81_FR_8773 81 FR 8739 - Proposed Weyerhaeuser Company Safe Harbor Agreement for the Northern Spotted Owl and Draft Environmental Assessment

81 FR 8739 - Proposed Weyerhaeuser Company Safe Harbor Agreement for the Northern Spotted Owl and Draft Environmental Assessment

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 34 (February 22, 2016)

Page Range8739-8742
FR Document2016-03559

We, the U.S. Fish and Wildlife Service (Service), have received an application from Weyerhaeuser Company for an Endangered Species Act (ESA) Enhancement of Survival Permit (Permit) for the federally threatened northern spotted owl. The Permit application includes a draft safe harbor agreement (SHA) addressing access to Weyerhaeuser Company lands for the survey and removal of barred owls as part of the Service's Barred Owl Removal Experiment (Experiment) in Lane County, Oregon. The Service also announces the availability of a draft environmental assessment (EA) that has been prepared in response to the Permit application in accordance with requirements of the National Environmental Policy Act (NEPA). We are making the Permit application, including the draft SHA and the draft EA, available for public review and comment.

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8739-8742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03559]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N013; FXES11120100000-167-FF01E00000]


Proposed Weyerhaeuser Company Safe Harbor Agreement for the 
Northern Spotted Owl and Draft Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Weyerhaeuser Company for an Endangered 
Species Act (ESA) Enhancement of Survival Permit (Permit) for the 
federally threatened northern spotted owl. The Permit application 
includes a draft safe harbor agreement (SHA) addressing access to 
Weyerhaeuser Company lands for the survey and removal of barred owls as 
part of the Service's Barred Owl Removal Experiment (Experiment) in 
Lane County, Oregon. The Service also announces the availability of a 
draft environmental assessment (EA) that has been prepared in response 
to the Permit application in accordance with requirements of the 
National Environmental Policy Act (NEPA). We are making the Permit 
application, including the draft SHA and the draft EA, available for 
public review and comment.

DATES: To ensure consideration, written comments must be received from 
interested parties by March 23, 2016.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comments are in reference to the Weyerhaeuser Company draft 
SHA and draft EA.
     Internet: Documents may be viewed and downloaded on the 
Internet at http://www.fws.gov/ofwo/.
     Email: [email protected]. Include ``Weyerhaeuser SHA'' 
in the subject line of the message.
     U.S. Mail: Betsy Glenn, U.S. Fish and Wildlife Service, 
Oregon Fish and Wildlife Office, 2600 SE. 98th Ave., Suite 100, 
Portland, OR 97266.

[[Page 8740]]

     Fax: 503-231-6195.
     In-Person Drop-off, Viewing, or Pickup: Call 503-231-6970 
to make an appointment (necessary for viewing or pickup only) during 
regular business hours at the U.S. Fish and Wildlife Service, Oregon 
Fish and Wildlife Office, 2600 SE. 98th Ave., Suite 100, Portland, OR 
97266. Written comments can be dropped off during regular business 
hours at the above address on or before the closing date of the public 
comment period (see DATES).

FOR FURTHER INFORMATION CONTACT: Betsy Glenn, U.S. Fish and Wildlife 
Service (see ADDRESSES), telephone 503-231-6970. If you use a 
telecommunications device for the deaf (TDD), please call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Weyerhaeuser Company has applied to the 
Service for a Permit under section 10(a)(1)(A) of the ESA (16 U.S.C. 
1531 et seq.). The Permit application includes a draft SHA. The Service 
has drafted an EA addressing the effects of the proposed Permit action 
on the human environment.
    The SHA covers approximately 7,500 acres of forest lands owned by 
the Weyerhaeuser Company within the treatment portion of the Oregon 
Coast Ranges Study Area (Study Area) of the Experiment in Lane County, 
Oregon. The proposed term of the Permit and the SHA is 10 years. In 
return for permission to access their lands for barred owl surveys and 
removal in support of the Experiment, the Permit would authorize 
incidental take of the threatened northern spotted owl (Strix 
occidentalis caurina) as a result of forest management activities at 
currently unoccupied spotted owl sites if they become occupied during 
the term of the Permit.

Background

    Under a SHA, participating landowners voluntarily undertake 
activities on their property to benefit species listed under the ESA 
(16 U.S.C. 1531 et seq.). SHAs, and the subsequent Permits that are 
issued to participating landowners pursuant to section 10(a)(1)(A) of 
the ESA, encourage private and other non-Federal property owners to 
implement conservation actions for federally listed species by assuring 
the landowners that they will not be subject to increased property use 
restrictions as a result of their conservation efforts. SHAs must 
provide a net conservation benefit for the covered species.
    The assurances provided under a SHA allow the property owner to 
alter or modify the enrolled property to agreed-upon baseline 
conditions, even if such alteration or modification results in the 
incidental take of a listed species. The baseline conditions represent 
the existing levels of use of the property by species covered in the 
SHA. SHA assurances are contingent upon the property owner implementing 
covered activities in accordance with the terms of the Permit and the 
SHA. The SHA's net conservation benefits must be sufficient to 
contribute, either directly or indirectly, to the recovery of the 
covered listed species. Enrolled landowners may make lawful use of the 
enrolled property during the Permit term and may incidentally take the 
listed species named on the Permit provided that take does not modify 
the agreed-upon net conservation benefit to the species.
    Application requirements and issuance criteria for Permits for SHAs 
are found in the Code of Federal Regulations (CFR) at 50 CFR 17.22(c). 
The Service's Safe Harbor Policy (64 FR 32717, June 17, 1999) and the 
Safe Harbor Regulations (68 FR 53320, September 10, 2003; and 69 FR 
24084, May 3, 2004) are available at http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.

Weyerhaeuser's Safe Harbor Agreement

    The Weyerhaeuser Company submitted an application for a Permit 
under the ESA to authorize incidental take of the federally threatened 
northern spotted owl. The Permit application includes a draft SHA 
between Weyerhaeuser Company and the Service. The SHA addresses access 
to support the Experiment (USFWS 2013a) in the Study Area in Lane 
County, Oregon.
    The SHA covers Weyerhaeuser Company lands within the treatment 
portion of the Study Area. The treatment area is composed of lands 
owned by many different landowners, including 58 percent Federal lands, 
13 percent State lands, and 29 percent private lands. This is the focus 
of the SHA because this is the area where the removal of barred owls 
under the Experiment may lead to re-occupancy of sites that are not 
currently occupied by spotted owls. If barred owl removal leads to the 
re-occupancy of sites by spotted owls in the absence of this Permit, 
some restrictions or limitations on forest management activities could 
occur.
    Activities covered under the SHA are forest management activities 
including but not limited to road use, road construction, road 
maintenance and the normal management activities associated with 
managing private forestland for timber production such as timber 
harvest, planting, spraying, fertilizing, monitoring, measuring, 
patrolling and fighting wildfire.
    The goal of Weyerhaeuser Company is to manage their timberlands for 
timber production providing economic, community and stewardship values 
on a long-term sustained-yield basis while meeting State and Federal 
regulatory requirements. The Weyerhaeuser Company lands within the 
Study Area are an important part the company's overall operating plans 
from both a short-term and long-term perspective. The Weyerhaeuser 
Company is anticipating significant changes and fluctuations in spotted 
owl occupancy of well-surveyed sites and areas on or near Weyerhaeuser 
Company lands in the treatment area after barred owl removal occurs, 
and potential short-term regulatory impacts to operation plans after 
barred owl removal in the treatment area occurs.
    The purpose of the Weyerhaeuser Company's participation in the 
Experiment is to demonstrate cooperation with the Service regarding 
this recovery action while being held harmless and, to the maximum 
extent allowable under the ESA, ensuring that adjacent landowners are 
held harmless, by maintaining a reasonable level of certainty regarding 
the anticipated biological response and subsequent regulatory 
requirements impacting both forest operations and management during and 
after the experiment period.
    To support the Experiment, the Weyerhaeuser Company will provide 
researchers access to Weyerhaeuser Company lands to survey for barred 
owls throughout the Study Area and to remove barred owls located on 
Weyerhaeuser Company lands within the treatment portion of the Study 
Area. In addition, the Weyerhaeuser Company will maintain habitat to 
support actively nesting spotted owls on any reoccupied sites during 
the nesting season.

The Service's Proposed Action

    The Service proposes to enter into the SHA and to issue a Permit to 
the Weyerhaeuser Company for incidental take of the northern spotted 
owl caused by covered activities, if Permit issuance criteria are met. 
The Permit would have a term of 10 years.
    Monitoring of spotted owls on Weyerhaeuser Company lands as part of 
the ongoing spotted owl surveys conducted under the Northwest Forest 
Plan Monitoring program has yielded a good dataset that may be included 
in the SHA to establish a baseline for the estimated current occupancy 
status of

[[Page 8741]]

each spotted owl site. Any spotted owl sites with a response from at 
least one resident spotted owl between 2013 and present are considered 
in the baseline of the SHA. Based on this approach, there are 10 
baseline spotted owl sites in the treatment portion of the Oregon Coast 
Ranges Study Area where Weyerhaeuser Company owns land or has 
operations, easements or agreements.
    The conservation benefits for the northern spotted owl under the 
SHA arise from the Weyerhaeuser Company contribution to a successful 
Experiment, specifically as it informs future recovery of the spotted 
owl. This is accomplished by Weyerhaeuser Company allowing access to 
their roads and lands for barred owl surveys and, within the treatment 
area, barred owl removal. In the Study Area landscape of multiple 
landowners, access to interspersed non-Federal roads and lands for 
barred owl surveys and, within the treatment area, barred owl removal 
is important to the efficient and effective completion of the 
Experiment.
    The impact of the increase in non-native barred owl populations as 
they expand into the range of the spotted owl has been identified as 
one of the primary threats to the continued existence of the spotted 
owl. The Recovery Plan for the Northern Spotted Owl includes Recovery 
Action 29--``Design and implement large-scale control experiments to 
assess the effects of barred owl removal on spotted owl site occupancy, 
reproduction, and survival'' (USFWS 2011, p. III-65). The Service 
developed the Experiment to implement this Recovery Action, and 
completed an EIS and ROD addressing the Experiment in 2013 (USFWS 2013a 
and b). The Experiment is being conducted on four study areas, 
including the Oregon Coast Ranges Study Area. Timely results from the 
Experiment are crucial for informing the development of a long-term 
barred owl management strategy that is essential to the conservation of 
the northern spotted owl.
    While the Study Area is focused on Federal lands, it still contains 
significant interspersed non-Federal lands. To complete the Experiment 
in the most efficient and complete manner, the Service requires access 
on non-public roads and the ability to remove barred owls on the non-
Federal lands within the treatment area. While the Experiment is 
possible without access to non-Federal lands, failure to remove barred 
owls from portions of the treatment area could reduce the power of the 
Experiment to detect any changes in spotted owl population dynamics 
resulting from the removal of barred owls and potentially extend the 
duration of the Experiment. The Service has repeatedly indicated the 
need to gather this information in a timely manner. Failure to access 
non-Federal lands could delay the results.
    Incidental take of spotted owls under this SHA would likely be in 
the form of harm from forest operation activities that result in 
habitat degradation, or harassment from forest management activities 
that cause disturbance to spotted owls. Incidental take in the form of 
harassment by disturbance is most likely to occur near former spotted 
owl nest sites if they become reoccupied. Harm and harassment could 
occur during timber operations and management that will continue during 
the Permit term. The Weyerhaeuser Company will perform routine harvest, 
road maintenance and construction activities, including rock pit 
development, spraying and fertilization that may disturb spotted owls.

Net Conservation Benefits to the Northern Spotted Owl

    The Weyerhaeuser Company owns lands in the treatment portion of the 
Oregon Coast Ranges Study Area. Access to the Weyerhaeuser Company 
lands is important to the efficient and effective completion of the 
Experiment within a reasonable timeframe. All of the currently occupied 
spotted owl sites are within the baseline and no take of these sites is 
authorized under this SHA. If barred owl removal does allow spotted 
owls to re-occupy sites that are not currently occupied (non-baseline), 
the Weyerhaeuser Company will be allowed to incidentally take these 
spotted owls. It is highly unlikely that these sites would ever be re-
occupied by spotted owls without the removal of barred owls.
    The removal of barred owls on the Study Area will end within 10 
years. The Service anticipates that, once released from the removal 
pressure, barred owl populations will rebound to pre-treatment levels 
within 3 to 5 years. This is likely to result in the loss of the newly 
re-occupied spotted owl sites. Therefore, any spotted owl occupancy of 
these sites is likely to be temporary and short- term.
    The SHA allows for the take of spotted owls on 16 non-baseline 
sites in the treatment area of the Study Area if these sites become 
reoccupied during the barred owl removal study. Take of non-baseline 
owl sites that may be reoccupied can result from disturbance from 
forest management activities or habitat loss. For 7 of the 16 sites, 
take is anticipated primarily from disturbance. Take resulting from 
disturbance is temporary, short-term, and only likely to occur if 
activities occur very close to nesting spotted owls. None of the 48 
historic spotted owl site centers in the treatment area occur on 
Weyerhaeuser Company lands, and only 3 site centers are close enough 
that forest management activities on Weyerhaeuser Company lands could 
result in some disturbance of the sites if these site centers were 
reoccupied.
    For the remaining 9 sites, take of spotted owls may occur as a 
result of disturbance or habitat removal if these sites become re-
occupied by spotted owls during the Experiment. Loss of habitat has 
longer term effects, and the degree to which it may affect the study 
depends on the amount of potential habitat loss compared to the 
condition of the spotted owl site. The Weyerhaeuser Company is a minor 
owner on seven of these sites with less than 10 percent of the land 
ownership and less than 5 percent of the remaining suitable habitat on 
these seven sites. Federal lands contain the majority of the remaining 
suitable spotted owl habitat on these seven sites. Thus, even if all 
non-baseline spotted owl sites are re-occupied by spotted owls, and the 
Weyerhaeuser Company removed all spotted owl habitat remaining on their 
lands within these sites under their Permit, many of these sites are 
likely to remain viable at some level as a result of habitat remaining 
on adjacent ownerships.
    The primary conservation value of the Barred Owl Removal Experiment 
is the information it provides on the efficacy of removal as a tool to 
manage barred owl populations for the conservation of the spotted owl. 
This information is crucial to the development of a long-term barred 
owl management strategy that is essential to the conservation of the 
northern spotted owl. In this landscape of multiple landowners that 
exists within the Study Area, access to interspersed non-Federal lands 
is important to the efficient and effective completion of the Barred 
Owl Removal Experiment within a reasonable timeframe. Under the 
Weyerhaeuser Company SHA, researchers would have access to their roads 
and lands for barred owl surveys and, within the treatment area, barred 
owl removal. This access contributes significantly to the conservation 
value of the Experiment. Thus, the take of spotted owls on the 
temporarily reoccupied sites is more than offset by the value of the 
information gained from the experiment and its potential contribution 
to the timely development of a long-term barred owl management 
strategy. For these reasons, the Service finds this

[[Page 8742]]

SHA advances the recovery of the spotted owl.

National Environmental Policy Act Compliance

    The development of the draft SHA and the proposed issuance of a 
Permit is a Federal action that triggers the need for compliance with 
the National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.) (NEPA). We have prepared a draft EA to analyze the 
impacts of Permit issuance and implementation of the SHA on the human 
environment in comparison to the no-action alternative.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section above. We request data, new 
information, or suggestions from the public, other concerned 
governmental agencies, Tribes, the scientific community, industry, or 
any other interested party on our proposed Federal action. In 
particular, we request information and comments regarding the following 
issues:
    1. The direct, indirect, and cumulative effects that implementation 
of the SHA could have on endangered and threatened species;
    2. Other reasonable alternatives consistent with the purpose of the 
proposed SHA as described above, and their associated effects;
    3. Measures that would minimize and mitigate potentially adverse 
effects of the proposed action;
    4. Identification of any impacts on the human environment that 
should have been analyzed in the draft EA pursuant to NEPA;
    5. Other plans or projects that might be relevant to this action;
    6. The proposed term of the Permit and whether the proposed SHA 
would provide a net conservation benefit to the spotted owl; and
    7. Any other information pertinent to evaluating the effects of the 
proposed action on the human environment.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so. 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. Comments and materials we receive, as well as supporting 
documentation we used in preparing the draft EA, will be available for 
public inspection by appointment, during normal business hours, at our 
Oregon Fish and Wildlife Office (see ADDRESSES).

Next Steps

    We will evaluate the draft SHA, associated documents, and any 
public comments we receive to determine whether the Permit application 
and the EA meet the requirements of section 10(a)(1)(A) of the ESA and 
NEPA, respectively, and their respective implementing regulations. We 
will also evaluate whether issuance of a Permit would comply with 
section 7(a)(2) of the ESA by conducting an intra-Service section 7 
consultation on the proposed Permit action. If we determine that all 
requirements are met, we will sign the proposed SHA and issue a Permit 
under section 10(a)(1)(A) of the ESA to the applicant, the Weyerhaeuser 
Company, for incidental take of the northern spotted owl caused by 
covered activities implemented in accordance with the terms of the 
Permit and the SHA. We will not make our final decision until after the 
end of the 30-day public comment period, and we will fully consider all 
comments and information we receive during the public comment period.

Authority

    We provide this notice pursuant to section 10(c) of the ESA (16 
U.S.C. 1531 et seq.), its implementing regulations (50 CFR 17.22), and 
the NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6).

    Dated: February 3, 2016.
Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-03559 Filed 2-19-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                               Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices                                                  8739

                                                  that equipment complies with P25                          (1) Evaluate whether the proposed                     Dated: February 2, 2016.
                                                  standards and is capable of                             collection of information is necessary                Rick Stevens,
                                                  interoperating across manufacturers.                    for the proper performance of the                     Chief Information Officer for Science and
                                                  The Department of Homeland Security                     functions of the agency, including                    Technology.
                                                  needs to collect essential information                  whether the information will have                     [FR Doc. 2016–03532 Filed 2–19–16; 8:45 am]
                                                  from manufacturers on their products                    practical utility;                                    BILLING CODE 9110–9F–P
                                                  that have met P25 standards as                            (2) Evaluate the accuracy of the
                                                  demonstrated through the P25 CAP. To                    agency’s estimate of the burden of the
                                                  meet this requirement, the P25 CAP has                  proposed collection of information,                   DEPARTMENT OF THE INTERIOR
                                                  developed the SDoC form which will be                   including the validity of the
                                                  filled out by equipment suppliers to                    methodology and assumptions used;                     Fish and Wildlife Service
                                                  formally declare equipment is                             (3) Suggest ways to enhance the                     [FWS–R1–ES–2016–N013;
                                                  compliant with P25. The Summary Test                    quality, utility, and clarity of the                  FXES11120100000–167–FF01E00000]
                                                  Report form also filled out by                          information to be collected; and
                                                  equipment suppliers collects the results                                                                      Proposed Weyerhaeuser Company
                                                  of P25 testing to substantiate                            (4) Suggest ways to minimize the
                                                                                                          burden of the collection of information               Safe Harbor Agreement for the
                                                  compliance with P25 Standards. The                                                                            Northern Spotted Owl and Draft
                                                  SDoC and STR templates will gather                      on those who are to respond, including
                                                                                                          through the use of appropriate                        Environmental Assessment
                                                  this information for all equipment
                                                  providers in a consistent manner for                    automated, electronic, mechanical, or                 AGENCY:   Fish and Wildlife Service,
                                                  ease of general public and the public                   other technological collection                        Interior.
                                                  safety/first responder community. In                    techniques or other forms of information
                                                                                                                                                                ACTION: Notice of availability; request
                                                  turn, the emergency response                            technology, e.g., permitting electronic
                                                                                                                                                                for comments.
                                                  community will use this information to                  submissions of responses.
                                                  identify P25-compliant communications                   Overview of This Information                          SUMMARY:   We, the U.S. Fish and
                                                  systems to facilitate interoperability and              Collection                                            Wildlife Service (Service), have received
                                                  inform future aquisition. The P25 CAP                                                                         an application from Weyerhaeuser
                                                  Program Manager will perform a review                     (1) Type of Information Collection:                 Company for an Endangered Species
                                                  to ensure the documentation is                          Renewal of information collection forms               Act (ESA) Enhancement of Survival
                                                  complete and accurate in accordance                     with updates.                                         Permit (Permit) for the federally
                                                  with the current P25 CAP processes and                    (2) Title of the Form/Collection:                   threatened northern spotted owl. The
                                                  post it to FirstResponder.gov. This                     Science and Technology, Project 25                    Permit application includes a draft safe
                                                  notice and request for comments is                      (P25) Compliance Assessment Program                   harbor agreement (SHA) addressing
                                                  required by the Paperwork Reduction                     (CAP).                                                access to Weyerhaeuser Company lands
                                                  Act of 1995 (Pub. L. 104–13, 44 U.S.C.                    (3) Agency Form Number, if any, and                 for the survey and removal of barred
                                                  chapter 35).                                            the applicable component of the                       owls as part of the Service’s Barred Owl
                                                  DATES: Comments are encouraged and                      Department of Homeland Security                       Removal Experiment (Experiment) in
                                                  will be accepted until March 23, 2016.                  sponsoring the collection: Department of              Lane County, Oregon. The Service also
                                                                                                          Homeland Security, Science &                          announces the availability of a draft
                                                  ADDRESSES: Interested persons are
                                                                                                          Technology Directorate—(1) Supplier’s                 environmental assessment (EA) that has
                                                  invited to submit comments, identified
                                                                                                          Declaration of Compliance (SDoC) (DHS                 been prepared in response to the Permit
                                                  by docket number DHS–2012–0015 or
                                                                                                          Form 10044 (6/08)) and (2) Summary                    application in accordance with
                                                  the OMB Control Number 1640–0015,
                                                                                                          Test Report (DHS Form 10056 (9/08)).                  requirements of the National
                                                  by the following method:
                                                     • Email: Sridhar.Kowdley@                                                                                  Environmental Policy Act (NEPA). We
                                                                                                            (4) Affected public who will be asked
                                                  hq.dhs.gov. Please include docket                                                                             are making the Permit application,
                                                                                                          or required to respond, as well as a brief
                                                  number DHS–2012–0015 in the subject                                                                           including the draft SHA and the draft
                                                                                                          abstract: Businesses; the data will be
                                                  line of the message.                                                                                          EA, available for public review and
                                                                                                          gathered from manufacturers of radio
                                                                                                                                                                comment.
                                                  FOR FURTHER INFORMATION CONTACT:                        systems who wish to declare that their
                                                  Sridhar Kowdley (202) 254–8804 (Not a                   products are compliant with P25                       DATES:  To ensure consideration, written
                                                  toll free number).                                      standards for radio systems.                          comments must be received from
                                                  SUPPLEMENTARY INFORMATION: The SDoC                       (5) An estimate of the total number of              interested parties by March 23, 2016.
                                                  and Summary Test Report forms will be                   respondents and the amount of time                    ADDRESSES: To request further
                                                  posted on the FirstResponder.gov Web                    estimated for an average respondent to                information or submit written
                                                  site at http://www.firstresponder.gov.                  respond:                                              comments, please use one of the
                                                  The forms will be available in Adobe                      a. Estimate of the total number of                  following methods, and note that your
                                                  PDF format. The supplier will complete                  respondents: 12.                                      information request or comments are in
                                                  the forms electronically. The completed                   b. Estimate of number of responses                  reference to the Weyerhaeuser Company
                                                  forms may then be submitted via                         per respondent: 6.                                    draft SHA and draft EA.
                                                  Internet to the FirstResponder.gov Web                                                                          • Internet: Documents may be viewed
                                                                                                            c. An estimate of the time for an                   and downloaded on the Internet at
                                                  site.
                                                                                                          average respondent to respond: 4
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     The Department is committed to                                                                             http://www.fws.gov/ofwo/.
                                                  improving its information collection                    burden hours (2 burden hours for each                   • Email: barredowlsha@fws.gov.
                                                  and urges all interested parties to                     form).                                                Include ‘‘Weyerhaeuser SHA’’ in the
                                                  suggest how these materials can further                   d. An estimate of the total public                  subject line of the message.
                                                  reduce burden while seeking necessary                   burden (in hours) associated with the                   • U.S. Mail: Betsy Glenn, U.S. Fish
                                                  information under the Act.                              collection: 288 burden hours.                         and Wildlife Service, Oregon Fish and
                                                     DHS is particularly interested in                      (6) The collection forms were updated               Wildlife Office, 2600 SE. 98th Ave.,
                                                  comments that:                                          since the 60-day notice printing.                     Suite 100, Portland, OR 97266.


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                                                  8740                         Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices

                                                     • Fax: 503–231–6195.                                 modify the enrolled property to agreed-               associated with managing private
                                                     • In-Person Drop-off, Viewing, or                    upon baseline conditions, even if such                forestland for timber production such as
                                                  Pickup: Call 503–231–6970 to make an                    alteration or modification results in the             timber harvest, planting, spraying,
                                                  appointment (necessary for viewing or                   incidental take of a listed species. The              fertilizing, monitoring, measuring,
                                                  pickup only) during regular business                    baseline conditions represent the                     patrolling and fighting wildfire.
                                                  hours at the U.S. Fish and Wildlife                     existing levels of use of the property by                The goal of Weyerhaeuser Company is
                                                  Service, Oregon Fish and Wildlife                       species covered in the SHA. SHA                       to manage their timberlands for timber
                                                  Office, 2600 SE. 98th Ave., Suite 100,                  assurances are contingent upon the                    production providing economic,
                                                  Portland, OR 97266. Written comments                    property owner implementing covered                   community and stewardship values on
                                                  can be dropped off during regular                       activities in accordance with the terms               a long-term sustained-yield basis while
                                                  business hours at the above address on                  of the Permit and the SHA. The SHA’s                  meeting State and Federal regulatory
                                                  or before the closing date of the public                net conservation benefits must be                     requirements. The Weyerhaeuser
                                                  comment period (see DATES).                             sufficient to contribute, either directly             Company lands within the Study Area
                                                  FOR FURTHER INFORMATION CONTACT:                        or indirectly, to the recovery of the                 are an important part the company’s
                                                  Betsy Glenn, U.S. Fish and Wildlife                     covered listed species. Enrolled                      overall operating plans from both a
                                                  Service (see ADDRESSES), telephone 503–                 landowners may make lawful use of the                 short-term and long-term perspective.
                                                  231–6970. If you use a                                  enrolled property during the Permit                   The Weyerhaeuser Company is
                                                  telecommunications device for the deaf                  term and may incidentally take the                    anticipating significant changes and
                                                  (TDD), please call the Federal                          listed species named on the Permit                    fluctuations in spotted owl occupancy
                                                  Information Relay Service (FIRS) at                     provided that take does not modify the                of well-surveyed sites and areas on or
                                                  800–877–8339.                                           agreed-upon net conservation benefit to               near Weyerhaeuser Company lands in
                                                  SUPPLEMENTARY INFORMATION: The                          the species.                                          the treatment area after barred owl
                                                  Weyerhaeuser Company has applied to                        Application requirements and                       removal occurs, and potential short-
                                                  the Service for a Permit under section                  issuance criteria for Permits for SHAs                term regulatory impacts to operation
                                                  10(a)(1)(A) of the ESA (16 U.S.C. 1531                  are found in the Code of Federal                      plans after barred owl removal in the
                                                  et seq.). The Permit application includes               Regulations (CFR) at 50 CFR 17.22(c).                 treatment area occurs.
                                                  a draft SHA. The Service has drafted an                 The Service’s Safe Harbor Policy (64 FR                  The purpose of the Weyerhaeuser
                                                  EA addressing the effects of the                        32717, June 17, 1999) and the Safe                    Company’s participation in the
                                                  proposed Permit action on the human                     Harbor Regulations (68 FR 53320,                      Experiment is to demonstrate
                                                  environment.                                            September 10, 2003; and 69 FR 24084,                  cooperation with the Service regarding
                                                     The SHA covers approximately 7,500                   May 3, 2004) are available at http://                 this recovery action while being held
                                                  acres of forest lands owned by the                      www.fws.gov/endangered/laws-policies/                 harmless and, to the maximum extent
                                                  Weyerhaeuser Company within the                         regulations-and-policies.html.                        allowable under the ESA, ensuring that
                                                  treatment portion of the Oregon Coast                                                                         adjacent landowners are held harmless,
                                                                                                          Weyerhaeuser’s Safe Harbor Agreement
                                                  Ranges Study Area (Study Area) of the                                                                         by maintaining a reasonable level of
                                                  Experiment in Lane County, Oregon.                         The Weyerhaeuser Company                           certainty regarding the anticipated
                                                  The proposed term of the Permit and the                 submitted an application for a Permit                 biological response and subsequent
                                                  SHA is 10 years. In return for                          under the ESA to authorize incidental                 regulatory requirements impacting both
                                                  permission to access their lands for                    take of the federally threatened northern             forest operations and management
                                                  barred owl surveys and removal in                       spotted owl. The Permit application                   during and after the experiment period.
                                                  support of the Experiment, the Permit                   includes a draft SHA between                             To support the Experiment, the
                                                  would authorize incidental take of the                  Weyerhaeuser Company and the                          Weyerhaeuser Company will provide
                                                  threatened northern spotted owl (Strix                  Service. The SHA addresses access to                  researchers access to Weyerhaeuser
                                                  occidentalis caurina) as a result of forest             support the Experiment (USFWS 2013a)                  Company lands to survey for barred
                                                  management activities at currently                      in the Study Area in Lane County,                     owls throughout the Study Area and to
                                                  unoccupied spotted owl sites if they                    Oregon.                                               remove barred owls located on
                                                  become occupied during the term of the                     The SHA covers Weyerhaeuser                        Weyerhaeuser Company lands within
                                                  Permit.                                                 Company lands within the treatment                    the treatment portion of the Study Area.
                                                                                                          portion of the Study Area. The                        In addition, the Weyerhaeuser Company
                                                  Background                                              treatment area is composed of lands                   will maintain habitat to support actively
                                                     Under a SHA, participating                           owned by many different landowners,                   nesting spotted owls on any reoccupied
                                                  landowners voluntarily undertake                        including 58 percent Federal lands, 13                sites during the nesting season.
                                                  activities on their property to benefit                 percent State lands, and 29 percent
                                                                                                          private lands. This is the focus of the               The Service’s Proposed Action
                                                  species listed under the ESA (16 U.S.C.
                                                  1531 et seq.). SHAs, and the subsequent                 SHA because this is the area where the                   The Service proposes to enter into the
                                                  Permits that are issued to participating                removal of barred owls under the                      SHA and to issue a Permit to the
                                                  landowners pursuant to section                          Experiment may lead to re-occupancy of                Weyerhaeuser Company for incidental
                                                  10(a)(1)(A) of the ESA, encourage                       sites that are not currently occupied by              take of the northern spotted owl caused
                                                  private and other non-Federal property                  spotted owls. If barred owl removal                   by covered activities, if Permit issuance
                                                  owners to implement conservation                        leads to the re-occupancy of sites by                 criteria are met. The Permit would have
                                                  actions for federally listed species by                 spotted owls in the absence of this                   a term of 10 years.
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                                                  assuring the landowners that they will                  Permit, some restrictions or limitations                 Monitoring of spotted owls on
                                                  not be subject to increased property use                on forest management activities could                 Weyerhaeuser Company lands as part of
                                                  restrictions as a result of their                       occur.                                                the ongoing spotted owl surveys
                                                  conservation efforts. SHAs must provide                    Activities covered under the SHA are               conducted under the Northwest Forest
                                                  a net conservation benefit for the                      forest management activities including                Plan Monitoring program has yielded a
                                                  covered species.                                        but not limited to road use, road                     good dataset that may be included in the
                                                     The assurances provided under a SHA                  construction, road maintenance and the                SHA to establish a baseline for the
                                                  allow the property owner to alter or                    normal management activities                          estimated current occupancy status of


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                                                                               Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices                                            8741

                                                  each spotted owl site. Any spotted owl                  owls and potentially extend the                       disturbance is temporary, short-term,
                                                  sites with a response from at least one                 duration of the Experiment. The Service               and only likely to occur if activities
                                                  resident spotted owl between 2013 and                   has repeatedly indicated the need to                  occur very close to nesting spotted owls.
                                                  present are considered in the baseline of               gather this information in a timely                   None of the 48 historic spotted owl site
                                                  the SHA. Based on this approach, there                  manner. Failure to access non-Federal                 centers in the treatment area occur on
                                                  are 10 baseline spotted owl sites in the                lands could delay the results.                        Weyerhaeuser Company lands, and only
                                                  treatment portion of the Oregon Coast                      Incidental take of spotted owls under              3 site centers are close enough that
                                                  Ranges Study Area where Weyerhaeuser                    this SHA would likely be in the form of               forest management activities on
                                                  Company owns land or has operations,                    harm from forest operation activities                 Weyerhaeuser Company lands could
                                                  easements or agreements.                                that result in habitat degradation, or                result in some disturbance of the sites
                                                     The conservation benefits for the                    harassment from forest management                     if these site centers were reoccupied.
                                                  northern spotted owl under the SHA                      activities that cause disturbance to                     For the remaining 9 sites, take of
                                                  arise from the Weyerhaeuser Company                     spotted owls. Incidental take in the form             spotted owls may occur as a result of
                                                  contribution to a successful Experiment,                of harassment by disturbance is most                  disturbance or habitat removal if these
                                                  specifically as it informs future recovery              likely to occur near former spotted owl               sites become re-occupied by spotted
                                                  of the spotted owl. This is accomplished                nest sites if they become reoccupied.                 owls during the Experiment. Loss of
                                                  by Weyerhaeuser Company allowing                        Harm and harassment could occur                       habitat has longer term effects, and the
                                                  access to their roads and lands for                     during timber operations and                          degree to which it may affect the study
                                                  barred owl surveys and, within the                      management that will continue during                  depends on the amount of potential
                                                  treatment area, barred owl removal. In                  the Permit term. The Weyerhaeuser                     habitat loss compared to the condition
                                                  the Study Area landscape of multiple                    Company will perform routine harvest,                 of the spotted owl site. The
                                                  landowners, access to interspersed non-                 road maintenance and construction                     Weyerhaeuser Company is a minor
                                                  Federal roads and lands for barred owl                  activities, including rock pit                        owner on seven of these sites with less
                                                  surveys and, within the treatment area,                 development, spraying and fertilization               than 10 percent of the land ownership
                                                  barred owl removal is important to the                  that may disturb spotted owls.                        and less than 5 percent of the remaining
                                                  efficient and effective completion of the                                                                     suitable habitat on these seven sites.
                                                                                                          Net Conservation Benefits to the
                                                  Experiment.                                                                                                   Federal lands contain the majority of the
                                                     The impact of the increase in non-                   Northern Spotted Owl
                                                                                                                                                                remaining suitable spotted owl habitat
                                                  native barred owl populations as they                      The Weyerhaeuser Company owns                      on these seven sites. Thus, even if all
                                                  expand into the range of the spotted owl                lands in the treatment portion of the                 non-baseline spotted owl sites are re-
                                                  has been identified as one of the                       Oregon Coast Ranges Study Area.                       occupied by spotted owls, and the
                                                  primary threats to the continued                        Access to the Weyerhaeuser Company                    Weyerhaeuser Company removed all
                                                  existence of the spotted owl. The                       lands is important to the efficient and               spotted owl habitat remaining on their
                                                  Recovery Plan for the Northern Spotted                  effective completion of the Experiment                lands within these sites under their
                                                  Owl includes Recovery Action 29—                        within a reasonable timeframe. All of                 Permit, many of these sites are likely to
                                                  ‘‘Design and implement large-scale                      the currently occupied spotted owl sites              remain viable at some level as a result
                                                  control experiments to assess the effects               are within the baseline and no take of                of habitat remaining on adjacent
                                                  of barred owl removal on spotted owl                    these sites is authorized under this                  ownerships.
                                                  site occupancy, reproduction, and                       SHA. If barred owl removal does allow                    The primary conservation value of the
                                                  survival’’ (USFWS 2011, p. III–65). The                 spotted owls to re-occupy sites that are              Barred Owl Removal Experiment is the
                                                  Service developed the Experiment to                     not currently occupied (non-baseline),                information it provides on the efficacy
                                                  implement this Recovery Action, and                     the Weyerhaeuser Company will be                      of removal as a tool to manage barred
                                                  completed an EIS and ROD addressing                     allowed to incidentally take these                    owl populations for the conservation of
                                                  the Experiment in 2013 (USFWS 2013a                     spotted owls. It is highly unlikely that              the spotted owl. This information is
                                                  and b). The Experiment is being                         these sites would ever be re-occupied by              crucial to the development of a long-
                                                  conducted on four study areas,                          spotted owls without the removal of                   term barred owl management strategy
                                                  including the Oregon Coast Ranges                       barred owls.                                          that is essential to the conservation of
                                                  Study Area. Timely results from the                        The removal of barred owls on the                  the northern spotted owl. In this
                                                  Experiment are crucial for informing the                Study Area will end within 10 years.                  landscape of multiple landowners that
                                                  development of a long-term barred owl                   The Service anticipates that, once                    exists within the Study Area, access to
                                                  management strategy that is essential to                released from the removal pressure,                   interspersed non-Federal lands is
                                                  the conservation of the northern spotted                barred owl populations will rebound to                important to the efficient and effective
                                                  owl.                                                    pre-treatment levels within 3 to 5 years.             completion of the Barred Owl Removal
                                                     While the Study Area is focused on                   This is likely to result in the loss of the           Experiment within a reasonable
                                                  Federal lands, it still contains                        newly re-occupied spotted owl sites.                  timeframe. Under the Weyerhaeuser
                                                  significant interspersed non-Federal                    Therefore, any spotted owl occupancy                  Company SHA, researchers would have
                                                  lands. To complete the Experiment in                    of these sites is likely to be temporary              access to their roads and lands for
                                                  the most efficient and complete manner,                 and short- term.                                      barred owl surveys and, within the
                                                  the Service requires access on non-                        The SHA allows for the take of                     treatment area, barred owl removal. This
                                                  public roads and the ability to remove                  spotted owls on 16 non-baseline sites in              access contributes significantly to the
                                                  barred owls on the non-Federal lands                    the treatment area of the Study Area if               conservation value of the Experiment.
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                                                  within the treatment area. While the                    these sites become reoccupied during                  Thus, the take of spotted owls on the
                                                  Experiment is possible without access to                the barred owl removal study. Take of                 temporarily reoccupied sites is more
                                                  non-Federal lands, failure to remove                    non-baseline owl sites that may be                    than offset by the value of the
                                                  barred owls from portions of the                        reoccupied can result from disturbance                information gained from the experiment
                                                  treatment area could reduce the power                   from forest management activities or                  and its potential contribution to the
                                                  of the Experiment to detect any changes                 habitat loss. For 7 of the 16 sites, take             timely development of a long-term
                                                  in spotted owl population dynamics                      is anticipated primarily from                         barred owl management strategy. For
                                                  resulting from the removal of barred                    disturbance. Take resulting from                      these reasons, the Service finds this


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                                                  8742                         Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices

                                                  SHA advances the recovery of the                        review, we cannot guarantee that we                   DEPARTMENT OF THE INTERIOR
                                                  spotted owl.                                            will be able to do so. All submissions
                                                                                                          from organizations or businesses, and                 United States Geological Survey
                                                  National Environmental Policy Act
                                                  Compliance                                              from individuals identifying themselves               [GX16CN00B9D1000]
                                                                                                          as representatives or officials of
                                                     The development of the draft SHA                     organizations or businesses, will be                  Announcement of Public Review
                                                  and the proposed issuance of a Permit                   made available for public disclosure in               Period for a Report of the Advisory
                                                  is a Federal action that triggers the need              their entirety. Comments and materials                Committee on Water Information,
                                                  for compliance with the National                                                                              Subcommittee on Hydrology
                                                                                                          we receive, as well as supporting
                                                  Environmental Policy Act of 1969, as
                                                                                                          documentation we used in preparing the                AGENCY: United States Geological
                                                  amended (42 U.S.C. 4321 et seq.)
                                                  (NEPA). We have prepared a draft EA to                  draft EA, will be available for public                Survey, Department of the Interior.
                                                  analyze the impacts of Permit issuance                  inspection by appointment, during                     ACTION: Notice.
                                                  and implementation of the SHA on the                    normal business hours, at our Oregon
                                                                                                          Fish and Wildlife Office (see                         SUMMARY:    Notice is hereby given of the
                                                  human environment in comparison to
                                                                                                          ADDRESSES).                                           availability for public review of the draft
                                                  the no-action alternative.
                                                                                                                                                                U.S. Geological Survey report,
                                                  Public Comments                                         Next Steps                                            ‘‘Guidelines for Determining Flood Flow
                                                     You may submit your comments and                                                                           Frequency’’, commonly known as
                                                                                                             We will evaluate the draft SHA,
                                                  materials by one of the methods listed                                                                        Bulletin 17B. This report was drafted
                                                                                                          associated documents, and any public                  under the auspices of the Hydrologic
                                                  in the ADDRESSES section above. We                      comments we receive to determine
                                                  request data, new information, or                                                                             Frequency Analysis Work Group
                                                                                                          whether the Permit application and the                (HFAWG), which operates under the
                                                  suggestions from the public, other                      EA meet the requirements of section
                                                  concerned governmental agencies,                                                                              supervision of the Advisory Committee
                                                                                                          10(a)(1)(A) of the ESA and NEPA,                      on Water Information’s (ACWI)
                                                  Tribes, the scientific community,                       respectively, and their respective
                                                  industry, or any other interested party                                                                       Subcommittee on Hydrology (SOH).
                                                                                                          implementing regulations. We will also                Public review and comment is sought
                                                  on our proposed Federal action. In
                                                                                                          evaluate whether issuance of a Permit                 under the HFAWG Terms of Reference
                                                  particular, we request information and
                                                                                                          would comply with section 7(a)(2) of                  and the USGS peer review plan for the
                                                  comments regarding the following
                                                  issues:                                                 the ESA by conducting an intra-Service                report (URL: http://www.usgs.gov/peer_
                                                     1. The direct, indirect, and                         section 7 consultation on the proposed                review/docs/guidelines_for_
                                                  cumulative effects that implementation                  Permit action. If we determine that all               determining_flood-flow_frequency.pdf).
                                                  of the SHA could have on endangered                     requirements are met, we will sign the                   The ACWI was established under the
                                                  and threatened species;                                 proposed SHA and issue a Permit under                 authority of the Office of Management
                                                     2. Other reasonable alternatives                     section 10(a)(1)(A) of the ESA to the                 and Budget Memorandum 92–01 and
                                                  consistent with the purpose of the                      applicant, the Weyerhaeuser Company,                  the Federal Advisory Committee Act.
                                                  proposed SHA as described above, and                    for incidental take of the northern                   The purpose of the ACWI is to provide
                                                  their associated effects;                               spotted owl caused by covered activities              a forum for water-information users and
                                                     3. Measures that would minimize and                  implemented in accordance with the                    professionals to advise the Federal
                                                  mitigate potentially adverse effects of                 terms of the Permit and the SHA. We                   Government about activities and plans
                                                  the proposed action;                                                                                          which may improve the effectiveness of
                                                                                                          will not make our final decision until
                                                     4. Identification of any impacts on the                                                                    meeting the Nation’s water information
                                                                                                          after the end of the 30-day public
                                                  human environment that should have                                                                            needs.
                                                                                                          comment period, and we will fully                        It has been 33 years since the last
                                                  been analyzed in the draft EA pursuant                  consider all comments and information
                                                  to NEPA;                                                                                                      revision of Bulletin 17B in March 1982.
                                                                                                          we receive during the public comment                  At that time, it was recognized that
                                                     5. Other plans or projects that might
                                                                                                          period.                                               continued investigation and
                                                  be relevant to this action;
                                                     6. The proposed term of the Permit                   Authority                                             improvements of flood frequency
                                                  and whether the proposed SHA would                                                                            analysis techniques were needed. In
                                                  provide a net conservation benefit to the                  We provide this notice pursuant to                 fact, Bulletin 17B included a list of areas
                                                  spotted owl; and                                        section 10(c) of the ESA (16 U.S.C. 1531              where additional research was
                                                     7. Any other information pertinent to                et seq.), its implementing regulations                recommended by the Work Group in
                                                  evaluating the effects of the proposed                  (50 CFR 17.22), and the NEPA (42                      1982. The SOH’s HFAWG has done
                                                  action on the human environment.                        U.S.C. 4321 et seq.) and its                          extensive work during the last few years
                                                                                                          implementing regulations (40 CFR                      to update the Bulletin.
                                                  Public Availability of Comments                                                                                  The draft report resulting from that
                                                                                                          1506.6).
                                                    All comments and materials we                                                                               process is now available for public
                                                  receive become part of the public record                  Dated: February 3, 2016.                            review and comment. The report may be
                                                  associated with this action. Before                     Theresa Rabot,                                        accessed at http://acwi.gov/hydrology/
                                                  including your address, phone number,                   Deputy Regional Director, Pacific Region, U.S.        Frequency/b17c/index.html. A printed
                                                  email address, or other personally                      Fish and Wildlife Service, Portland, Oregon.          copy of the report may be obtained by
                                                                                                                                                                contacting the U.S. Geological Survey,
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                                                  identifiable information in your                        [FR Doc. 2016–03559 Filed 2–19–16; 8:45 am]
                                                  comments, you should be aware that                      BILLING CODE 4333–15–P
                                                                                                                                                                12201 Sunrise Valley Drive, 417
                                                  your entire comment—including your                                                                            National Center, Reston, Virginia 20192;
                                                  personally identifiable information—                                                                          (703) 648–6810.
                                                  may be made publicly available at any                                                                         DATES: Comments on the report should
                                                  time. While you can ask us in your                                                                            be provided no later than 45 days from
                                                  comment to withhold your personally                                                                           the issuance of this notice. Comments
                                                  identifiable information from public                                                                          can most effectively be provided


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Document Created: 2016-02-19 23:57:11
Document Modified: 2016-02-19 23:57:11
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 comments.
DatesTo ensure consideration, written comments must be received from interested parties by March 23, 2016.
ContactBetsy Glenn, U.S. Fish and Wildlife
FR Citation81 FR 8739 

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