82_FR_21489 82 FR 21402 - Low-Effect Habitat Conservation Plan for the Mount Hermon June Beetle at the Scotts Valley Middle School, Santa Cruz County, California

82 FR 21402 - Low-Effect Habitat Conservation Plan for the Mount Hermon June Beetle at the Scotts Valley Middle School, Santa Cruz County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range21402-21404
FR Document2017-09281

We, the U.S. Fish and Wildlife Service, have received an application from the Scotts Valley Middle School for a 10-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the federally endangered Mount Hermon June beetle likely to occur, incidental to the construction and renovation of buildings and infrastructure at the existing Scotts Valley Middle School in Scotts Valley, Santa Cruz County, California. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan for the Mount Hermon June Beetle.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21402-21404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09281]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N237; FXES11130800000-178-FF08EVEN00]


Low-Effect Habitat Conservation Plan for the Mount Hermon June 
Beetle at the Scotts Valley Middle School, Santa Cruz County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from the Scotts Valley Middle School for a 10-year 
incidental take permit under the Endangered Species Act of 1973, as 
amended (Act). The application addresses the potential for ``take'' of 
the federally endangered Mount Hermon June beetle likely to occur, 
incidental to the construction and renovation of buildings and 
infrastructure at the existing Scotts Valley Middle School in Scotts 
Valley, Santa Cruz County, California. We invite comments from the 
public on the application package, which includes a low-effect habitat 
conservation plan for the Mount Hermon June Beetle.

DATES: To ensure consideration, please send your written comments by 
June 7, 2017.

ADDRESSES: You may download a copy of the habitat conservation plan, 
draft environmental action statement and low-effect screening form, and 
related documents at http://www.fws.gov/ventura/, or you may request 
copies of the documents by U.S. mail to our Ventura office or by phone 
(see FOR FURTHER INFORMATION CONTACT). Please address written comments 
to Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, CA 93003. You may alternatively send comments by facsimile to 
(805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife 
Biologist, by U.S. mail to the Ventura office, or by telephone at (805) 
644-1766, extension 53328.

SUPPLEMENTARY INFORMATION: We have received an application from the 
Scotts Valley Middle School for a 10-year

[[Page 21403]]

incidental take permit under the Act (16 U.S.C. 1531 et seq.). The 
application addresses the potential for ``take'' of the federally 
endangered Mount Hermon June beetle (Polyphylla barbata) likely to 
occur incidental to the construction and renovation of buildings and 
infrastructure at the existing middle school, at 8 Bean Creek Road 
(APN: 022-561-03), Scotts Valley, Santa Cruz County, California. We 
invite comments from the public on the application package, which 
includes the low-effect habitat conservation plan for the Mount Hermon 
June Beetle. This proposed action has been determined to be eligible 
for a categorical exclusion under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 et seq.).

Background

    The U.S. Fish and Wildlife Service (Service) listed the Mount 
Hermon June beetle as endangered on January 24, 1997 (62 FR 3616). 
Section 9 of the Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations prohibit the take of fish or wildlife species listed as 
endangered or threatened. ``Take'' is defined under the Act to include 
the following activities: ``to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct'' (16 U.S.C. 1532); however, under section 10(a)(1)(B) of 
the Act, we may issue permits to authorize incidental take of listed 
species. The Act defines ``incidental take'' as take that is not the 
purpose of carrying out of an otherwise lawful activity. Regulations 
governing incidental take permits for threatened and endangered species 
are provided at 50 CFR 17.32 and 17.22, respectively. Issuance of an 
incidental take permit must not jeopardize the existence of federally 
listed fish, wildlife, or plant species.
    Take of listed plants is not prohibited under the Act unless such 
take would violate State law. As such, take of plants cannot be 
authorized under an incidental take permit. Plant species may be 
included on a permit in recognition of the conservation benefits 
provided them under a habitat conservation plan. All species, including 
plants, covered by the incidental take permit receive assurances under 
our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). 
In addition to meeting other specific criteria, actions undertaken 
through implementation of the habitat conservation plan (HCP) must not 
jeopardize the continued existence of federally listed animal or plant 
species.

Applicant's Proposal

    The Scotts Valley Middle School (hereafter, the applicant) has 
submitted a low-effect HCP in support of their application for an 
incidental take permit (ITP) to address take of the Mount Hermon June 
beetle that is likely to occur as the result of direct impacts on up to 
1.479 acres (ac) (64,456 square feet (sf)) of degraded sandhills 
habitat occupied by the species. Take would be associated with the 
construction and renovation of buildings and infrastructure on an 
existing parcel legally described as Assessor Parcel Number 022-561-03. 
The current site address is 8 Bean Creek Road in Scotts Valley, Santa 
Cruz County, California. The applicant is requesting a permit for take 
of Mount Hermon June beetle that would result from ``covered 
activities'' that are related to the construction and renovation of 
buildings and infrastructure at the existing middle school.
    The applicant proposes to avoid, minimize, and mitigate take of 
Mount Hermon June beetle associated with the covered activities by 
fully implementing the HCP. The following measures will be implemented: 
(1) Temporary fencing and signs will be installed to clearly delineate 
the boundaries of the project; (2) if construction occurs during the 
flight season (considered to be between May and August, annually), 
exposed soils will be covered with erosion control fabric or other 
impervious materials to prevent any dispersing Mount Hermon June 
beetles from burrowing into exposed soil at the construction site; (3) 
employment of a Service-approved entomologist to capture and relocate 
into suitable habitat and out of harm's way any Mount Hermon June 
beetle unearthed or observed during construction activities; (4) 
implementation of dust control measures, such as periodically wetting 
down work areas, will be used as necessary during construction and 
excavation to reduce impacts to the Mount Hermon June beetle; and (5) 
secure off-site mitigation at a ratio of 1:1 to mitigate for habitat 
impacts through the acquisition of 1.479 ac (64,456 sf) of conservation 
credits at the Zayante Sandhills Conservation Bank. The applicant will 
fund up to $1,012,085 to ensure implementation of all minimization 
measures, monitoring, and reporting requirements identified in the HCP.
    In the proposed HCP, the applicant considers two alternatives to 
the proposed action: ``No Action'' and ``Original Project.'' Under the 
``No Action'' alternative, an ITP for the modernization project would 
not be issued. Proposed improvements to the middle school campus would 
not be conducted, and the purchase of conservation credits would not be 
provided to effect recovery actions for Mount Hermon June beetle. The 
``No Action'' alternative would not result in necessary improvements to 
the middle school campus and would not result in a net benefit for the 
covered species; therefore, the ``No Action'' alternative has been 
rejected. Under the ``Original Project'' alternative, the project 
included additional improvements to the athletic field, significantly 
increasing impacts to existing suitable habitat for the species. Under 
this alternative approximately 3.973 acres of degraded habitat for the 
species would be impacted; thus, 3.973 acres of conservation credits 
would be required for purchase. Scotts Valley Middle School concluded 
that expending funds associated with mitigating impacts were 
impractical; therefore, the ``Original Project'' alternative has also 
been rejected.

Our Preliminary Determination

    We are requesting comments on our preliminary determination that 
the applicant's proposal will have a minor or negligible effect on the 
Mount Hermon June beetle and that the plan qualifies as a low-effect 
HCP as defined by our Habitat Conservation Planning Handbook. We base 
our determinations on three criteria: (1) Implementation of the 
proposed project as described in the HCP would result in minor or 
negligible effects on federally listed, proposed, and/or candidate 
species and their habitats; (2) implementation of the HCP would result 
in minor or negligible effects on other environmental values or 
resources; and (3) HCP impacts, considered together with those of other 
past, present, and reasonably foreseeable future projects, would not 
result in cumulatively significant effects. In our analysis of these 
criteria, we have made a preliminary determination that the approval of 
the HCP and issuance of an ITP qualify for categorical exclusion under 
the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.), 
as provided by the Department of the Interior implementing regulations 
in part 46 of title 43 of the Code of Federal Regulations (43 CFR 
46.205, 46.210, and 46.215). However, based upon our review of public 
comments that we receive in response to this notice, this preliminary 
determination may be revised.

[[Page 21404]]

Next Steps

    We will evaluate the permit application, including the plan and 
comments we receive, to determine whether the application meets the 
requirements of section 10(a)(1)(B) of the Act. We will also evaluate 
whether issuance of the ITP would comply with section 7(a)(2) of the 
Act by conducting an intra-Service Section 7 consultation.

Public Review

    We provide this notice under section 10(c) of the Act and the 
National Environmental Policy Act of 1969, as amended (NEPA), NEPA's 
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 
1506.6). We are requesting comments on our determination that the 
applicants' proposal will have a minor or neglible effect on the Mount 
Hermon June beetle and that the plan qualifies as a low-effect HCP as 
defined by our 1996 Habitat Conservation Planning Handbook. We will 
evaluate the permit application, including the plan and comments we 
receive, to determine whether the application meets the requirements of 
section 10(a)(1)(B) of the Act. We will use the results of our internal 
Service consultation, in combination with the above findings, in our 
final analysis to determine whether to issue the permits. If the 
requirements are met, we will issue an ITP to the applicant for the 
incidental take of Mount Hermon June beetle. We will make the final 
permit decision no sooner than 30 days after the date of this notice.

Public Comments

    If you wish to comment on the permit application, plans, and 
associated documents, you may submit comments by any one of the methods 
in ADDRESSES.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.

Authority

    We provide this notice under section 10 of the Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: May 2, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-09281 Filed 5-5-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                    21402                                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices

                                                    Lymphatics in Health and Disease in the                               DEPARTMENT OF HEALTH AND                                      applicants and recipients to ensure that
                                                    Digestive System, Kidney and Urinary.                                 HUMAN SERVICES                                                they have included all required
                                                       Date: June 2, 2017.                                                                                                              information necessary to process new
                                                       Time: 2:00 p.m. to 3:30 p.m.                                       Substance Abuse and Mental Health                             and continuation applications as well as
                                                       Agenda: To review and evaluate grant                               Services Administration                                       the name, title, and phone number of
                                                    applications.                                                                                                                       the current business official and project
                                                       Place: National Institutes of Health, 6701                         Agency Information Collection                                 director responsible for carrying out the
                                                    Rockledge Drive, Bethesda, MD 20892                                   Activities: Submission for OMB                                project. Checklist information
                                                    (Telephone Conference Call).                                          Review; Comment Request                                       concerning the type of application is
                                                       Contact Person: Jianxin Hu, Ph.D.,                                                                                               also needed since new, competing
                                                                                                                            Periodically, the Substance Abuse and
                                                    Scientific Review Officer, Center for                                                                                               continuation; noncompeting
                                                                                                                          Mental Health Services Administration
                                                    Scientific Review, National Institutes of                                                                                           continuation and supplemental
                                                                                                                          (SAMHSA) will publish a summary of
                                                    Health, 6701 Rockledge Drive, Room 2156,                                                                                            applications are separated and reviewed
                                                                                                                          information collection requests under
                                                    Bethesda, MD 20892, 301–827–4417,                                                                                                   differently. The checklist data helps to
                                                                                                                          OMB review, in compliance with the
                                                    jianxinh@csr.nih.gov.                                                                                                               reduce the time required to process and
                                                                                                                          Paperwork Reduction Act (44 U.S.C.
                                                    (Catalogue of Federal Domestic Assistance                             Chapter 35). To request a copy of these                       review grant applications, expediting
                                                    Program Nos. 93.306, Comparative Medicine;                            documents, call the SAMHSA Reports                            the issuance of grant awards as well as
                                                    93.333, Clinical Research, 93.306, 93.333,                            Clearance Officer on (240) 276–1243.                          ensure collection of essential recipient
                                                    93.337, 93.393–93.396, 93.837–93.844,                                   Proposed Project: SAMHSA Checklist                          contact information that is not collected
                                                    93.846–93.878, 93.892, 93.893, National                               for SF–5161 (OMB No. 0930–0367)—                              elsewhere.
                                                    Institutes of Health, HHS)                                            REVISION                                                         This data collection has been
                                                      Dated: May 3, 2017.                                                   The Substance Abuse and Mental                              transferred from HHS to SAMHSA.
                                                    Natasha M. Copeland,                                                  Health Services Administration
                                                                                                                          (SAMHSA) is requesting a revision from                           The checklist is part of the standard
                                                    Program Analyst, Office of Federal Advisory                                                                                         application (SF–5161) for State and
                                                                                                                          the Office of Management and Budget
                                                    Committee Policy.                                                                                                                   local governments and for private non-
                                                                                                                          (OMB) for the SF–5161—Checklist.
                                                    [FR Doc. 2017–09289 Filed 5–5–17; 8:45 am]
                                                                                                                          SAMHSA is requesting approval to only                         profit and for-profit organizations when
                                                    BILLING CODE 4140–01–P                                                collect information on the Checklist and                      applying for health services projects.
                                                                                                                          not the Narrative. The Checklist assists                         Below is the annualized burden table:

                                                                                                                                                                                                            Average        Total
                                                                                                                                                                     Number of       Response per         burden per
                                                                                                     Forms                                                                                                                burden
                                                                                                                                                                    respondents       respondent           response     (in hours)
                                                                                                                                                                                                           (in hours)

                                                    Program Checklist ...........................................................................................         2,669             1                 .3           801



                                                      Written comments and                                                DEPARTMENT OF THE INTERIOR                                    application package, which includes a
                                                    recommendations concerning the                                                                                                      low-effect habitat conservation plan for
                                                    proposed information collection should                                Fish and Wildlife Service                                     the Mount Hermon June Beetle.
                                                    be sent by June 7, 2017 to the SAMHSA                                                                                               DATES: To ensure consideration, please
                                                    Desk Officer at the Office of Information                             [FWS–R8–ES–2017–N237;
                                                                                                                          FXES11130800000–178–FF08EVEN00]
                                                                                                                                                                                        send your written comments by June 7,
                                                    and Regulatory Affairs, Office of                                                                                                   2017.
                                                    Management and Budget (OMB). To                                       Low-Effect Habitat Conservation Plan                          ADDRESSES: You may download a copy
                                                    ensure timely receipt of comments, and                                for the Mount Hermon June Beetle at                           of the habitat conservation plan, draft
                                                    to avoid potential delays in OMB’s                                    the Scotts Valley Middle School, Santa                        environmental action statement and
                                                    receipt and processing of mail sent                                   Cruz County, California                                       low-effect screening form, and related
                                                    through the U.S. Postal Service,                                                                                                    documents at http://www.fws.gov/
                                                    commenters are encouraged to submit                                   AGENCY:   Fish and Wildlife Service,                          ventura/, or you may request copies of
                                                    their comments to OMB via email to:                                   Interior.                                                     the documents by U.S. mail to our
                                                    OIRA_Submission@omb.eop.gov.                                          ACTION: Notice of availability; request                       Ventura office or by phone (see FOR
                                                    Although commenters are encouraged to                                 for comment.                                                  FURTHER INFORMATION CONTACT). Please
                                                    send their comments via email,                                                                                                      address written comments to Stephen P.
                                                                                                                          SUMMARY:     We, the U.S. Fish and
                                                    commenters may also fax their                                                                                                       Henry, Field Supervisor, Ventura Fish
                                                                                                                          Wildlife Service, have received an
                                                    comments to: 202–395–7285.                                                                                                          and Wildlife Office, U.S. Fish and
                                                                                                                          application from the Scotts Valley
                                                    Commenters may also mail them to:                                                                                                   Wildlife Service, 2493 Portola Road,
                                                                                                                          Middle School for a 10-year incidental
                                                    Office of Management and Budget,                                                                                                    Suite B, Ventura, CA 93003. You may
                                                                                                                          take permit under the Endangered
                                                    Office of Information and Regulatory                                                                                                alternatively send comments by
                                                                                                                          Species Act of 1973, as amended (Act).
                                                    Affairs, New Executive Office Building,                                                                                             facsimile to (805) 644–3958.
                                                                                                                          The application addresses the potential
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Room 10102, Washington, DC 20503.                                     for ‘‘take’’ of the federally endangered                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                          Mount Hermon June beetle likely to                            Chad Mitcham, Fish and Wildlife
                                                    Summer King,                                                                                                                        Biologist, by U.S. mail to the Ventura
                                                                                                                          occur, incidental to the construction
                                                    Statistician.                                                         and renovation of buildings and                               office, or by telephone at (805) 644–
                                                    [FR Doc. 2017–09254 Filed 5–5–17; 8:45 am]                            infrastructure at the existing Scotts                         1766, extension 53328.
                                                    BILLING CODE 4162–20–P                                                Valley Middle School in Scotts Valley,                        SUPPLEMENTARY INFORMATION: We have
                                                                                                                          Santa Cruz County, California. We                             received an application from the Scotts
                                                                                                                          invite comments from the public on the                        Valley Middle School for a 10-year


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                                                                                    Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices                                               21403

                                                    incidental take permit under the Act (16                Applicant’s Proposal                                  modernization project would not be
                                                    U.S.C. 1531 et seq.). The application                      The Scotts Valley Middle School                    issued. Proposed improvements to the
                                                    addresses the potential for ‘‘take’’ of the             (hereafter, the applicant) has submitted              middle school campus would not be
                                                    federally endangered Mount Hermon                       a low-effect HCP in support of their                  conducted, and the purchase of
                                                    June beetle (Polyphylla barbata) likely                 application for an incidental take permit             conservation credits would not be
                                                    to occur incidental to the construction                 (ITP) to address take of the Mount                    provided to effect recovery actions for
                                                    and renovation of buildings and                         Hermon June beetle that is likely to                  Mount Hermon June beetle. The ‘‘No
                                                    infrastructure at the existing middle                   occur as the result of direct impacts on              Action’’ alternative would not result in
                                                    school, at 8 Bean Creek Road (APN:                      up to 1.479 acres (ac) (64,456 square feet            necessary improvements to the middle
                                                    022–561–03), Scotts Valley, Santa Cruz                  (sf)) of degraded sandhills habitat                   school campus and would not result in
                                                    County, California. We invite comments                  occupied by the species. Take would be                a net benefit for the covered species;
                                                    from the public on the application                      associated with the construction and                  therefore, the ‘‘No Action’’ alternative
                                                    package, which includes the low-effect                  renovation of buildings and                           has been rejected. Under the ‘‘Original
                                                    habitat conservation plan for the Mount                                                                       Project’’ alternative, the project
                                                                                                            infrastructure on an existing parcel
                                                    Hermon June Beetle. This proposed                                                                             included additional improvements to
                                                                                                            legally described as Assessor Parcel
                                                    action has been determined to be                                                                              the athletic field, significantly
                                                                                                            Number 022–561–03. The current site
                                                    eligible for a categorical exclusion under
                                                                                                            address is 8 Bean Creek Road in Scotts                increasing impacts to existing suitable
                                                    the National Environmental Policy Act
                                                                                                            Valley, Santa Cruz County, California.                habitat for the species. Under this
                                                    of 1969, as amended (42 U.S.C. 4321 et
                                                                                                            The applicant is requesting a permit for              alternative approximately 3.973 acres of
                                                    seq.).
                                                                                                            take of Mount Hermon June beetle that                 degraded habitat for the species would
                                                    Background                                              would result from ‘‘covered activities’’              be impacted; thus, 3.973 acres of
                                                       The U.S. Fish and Wildlife Service                   that are related to the construction and              conservation credits would be required
                                                    (Service) listed the Mount Hermon June                  renovation of buildings and                           for purchase. Scotts Valley Middle
                                                    beetle as endangered on January 24,                     infrastructure at the existing middle                 School concluded that expending funds
                                                    1997 (62 FR 3616). Section 9 of the Act                 school.                                               associated with mitigating impacts were
                                                    (16 U.S.C. 1531 et seq.) and its                           The applicant proposes to avoid,                   impractical; therefore, the ‘‘Original
                                                    implementing regulations prohibit the                   minimize, and mitigate take of Mount                  Project’’ alternative has also been
                                                    take of fish or wildlife species listed as              Hermon June beetle associated with the                rejected.
                                                    endangered or threatened. ‘‘Take’’ is                   covered activities by fully implementing
                                                    defined under the Act to include the                    the HCP. The following measures will                  Our Preliminary Determination
                                                    following activities: ‘‘to harass, harm,                be implemented: (1) Temporary fencing
                                                                                                            and signs will be installed to clearly                   We are requesting comments on our
                                                    pursue, hunt, shoot, wound, kill, trap,                                                                       preliminary determination that the
                                                    capture, or collect, or to attempt to                   delineate the boundaries of the project;
                                                                                                            (2) if construction occurs during the                 applicant’s proposal will have a minor
                                                    engage in any such conduct’’ (16 U.S.C.                                                                       or negligible effect on the Mount
                                                    1532); however, under section                           flight season (considered to be between
                                                                                                            May and August, annually), exposed                    Hermon June beetle and that the plan
                                                    10(a)(1)(B) of the Act, we may issue                                                                          qualifies as a low-effect HCP as defined
                                                    permits to authorize incidental take of                 soils will be covered with erosion
                                                                                                            control fabric or other impervious                    by our Habitat Conservation Planning
                                                    listed species. The Act defines                                                                               Handbook. We base our determinations
                                                    ‘‘incidental take’’ as take that is not the             materials to prevent any dispersing
                                                                                                            Mount Hermon June beetles from                        on three criteria: (1) Implementation of
                                                    purpose of carrying out of an otherwise
                                                                                                            burrowing into exposed soil at the                    the proposed project as described in the
                                                    lawful activity. Regulations governing
                                                                                                            construction site; (3) employment of a                HCP would result in minor or negligible
                                                    incidental take permits for threatened
                                                                                                            Service-approved entomologist to                      effects on federally listed, proposed,
                                                    and endangered species are provided at
                                                    50 CFR 17.32 and 17.22, respectively.                   capture and relocate into suitable                    and/or candidate species and their
                                                    Issuance of an incidental take permit                   habitat and out of harm’s way any                     habitats; (2) implementation of the HCP
                                                    must not jeopardize the existence of                    Mount Hermon June beetle unearthed or                 would result in minor or negligible
                                                    federally listed fish, wildlife, or plant               observed during construction activities;              effects on other environmental values or
                                                    species.                                                (4) implementation of dust control                    resources; and (3) HCP impacts,
                                                       Take of listed plants is not prohibited              measures, such as periodically wetting                considered together with those of other
                                                    under the Act unless such take would                    down work areas, will be used as                      past, present, and reasonably
                                                    violate State law. As such, take of plants              necessary during construction and                     foreseeable future projects, would not
                                                    cannot be authorized under an                           excavation to reduce impacts to the                   result in cumulatively significant
                                                    incidental take permit. Plant species                   Mount Hermon June beetle; and (5)                     effects. In our analysis of these criteria,
                                                    may be included on a permit in                          secure off-site mitigation at a ratio of 1:1          we have made a preliminary
                                                    recognition of the conservation benefits                to mitigate for habitat impacts through               determination that the approval of the
                                                    provided them under a habitat                           the acquisition of 1.479 ac (64,456 sf) of            HCP and issuance of an ITP qualify for
                                                    conservation plan. All species,                         conservation credits at the Zayante                   categorical exclusion under the National
                                                    including plants, covered by the                        Sandhills Conservation Bank. The                      Environmental Policy Act (NEPA) (42
                                                    incidental take permit receive                          applicant will fund up to $1,012,085 to               U.S.C. 4321 et seq.), as provided by the
                                                    assurances under our ‘‘No Surprises’’                   ensure implementation of all                          Department of the Interior
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    regulations (50 CFR 17.22(b)(5) and                     minimization measures, monitoring,                    implementing regulations in part 46 of
                                                    17.32(b)(5)). In addition to meeting                    and reporting requirements identified in              title 43 of the Code of Federal
                                                    other specific criteria, actions                        the HCP.                                              Regulations (43 CFR 46.205, 46.210, and
                                                    undertaken through implementation of                       In the proposed HCP, the applicant                 46.215). However, based upon our
                                                    the habitat conservation plan (HCP)                     considers two alternatives to the                     review of public comments that we
                                                    must not jeopardize the continued                       proposed action: ‘‘No Action’’ and                    receive in response to this notice, this
                                                    existence of federally listed animal or                 ‘‘Original Project.’’ Under the ‘‘No                  preliminary determination may be
                                                    plant species.                                          Action’’ alternative, an ITP for the                  revised.


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                                                    21404                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices

                                                    Next Steps                                                Dated: May 2, 2017.                                 christopher.robinson@usitc.gov). For
                                                                                                            Stephen P. Henry,                                     information on the legal aspects of these
                                                       We will evaluate the permit                                                                                investigations, contact William Gearhart
                                                                                                            Field Supervisor, Ventura Fish and Wildlife
                                                    application, including the plan and                     Office, Ventura, California.                          of the Commission’s Office of the
                                                    comments we receive, to determine                                                                             General Counsel (202–205–3091 or
                                                                                                            [FR Doc. 2017–09281 Filed 5–5–17; 8:45 am]
                                                    whether the application meets the                                                                             william.gearhart@usitc.gov). The media
                                                                                                            BILLING CODE 4333–15–P
                                                    requirements of section 10(a)(1)(B) of                                                                        should contact Margaret O’Laughlin,
                                                    the Act. We will also evaluate whether                                                                        Office of External Relations (202–205–
                                                    issuance of the ITP would comply with                                                                         1819 or margaret.olaughlin@usitc.gov).
                                                    section 7(a)(2) of the Act by conducting                INTERNATIONAL TRADE
                                                                                                            COMMISSION                                            Hearing-impaired individuals may
                                                    an intra-Service Section 7 consultation.                                                                      obtain information on this matter by
                                                                                                            [Investigation No. 332–562 and                        contacting the Commission’s TDD
                                                    Public Review
                                                                                                            Investigation No. 332–563 ]                           terminal at 202–205–1810. General
                                                       We provide this notice under section                                                                       information concerning the Commission
                                                    10(c) of the Act and the National                       Global Digital Trade 2: The Business-
                                                                                                            to-Business Market, Key Foreign Trade                 may also be obtained by accessing its
                                                    Environmental Policy Act of 1969, as                                                                          Web site (https://www.usitc.gov).
                                                    amended (NEPA), NEPA’s public                           Restrictions, and U.S.
                                                                                                            Competitiveness; and Global Digital                   Persons with mobility impairments who
                                                    involvement regulations (40 CFR                                                                               will need special assistance in gaining
                                                    1500.1(b), 1500.2(d), and 1506.6). We                   Trade 3: The Business-to-Consumer
                                                                                                            Market, Key Foreign Trade                             access to the Commission should
                                                    are requesting comments on our                                                                                contact the Office of the Secretary at
                                                    determination that the applicants’                      Restrictions, and U.S.
                                                                                                            Competitiveness; Institution of                       202–205–2002.
                                                    proposal will have a minor or neglible                                                                        SUPPLEMENTARY INFORMATION:
                                                    effect on the Mount Hermon June beetle                  investigations
                                                                                                                                                                     Background: As indicated above, in
                                                    and that the plan qualifies as a low-                   AGENCY:  United States International                  his letter on January 13, 2017, the USTR
                                                    effect HCP as defined by our 1996                       Trade Commission.                                     requested that the Commission conduct
                                                    Habitat Conservation Planning                           ACTION: Institution of two additional                 three investigations and prepare three
                                                    Handbook. We will evaluate the permit                   investigations.                                       reports relating to global digital trade.
                                                    application, including the plan and                                                                           The Commission instituted the first of
                                                    comments we receive, to determine                       SUMMARY:    In response to the request                these investigations, Global Digital
                                                    whether the application meets the                       from the U.S. Trade Representative                    Trade 1: Market Opportunities and Key
                                                    requirements of section 10(a)(1)(B) of                  (USTR) dated January 13, 2017 under                   Foreign Trade Restrictions, on February
                                                    the Act. We will use the results of our                 section 332(g) of the Tariff Act of 1930,             6, 2017 and published notice of the
                                                    internal Service consultation, in                       the U.S. International Trade                          investigation in the Federal Register on
                                                    combination with the above findings, in                 Commission has instituted the second                  February 10, 2017 (82 FR 10397). The
                                                    our final analysis to determine whether                 and third of three investigations on                  Commission held a public hearing in
                                                    to issue the permits. If the requirements               global digital trade: investigation No.               the first investigation on April 4, 2017,
                                                    are met, we will issue an ITP to the                    332–562, Global Digital Trade 2: The                  and is to transmit its report in that
                                                    applicant for the incidental take of                    Business-to-Business Market, Key                      investigation to the USTR by August 29,
                                                    Mount Hermon June beetle. We will                       Foreign Trade Restrictions, and U.S.                  2017. For more information about the
                                                    make the final permit decision no                       Competitiveness; and investigation No.                first investigation, including deadlines
                                                    sooner than 30 days after the date of this              332–563, Global Digital Trade 3: The                  for filing briefs, statements, and other
                                                    notice.                                                 Business-to-Consumer Market, Key                      written submissions in that
                                                    Public Comments                                         Foreign Trade Restrictions, and U.S.                  investigation, see the Commission’s
                                                                                                            Competitiveness. The Commission will                  notice published in the Federal Register
                                                      If you wish to comment on the permit                  schedule a public hearing and provide                 and posted on the Commission’s Web
                                                    application, plans, and associated                      opportunity for the public to file written            site at http://www.usitc.gov.
                                                    documents, you may submit comments                      submissions in connection with both                      The Commission is now announcing
                                                    by any one of the methods in                            investigations, with dates and                        the institution of the second and third
                                                    ADDRESSES.                                              procedures relating to both announced                 investigations in this series. As
                                                                                                            in a later notice.                                    requested by the USTR, the
                                                    Public Availability of Comments
                                                                                                            DATES:                                                Commission’s report on the second
                                                      Before including your address, phone                  October 29, 2018: Expected transmittal                investigation, titled Global Digital Trade
                                                    number, email address, or other                           of the Global Digital Trade 2 report to             2: The Business-to-Business Market, Key
                                                    personal identifying information in your                  the USTR.                                           Foreign Trade Restrictions, and U.S.
                                                    comment, you should be aware that                       March 29, 2019: Expected transmittal of               Competitiveness, will build on the first
                                                    your entire comment—including your                        the Global Digital Trade 3 report to                report to:
                                                    personal identifying information—may                      the USTR.                                              • Provide qualitative, and to the
                                                    be made publicly available at any time.                 FOR FURTHER INFORMATION CONTACT: For                  extent possible, quantitative analysis of
                                                    While you can ask us in your comment                    information relating to Global Digital                measures in key foreign markets
                                                    to withhold your personal identifying                   Trade 2, contact co-Project Leaders Dan               (identified in the first report) that affect
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    information from public view, we                        Kim (202–205–3234 or dan.kim@                         the ability of U.S. firms to develop and/
                                                    cannot guarantee that we will be able to                usitc.gov) and Alissa Tafti (202–205–                 or supply business-to-business digital
                                                    do so.                                                  3244 or alissa.tafti@usitc.gov); and for              products and services abroad; and
                                                    Authority                                               information relating to Global Digital                   • Assess, using case studies or other
                                                                                                            Trade 3, contact Project Leader Ricky                 qualitative and quantitative methods,
                                                      We provide this notice under section                  Ubee (202–205–3493 or ravinder.ubee@                  the impact of these measures on the
                                                    10 of the Act (16 U.S.C. 1531 et seq.)                  usitc.gov) or Deputy Project Leader                   competitiveness of U.S. firms engaged
                                                    and NEPA regulations (40 CFR 1506.6).                   Christopher Robinson (202–205–2602 or                 in the sale of digital products and


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Document Created: 2017-05-06 02:22:07
Document Modified: 2017-05-06 02:22:07
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 comment.
DatesTo ensure consideration, please send your written comments by June 7, 2017.
ContactChad Mitcham, Fish and Wildlife Biologist, by U.S. mail to the Ventura office, or by telephone at (805) 644-1766, extension 53328.
FR Citation82 FR 21402 

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