 8:45 am]
 BILLING CODE 4310-55-P

76380 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices

DEPARTMENT OF THE INTERIOR • Fax: Heather Beeler, Migratory Bird numbers); (2) advanced conservation
Program, 916–414–6486; Attn: Alta East practices (ACPs), Technical Advisory
Fish and Wildlife Service Wind Project DEA Comments. Committee (TAC) role, transparency of
[FWS–R8–MB–2016–N160; FF08M00000– FOR FURTHER INFORMATION CONTACT: the process and future ACPs, project
FXMB12310800000–167] Heather Beeler, Migratory Bird Program, siting, and curtailment); (3) mitigation
at the address shown in ADDRESSES or at (addressing scientific basis for electric
Golden Eagles; Programmatic Take (916) 414–6651 (telephone). utility retrofits and location of retrofits);
Permit Decision; Finding of No (4) monitoring and reporting (addressing
SUPPLEMENTARY INFORMATION:
Significant Impact for Final project reporting and Tehachapi Wind
Environmental Assessment; Alta East Introduction Resource Area eagle mortality
Wind Project, Kern County, California We, the U.S. Fish and Wildlife reporting); and (5) general comments
Service, evaluated an application under about the permitting program (including
AGENCY: Fish and Wildlife Service, comments opposing the issuance of an
Interior. the Bald and Golden Eagle Protection
Act (16 U.S.C. 668a–d; Eagle Act) for a eagle take permit).
ACTION: Notice of availability. Overall, the comments raised issues
5-year programmatic golden eagle
regarding the opportunities and
SUMMARY: We, the U.S. Fish and (Aquila chrysaetos) take permit from the
challenges associated with issuing eagle
Wildlife Service, announce the Alta Wind X, LLC (applicant), affiliate
take permits. We made changes to three
availability of a Finding of No of NRG Yield, Inc. The applicant’s Alta topic areas of the FEA based on these
Significant Impact (FONSI) for the final East Wind Project is an existing, comments. First, we added information
Environmental Assessment (FEA) under operational wind facility in the on our risk evaluation under the
the National Environmental Policy Act Tehachapi Wind Resource Area (WRA) curtailment program. We added more
(NEPA) for the issuance of a take permit within Kern County, California. The detailed information on the science
for golden eagles pursuant to the Bald application includes an Eagle behind the electric utility pole retrofit
and Golden Eagle Protection Act (Eagle Conservation Plan (ECP) as the process for mitigation. We also
Act), in association with the operation foundation of the applicant’s permit expanded our discussion about our
of the Alta East Wind Project (Alta East) application. The ECP and the project’s National Fish and Wildlife Foundation
in Kern County, California. The FEA Bird and Bat Conservation Strategy (NFWF) Eagle Mitigation Account.
was prepared in response to an describe actions taken and proposed We made some additional minor
application from Alta Wind X, LLC future actions to avoid, minimize, and changes to the final EA to improve
(applicant), an affiliate of NRG Yield, mitigate adverse effects on eagles, birds, clarity. After considering all the
Inc., for a 5-year programmatic take and bats. comments, and in light of the record, we
permit for golden eagles (Aquila We prepared the FEA and FONSI to determined that neither substantial
chrysaetos) under the Eagle Act. The evaluate the impacts to the human revisions nor a new analysis are
applicant will implement a conservation environment of several alternatives required for the FEA. Detailed responses
program to avoid, minimize, and associated with this permit application to specific comments are included in
compensate for the project’s impacts to and evaluated compliance with our the FONSI (Attachment 2).
eagles, as described in the applicant’s Eagle Act permitting regulations in the
Eagle Conservation Plan (ECP). We Code of Federal Regulations (CFR) at 50 Background
solicited comments on the draft CFR 22.26, as well as impacts of The Eagle Act allows us to authorize
Environmental Assessment (Draft EA) implementation of the supporting ECP, bald eagle and golden eagle
and have reviewed those comments in which was included as an appendix to programmatic take (take that is
the course of preparing our findings for the DEA. The applicant has revised the recurring, is not caused solely by
this project. Based on the FEA, the ECP, and the Final ECP is an attachment indirect effects, and that occurs over the
Service concludes that a Finding of No to our FONSI (Attachment 3). long term in a location or locations that
Significant Impact (FONSI) is cannot be specifically identified). Such
appropriate. Based on the FONSI and Public Comments on the Draft
take must be incidental to actions that
findings we prepared associated with Environmental Assessment (EA)
are otherwise lawful. The Eagle Act’s
the permit application, we intend to We invited public comment on the implementing regulations define ‘‘take’’
issue the permit after 30 days. Draft EA. In response, we received ten as to ‘‘pursue, shoot, shoot at, poison,
ADDRESSES: Obtaining Documents: You submissions; two submissions from wound, kill, capture, trap, collect,
may download copies of the FONSI, Native American tribes, three from destroy, molest, or disturb’’ individuals,
FEA, our Response to Comments on the nongovernmental organizations (NGOs), their nests and eggs (50 CFR 22.3); and
Draft EA and the Final ECP for the Alta three from the public, one from the ‘‘disturb’’ is further defined as ‘‘to
East Wind Project on the Internet at: electric utility industry and one from agitate or bother a bald or golden eagle
http://www.fws.gov/cno/conservation/ the applicant. One of the NGO comment to a degree that causes . . . (1) injury to
MigratoryBirds/EaglePermits.html. letter combined comments from three an eagle, . . . (2) a decrease in its
Alternatively, you may use one of the different environmental organizations. productivity, . . . or (3) nest
methods below to request a CD–ROM of Our responses to the comments on the abandonment’’ (50 CFR 22.3). The Alta
the document. Draft EA are presented in Attachment 2 East Wind Project will result in
• Email: fw8_eagle_nepa@fws.gov. of the FONSI. recurring eagle mortalities over the life
In total, the comment letters
sradovich on DSK3GMQ082PROD with NOTICES

Include ‘‘Alta East Eagle Permit draft EA of the project, so the appropriate type of
Comments’’ in the subject line of the contained approximately 36 individual take permit is the programmatic permit
message. comments. These comments generally under 50 CFR 22.26.
• U.S. Mail: Heather Beeler, fell under one of five main categories: We may consider issuance of
Migratory Bird Program, U.S. Fish and (1) Effects to the species (including programmatic eagle take permits if (1)
Wildlife Service, Pacific Southwest number of fatalities, local and the incidental take is necessary to
Regional Office, 2800 Cottage Way, W– cumulative effects, other sources of protect legitimate interests; (2) the take
2605, Sacramento, CA 95825. fatalities, and overall population is compatible with the preservation

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Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices 76381

standard of the Eagle Act—providing for Department of the Interior official who Commission has received a complaint
stable or increasing breeding approved an amendment to a previously entitled Certain High-Potency
populations; (3) the take has been filed withdrawal application. Sweeteners, Processes for Making Same,
avoided and minimized to the degree FOR FURTHER INFORMATION CONTACT: and Products Containing Same, DN
achievable through implementation of Jacob Childers, Oregon State Office, 3180; the Commission is soliciting
Advanced Conservation Practices, and Bureau of Land Management, at 503– comments on any public interest issues
the remaining take is unavoidable; and 808–6225 or by email jcchilders@ raised by the complaint or
(4) compensatory mitigation will be blm.gov, or Candice Polisky, USFS complainant’s filing under § 210.8(b) of
provided for any remaining take. The Pacific Northwest Region, at 503–808– the Commission’s Rules of Practice and
Service must determine that the direct 2479. Persons who use a Procedure (19 CFR 210.8(b)).
and indirect effects of the take and telecommunications device for the deaf FOR FURTHER INFORMATION CONTACT: Lisa
required mitigation, together with the (TDD) may call the Federal Relay R. Barton, Secretary to the Commission,
cumulative effects of other permitted Service (FRS) at 1–800–877–8339 to U.S. International Trade Commission,
take and additional factors affecting reach either of the above individuals. 500 E Street SW., Washington, DC
eagle populations, are compatible with The FRS is available 24 hours a day, 7 20436, telephone (202) 205–2000. The
the preservation of bald eagles and days a week, to leave a message or public version of the complaint can be
golden eagles. question with the above individuals. accessed on the Commission’s
Decision You will receive a reply during normal Electronic Document Information
business hours. System (EDIS) at https://edis.usitc.gov,
The Service’s Selected Alternative for and will be available for inspection
SUPPLEMENTARY INFORMATION: A notice
our issuance of a programmatic eagle during official business hours (8:45 a.m.
that was published in the Federal
take permit to Alta East contains to 5:15 p.m.) in the Office of the
Register on September 30, 2016 (81 FR
elements of Alternatives 3, 4 and 5 of Secretary, U.S. International Trade
67377), misidentified the Department of
the EA. Under the Selected Alternative Commission, 500 E Street SW.,
the Interior official who approved an
described in our FONSI, we will issue Washington, DC 20436, telephone (202)
amendment to a previously filed
a 5-year programmatic eagle take permit 205–2000.
withdrawal application. Page 67377,
to Alta X Wind, LLC for take of up to General information concerning the
line 11, in the SUMMARY section reads:
3 golden eagles requiring Commission may also be obtained by
implementation of the ECP, curtailment The Assistant Secretary of the Interior for
Land and Minerals Management has
accessing its Internet server at United
when eagles are detected and additional States International Trade Commission
approved an amendment to a previously filed
monitoring and mitigation. The Service (USITC) at https://www.usitc.gov. The
application to withdraw public domain and
has determined that a Finding of No Revested Oregon California Railroad lands public record for this investigation may
Significant Impact (FONSI) is (O&C) managed by the Bureau of Land be viewed on the Commission’s
appropriate for this action. Based on the Management (BLM) and National Forest Electronic Document Information
FONSI and findings prepared associated System (NFS) lands managed by the U.S. System (EDIS) at https://edis.usitc.gov.
with the permit application, we intend Forest Service (Forest Service) while Hearing-impaired persons are advised
to issue a permit after 30 days. Congress considers legislation to that information on this matter can be
permanently withdraw those lands.
Authority obtained by contacting the
The notice is hereby corrected to read: Commission’s TDD terminal on (202)
We provide this notice under Section 205–1810.
The Deputy Secretary of the Interior has
668a of the Eagle Act (16 U.S.C. 668–
approved an amendment to a previously filed SUPPLEMENTARY INFORMATION: The
668c) and NEPA regulations (40 CFR application to withdraw public domain and
1506.6). Commission has received a complaint
Revested Oregon California Railroad lands and a submission pursuant to § 210.8(b)
Dated: October 14, 2016. (O&C) managed by the Bureau of Land
of the Commission’s Rules of Practice
Alexandra Pitts, Management (BLM) and National Forest
System (NFS) lands managed by the U.S. and Procedure filed on behalf of
Deputy Regional Director, Pacific Southwest, Celanese International Corporation,
Forest Service (Forest Service) while
Sacramento, California. Celanese Sales U.S. Ltd. and Celanese IP
Congress considers legislation to
[FR Doc. 2016–25746 Filed 11–1–16; 8:45 am] permanently withdraw those lands. Hungary Bt on October 26, 2016. The
BILLING CODE 4310–55–P complaint alleges violations of section
Leslie A. Frewing,
337 of the Tariff Act of 1930 (19 U.S.C.
Chief, Branch of Land, Minerals, and Energy 1337) in the importation into the United
DEPARTMENT OF THE INTERIOR Resources. Acting.
States, the sale for importation, and the
[FR Doc. 2016–26459 Filed 11–1–16; 8:45 am] sale within the United States after
Bureau of Land Management BILLING CODE 4310–84–P importation of certain high-potency
[LLOR936000.L1440000.ET0000. sweeteners, processes for making same,
16XL1109AF; HAG 16–0207] and products containing same. The
INTERNATIONAL TRADE complaint names as respondents
Notice of Amended Proposed COMMISSION Suzhou Hope Technology Co., Ltd. of
Withdrawal and Notice of Public China; Anhui Jinhe Industrial Co., Ltd.
Meetings; Oregon; Correction Notice of Receipt of Complaint; of China; and Vitasweet Co., Ltd. of
Solicitation of Comments; Relating to China. The complainant requests that
sradovich on DSK3GMQ082PROD with NOTICES

AGENCY: Bureau of Land Management, the Public Interest
Interior. the Commission issue a general
ACTION: Notice; correction. AGENCY: U.S. International Trade exclusion order, or in the alternative a
Commission. limited exclusion order, issue cease and
SUMMARY: This notice corrects a notice ACTION: Notice. desist orders and impose a bond upon
that was published in the Federal respondents’ alleged infringing articles
Register on September 30, 2016 (81 FR SUMMARY: Notice is hereby given that during the 60-day Presidential review
67377), which misidentified the the U.S. International Trade period pursuant to 19 U.S.C. 1337(j).

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Document Created: 2016-11-02 01:40:37
Document Modified: 2016-11-02 01:40:37

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.
Contact		Heather Beeler, Migratory Bird
FR Citation		81 FR 76380

81 FR 76380 - Golden Eagles; Programmatic Take Permit Decision; Finding of No Significant Impact for Final Environmental Assessment; Alta East Wind Project, Kern County, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 212 (November 2, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service