82 FR 13130 - Hoopeston Wind Farm Draft Habitat Conservation Plan; Draft Environmental Assessment

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13130-13132
FR Document		2017-04663

Pursuant to the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service (Service), announce the availability of an application from Hoopeston Wind Farm LLC (Applicant) for a permit to incidentally take federally endangered Indiana bats and federally threatened northern long-eared bats. The take could result from operation and decommissioning activities at the Applicant's facility in Vermilion County, Illinois. Included with the application is a draft habitat conservation plan (HCP). Also available for review is our draft environmental assessment (EA) that was prepared in response to the application. We are seeking public comments on the permit application, draft HCP, and draft EA.

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13130-13132]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04663]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2016-N094; FVES59420300000F2 14X FF03E00000]


Hoopeston Wind Farm Draft Habitat Conservation Plan; Draft 
Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Receipt of application; draft habitat conservation plan; draft 
environmental assessment; and request for comments.

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

SUMMARY: Pursuant to the Endangered Species Act (ESA) and the National 
Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service 
(Service), announce the availability of an application from Hoopeston 
Wind Farm LLC (Applicant) for a permit to incidentally take federally 
endangered Indiana bats and federally threatened northern long-eared 
bats. The take could result from operation and decommissioning 
activities at the Applicant's facility in Vermilion County, Illinois. 
Included with the application is a draft habitat conservation plan 
(HCP). Also available for review is our draft environmental assessment 
(EA) that was prepared in response to the application. We are seeking 
public comments on the permit application, draft HCP, and draft EA.

DATES: To ensure consideration, please submit your comments on or 
before April 10, 2017.

ADDRESSES: Availability of Documents: The draft habitat conservation 
plan (HCP) and draft environmental assessment (EA) are available on the 
Midwest Region's Web site at http://www.fws.gov/Midwest/endangered/permits/hcp/r3hcps.html. Alternatively, copies of the permit 
application, draft HCP, and draft EA will be available for public 
review during regular business hours at the Rock Island Field Office 
(see ADDRESSES). Those who do not have access to the Web site or cannot 
visit our office can request copies by telephone at 309-757-5800 or by 
letter to the Rock Island Field Office (see ADDRESSES).
    Submitting Comments: Send comments to Kraig McPeek by U.S. mail at 
U.S. Fish and Wildlife Service, Rock Island Field Office, 1511 47th 
Avenue, Moline, IL 61265; by facsimile to 309-757-5807; or by 
electronic mail to [email protected]. In the subject line of your 
letter, facsimile, or electronic mail, include the document identifier 
``Hoopeston Wind Farm HCP.''

[[Page 13131]]


SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(1)(B) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.; ESA) and the National 
Environmental Policy Act (42 U.S.C. 4321, et seq.; NEPA), we, the U.S. 
Fish and Wildlife Service (Service), announce the availability of an 
application from Hoopeston Wind Farm LLC for a permit to incidentally 
take federally endangered Indiana bats (Myotis sodalis) and federally 
threatened northern long-eared bats (Myotis septentrionalis) that could 
result from operation, and decommissioning activities at the 
Applicant's facility in Vermilion County, Illinois. Included with the 
application is a draft habitat conservation plan (HCP). The draft HCP 
describes how take of Indiana and northern long-eared bats (covered 
species) will be minimized and mitigated to the maximum extent 
practicable. The draft HCP also describes the covered species' life 
history and ecology, biological goals and objectives, the estimated 
take and its potential impact on covered species populations, adaptive 
management and monitoring, and compensatory mitigation. Also included 
is the Service's draft environmental assessment (EA), which describes 
possible alternatives to the proposed permit action, including an 
analysis of potential effects on the human environment. We are seeking 
public comments on the permit application, draft HCP, and draft EA.

Endangered Species Act

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538, and 1533, 
respectively). The ESA implementing regulations extend, under certain 
circumstances, the prohibition of take to threatened species (50 CFR 
17.31). Under section 3 of the ESA, the term ``take'' means to harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or 
attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term 
``harm'' is defined by regulation as an act which actually kills or 
injures wildlife. Such act may include significant habitat modification 
or degradation where it actually kills or injures wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is 
defined in the regulations as an intentional or negligent act or 
omission which creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns, which include, but are not limited to, breeding, feeding, or 
sheltering (50 CFR 17.3).
    Under section 10 of the ESA, the Service may issue permits to 
authorize incidental take of federally listed fish and wildlife 
species. ``Incidental take'' is defined by the ESA as ``take that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity.'' To obtain an ITP, an applicant must submit an HCP that 
specifies (1) the impact that will likely result from the taking; (2) 
what steps the applicant will take to monitor, minimize and mitigate 
the impacts, and the funding that will be available to implement such 
steps; (3) what alternative actions to the taking the applicant 
considered and the reasons why the alternatives are not being utilized; 
and (4) how the applicant will carry out any other measures that we may 
require as being necessary or appropriate for purposes of the HCP (50 
CFR 17.22(b)(1)(iii); 50 CFR 17.32(b)(1)(iii)(C)). If we find, after 
opportunity for public comment, with respect to the permit application 
and the related HCP, that (1) the taking will be incidental; (2) the 
applicant will, to the maximum extent practicable, minimize and 
mitigate the impacts of such taking; (3) the applicant will ensure that 
adequate funding for the HCP will be provided, as well as procedures to 
deal with unforeseen circumstances; (4) the taking will not appreciably 
reduce the likelihood of the survival and recovery of the species in 
the wild; and (5) the measures, if any, required by us will be carried 
out; and we have received assurances that the plan will be implemented, 
then we will issue the applicant the requested permit (50 CFR 17.22, 
17.32(b)(2)(i)). The purpose of the HCP process and subsequent issuance 
of a permit is to authorize the incidental take of threatened or 
endangered species, not to authorize the underlying activities that 
result in take. This process ensures that the effects of the authorized 
incidental take will be adequately minimized and mitigated to the 
maximum extent practicable.

National Environmental Policy Act

    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). Pursuant to NEPA, we 
have prepared a draft EA to analyze the environmental impacts of three 
alternatives related to the issuance of the requested permit and 
implementation of the conservation program under the proposed HCP. The 
three alternatives analyzed in the EA are a no-action alternative, the 
proposed action, and a reduced take alternative.
    No-action alternative: Under the no-action alternative, no permit 
would be issued and no HCP would be implemented.
    Proposed action alternative: The proposed action alternative is the 
implementation of the Applicants proposed HCP and issuance of the 
requested permit as described above.
    Reduced take alternative: The reduced take alternative evaluates 
potential modifications to the Applicants operating regime beyond those 
proposed by the Applicant.

Public Comments

    All comments received, including names and addresses, will become 
part of the administrative record and may be made available to the 
public. Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, could be made publicly available at any time. While you 
may request at the top of your document that we withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Next Steps

    We will evaluate the draft HCP and any comments we receive to 
determine whether the permit application meets the requirements of 
section 10(a) of the ESA. We will also evaluate whether issuance of the 
requested permit complies with section 7 of the ESA by conducting an 
intra-Service ESA section 7 consultation. Our EA process will culminate 
with a decision by the Service's Midwest Region Regional Director on 
one of the three alternatives found in the EA. Once an alternative is 
selected, the Regional Director will decide whether the alternative 
selected will significantly impact the quality of the human 
environment, as defined by the NEPA and its implementing regulations. 
If he finds that the alternative selected will not result in 
significant environmental impacts, he will issue a ``Finding No 
Significant Impact.'' If he finds that the alternative selected will 
result in significant environmental impacts, he will issue a Notice of 
Intent to prepare an Environmental Impact Statement (EIS).

Authority

    This notice is provided pursuant to section 10(c) of the ESA and 
NEPA regulations (40 CFR 1506.6).


[[Page 13132]]


    Dated: January 13, 2017.
Lori Nordstrom,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2017-04663 Filed 3-8-17; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13131

SUPPLEMENTARY INFORMATION: Pursuant include, but are not limited to, breeding, a no-action alternative, the proposed
to section 10(a)(1)(B) of the Endangered feeding, or sheltering (50 CFR 17.3). action, and a reduced take alternative.
Species Act (16 U.S.C. 1531 et seq.; Under section 10 of the ESA, the No-action alternative: Under the no-
ESA) and the National Environmental Service may issue permits to authorize action alternative, no permit would be
Policy Act (42 U.S.C. 4321, et seq.; incidental take of federally listed fish issued and no HCP would be
NEPA), we, the U.S. Fish and Wildlife and wildlife species. ‘‘Incidental take’’ implemented.
Service (Service), announce the is defined by the ESA as ‘‘take that is Proposed action alternative: The
availability of an application from incidental to, and not the purpose of, proposed action alternative is the
Hoopeston Wind Farm LLC for a permit carrying out an otherwise lawful implementation of the Applicants
to incidentally take federally activity.’’ To obtain an ITP, an applicant proposed HCP and issuance of the
endangered Indiana bats (Myotis must submit an HCP that specifies (1) requested permit as described above.
sodalis) and federally threatened the impact that will likely result from Reduced take alternative: The
northern long-eared bats (Myotis the taking; (2) what steps the applicant reduced take alternative evaluates
septentrionalis) that could result from will take to monitor, minimize and
potential modifications to the
operation, and decommissioning mitigate the impacts, and the funding
Applicants operating regime beyond
activities at the Applicant’s facility in that will be available to implement such
those proposed by the Applicant.
Vermilion County, Illinois. Included steps; (3) what alternative actions to the
with the application is a draft habitat taking the applicant considered and the Public Comments
conservation plan (HCP). The draft HCP reasons why the alternatives are not
All comments received, including
describes how take of Indiana and being utilized; and (4) how the
names and addresses, will become part
northern long-eared bats (covered applicant will carry out any other
of the administrative record and may be
species) will be minimized and measures that we may require as being
made available to the public. Before
mitigated to the maximum extent necessary or appropriate for purposes of
including your address, phone number,
practicable. The draft HCP also the HCP (50 CFR 17.22(b)(1)(iii); 50 CFR
email address, or other personal
describes the covered species’ life 17.32(b)(1)(iii)(C)). If we find, after
opportunity for public comment, with identifying information in your
history and ecology, biological goals and comment, you should be aware that
objectives, the estimated take and its respect to the permit application and
the related HCP, that (1) the taking will your entire comment, including your
potential impact on covered species personal identifying information, could
populations, adaptive management and be incidental; (2) the applicant will, to
the maximum extent practicable, be made publicly available at any time.
monitoring, and compensatory While you may request at the top of
mitigation. Also included is the minimize and mitigate the impacts of
such taking; (3) the applicant will your document that we withhold your
Service’s draft environmental personal identifying information from
assessment (EA), which describes ensure that adequate funding for the
HCP will be provided, as well as public review, we cannot guarantee that
possible alternatives to the proposed we will be able to do so.
permit action, including an analysis of procedures to deal with unforeseen
potential effects on the human circumstances; (4) the taking will not Next Steps
environment. We are seeking public appreciably reduce the likelihood of the
survival and recovery of the species in We will evaluate the draft HCP and
comments on the permit application, any comments we receive to determine
the wild; and (5) the measures, if any,
draft HCP, and draft EA. whether the permit application meets
required by us will be carried out; and
Endangered Species Act we have received assurances that the the requirements of section 10(a) of the
plan will be implemented, then we will ESA. We will also evaluate whether
Section 9 of the ESA prohibits ‘‘take’’ issue the applicant the requested permit issuance of the requested permit
of fish and wildlife species listed as (50 CFR 17.22, 17.32(b)(2)(i)). The complies with section 7 of the ESA by
endangered under section 4 (16 U.S.C. purpose of the HCP process and conducting an intra-Service ESA section
1538, and 1533, respectively). The ESA subsequent issuance of a permit is to 7 consultation. Our EA process will
implementing regulations extend, under authorize the incidental take of culminate with a decision by the
certain circumstances, the prohibition of threatened or endangered species, not to Service’s Midwest Region Regional
take to threatened species (50 CFR authorize the underlying activities that Director on one of the three alternatives
17.31). Under section 3 of the ESA, the result in take. This process ensures that found in the EA. Once an alternative is
term ‘‘take’’ means to harass, harm, the effects of the authorized incidental selected, the Regional Director will
pursue, hunt, shoot, wound, kill, trap, take will be adequately minimized and decide whether the alternative selected
capture, or collect, or attempt to engage mitigated to the maximum extent will significantly impact the quality of
in any such conduct (16 U.S.C. practicable. the human environment, as defined by
1532(19)). The term ‘‘harm’’ is defined the NEPA and its implementing
by regulation as an act which actually National Environmental Policy Act regulations. If he finds that the
kills or injures wildlife. Such act may The proposed issuance of a permit is alternative selected will not result in
include significant habitat modification a Federal action that triggers the need significant environmental impacts, he
or degradation where it actually kills or for compliance with the National will issue a ‘‘Finding No Significant
injures wildlife by significantly Environmental Policy Act of 1969, as Impact.’’ If he finds that the alternative
impairing essential behavioral patterns, amended (42 U.S.C. 4321 et seq.; selected will result in significant
asabaliauskas on DSK3SPTVN1PROD with NOTICES

including breeding, feeding, or NEPA). Pursuant to NEPA, we have environmental impacts, he will issue a
sheltering (50 CFR 17.3). The term prepared a draft EA to analyze the Notice of Intent to prepare an
‘‘harass’’ is defined in the regulations as environmental impacts of three Environmental Impact Statement (EIS).
an intentional or negligent act or alternatives related to the issuance of
Authority
omission which creates the likelihood of the requested permit and
injury to wildlife by annoying it to such implementation of the conservation This notice is provided pursuant to
an extent as to significantly disrupt program under the proposed HCP. The section 10(c) of the ESA and NEPA
normal behavioral patterns, which three alternatives analyzed in the EA are regulations (40 CFR 1506.6).

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13132 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

Dated: January 13, 2017. Commission also found that other beginning at 9:30 a.m. on Thursday,
Lori Nordstrom, circumstances warranted conducting June 22, 2017, at the U.S. International
Assistant Regional Director, Ecological full reviews. Accordingly, a full review Trade Commission Building. Requests
Services, Midwest Region. is being scheduled pursuant to section to appear at the hearing should be filed
[FR Doc. 2017–04663 Filed 3–8–17; 8:45 am] 751(c)(5) of the Tariff Act of 1930 (19 in writing with the Secretary to the
BILLING CODE 4333–15–P U.S.C. 1675(c)(5)). A record of the Commission on or before June 13, 2017.
Commissioners’ votes, the A nonparty who has testimony that may
Commission’s statement on adequacy, aid the Commission’s deliberations may
INTERNATIONAL TRADE and any individual Commissioner’s request permission to present a short
COMMISSION statements will be available from the statement at the hearing. All parties and
Office of the Secretary and at the nonparties desiring to appear at the
[Investigation No. 731–TA–663 (Fourth Commission’s Web site.
Review)]
hearing and make oral presentations
Participation in the review and public should participate in a prehearing
service list.—Persons, including
Paper Clips From China: Notice of conference to be held on June 16, 2017,
industrial users of the subject
Commission Determination To at the U.S. International Trade
merchandise and, if the merchandise is
Conduct a Full Five-Year Review and Commission Building, if deemed
sold at the retail level, representative
Scheduling of a Full Five-Year Review consumer organizations, wishing to necessary. Oral testimony and written
participate in this review as parties materials to be submitted at the public
AGENCY: United States International hearing are governed by sections
Trade Commission. must file an entry of appearance with
the Secretary to the Commission, as 201.6(b)(2), 201.13(f), 207.24, and
ACTION: Notice. 207.66 of the Commission’s rules.
provided in section 201.11 of the
SUMMARY: The Commission hereby gives Commission’s rules, by 45 days after Parties must submit any request to
notice of its determination to conduct, publication of this notice. A party that present a portion of their hearing
and scheduling of, a full review filed a notice of appearance following testimony in camera no later than 7
pursuant to the Tariff Act of 1930 (‘‘the publication of the Commission’s notice business days prior to the date of the
Act’’) to determine whether revocation of institution of the review need not file hearing.
of the antidumping duty order on paper an additional notice of appearance. The Written submissions.—Each party to
clips from China would be likely to lead Secretary will maintain a public service the review may submit a prehearing
to continuation or recurrence of material list containing the names and addresses brief to the Commission. Prehearing
injury within a reasonably foreseeable of all persons, or their representatives, briefs must conform with the provisions
time. The Commission has determined who are parties to the review. of section 207.65 of the Commission’s
to exercise its authority to extend the For further information concerning rules; the deadline for filing is June 13,
review period by up to 90 days. the conduct of this review and rules of 2017. Parties may also file written
DATES: Effective March 1, 2017.
general application, consult the testimony in connection with their
Commission’s Rules of Practice and presentation at the hearing, as provided
FOR FURTHER INFORMATION CONTACT: Fred
Procedure, part 201, subparts A and B in section 207.24 of the Commission’s
Ruggles ((202) 205–3187), Office of (19 CFR part 201), and part 207,
Investigations, U.S. International Trade rules, and posthearing briefs, which
subparts A, D, E, and F (19 CFR part must conform with the provisions of
Commission, 500 E Street SW., 207).
Washington, DC 20436. Hearing- section 207.67 of the Commission’s
Limited disclosure of business
impaired persons can obtain rules. The deadline for filing
proprietary information (BPI) under an
information on this matter by contacting administrative protective order (APO) posthearing briefs is July 3, 2017. In
the Commission’s TDD terminal on 202– and BPI service list.—Pursuant to addition, any person who has not
205–1810. Persons with mobility section 207.7(a) of the Commission’s entered an appearance as a party to the
impairments who will need special rules, the Secretary will make BPI review may submit a written statement
assistance in gaining access to the gathered in this review available to of information pertinent to the subject of
Commission should contact the Office authorized applicants under the APO the review on or before July 3, 2017. On
of the Secretary at 202–205–2000. issued in the review, provided that the July 27, 2017, the Commission will
General information concerning the application is made by 45 days after make available to parties all information
Commission may also be obtained by publication of this notice. Authorized on which they have not had an
accessing its internet server (https:// applicants must represent interested opportunity to comment. Parties may
www.usitc.gov). The public record for parties, as defined by 19 U.S.C. 1677(9), submit final comments on this
this review may be viewed on the who are parties to the review. A party information on or before July 31, 2017,
Commission’s electronic docket (EDIS) granted access to BPI following but such final comments must not
at https://edis.usitc.gov. publication of the Commission’s notice contain new factual information and
SUPPLEMENTARY INFORMATION: of institution of the review need not must otherwise comply with section
Background.—On September 6, 2016, reapply for such access. A separate 207.68 of the Commission’s rules. All
the Commission determined that it service list will be maintained by the written submissions must conform with
should proceed to a full review in the Secretary for those parties authorized to the provisions of section 201.8 of the
subject five-year review pursuant to Commission’s rules; any submissions
asabaliauskas on DSK3SPTVN1PROD with NOTICES

receive BPI under the APO.
section 751(c) of the Tariff Act of 1930 Staff report.—The prehearing staff that contain BPI must also conform with
(19 U.S.C. 1675(c)). The Commission report in the review will be placed in the requirements of sections 201.6,
found that the domestic interested party the nonpublic record on June 2, 2017, 207.3, and 207.7 of the Commission’s
group response to its notice of and a public version will be issued rules. The Commission’s Handbook on
institution (81 FR 35052, June 1, 2016) thereafter, pursuant to section 207.64 of E-Filing, available on the Commission’s
was adequate. The Commission found the Commission’s rules. Web site at https://www.usitc.gov/
that the respondent interested party Hearing.—The Commission will hold secretary/documents/handbook_on_
group response was inadequate. The a hearing in connection with the review filing_procedures.pdf, elaborates upon

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Document Created: 2017-03-09 04:59:20
Document Modified: 2017-03-09 04:59:20

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		Receipt of application; draft habitat conservation plan; draft environmental assessment; and request for comments.
Dates		To ensure consideration, please submit your comments on or before April 10, 2017.
FR Citation		82 FR 13130

82 FR 13130 - Hoopeston Wind Farm Draft Habitat Conservation Plan; Draft Environmental Assessment

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 45 (March 9, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service