82_FR_22244 82 FR 22153 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Draft Habitat Conservation Plan for the R-Project Transmission Line and Draft Environmental Impact Statement

82 FR 22153 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Draft Habitat Conservation Plan for the R-Project Transmission Line and Draft Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range22153-22155
FR Document2017-09366

The Nebraska Public Power District (NPPD) has applied for an incidental take permit under the Endangered Species Act (ESA) for the R-Project transmission line in north-central Nebraska. If issued, the permit would authorize the take of the federally endangered American burying beetle incidental to the construction, operation, and maintenance of the transmission line. We, the U.S. Fish and Wildlife Service (Service), announce the availability of the following documents related to the NPPD incidental take permit application for review and comment by the public and Federal, Tribal, State, and local governments: Draft Habitat Conservation Plan for the R-Project Transmission Line in Nebraska (HCP); Draft Environment Impact Statement of the R-Project HCP (DEIS); Draft Migratory Bird Conservation Plan (MBCP); and Draft Restoration Management Plan.

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Notices]
[Pages 22153-22155]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09366]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R6-ES-2014-0048; FF06E220000-178-FXES11140600000]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Draft Habitat Conservation Plan for the R-Project 
Transmission Line and Draft Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Nebraska Public Power District (NPPD) has applied for an 
incidental take permit under the Endangered Species Act (ESA) for the 
R-Project transmission line in north-central Nebraska. If issued, the 
permit would authorize the take of the federally endangered American 
burying beetle incidental to the construction, operation, and 
maintenance of the transmission line. We, the U.S. Fish and Wildlife 
Service (Service), announce the availability of the following documents 
related to the NPPD incidental take permit application for review and 
comment by the public and Federal, Tribal, State, and local 
governments: Draft Habitat Conservation Plan for the R-Project 
Transmission Line in Nebraska (HCP); Draft Environment Impact Statement 
of the R-Project HCP (DEIS); Draft Migratory Bird Conservation Plan 
(MBCP); and Draft Restoration Management Plan.

DATES: Comment submission: Written comments must be submitted by July 
11, 2017.
    Public meetings: We are holding three public meetings to share 
information and allow the public to provide oral and written comments 
on the DEIS and draft HCP. The meetings will be held from 7 p.m. to 9 
p.m. on:
     Monday, June 12, 2017--Sutherland, NE.
     Tuesday, June 13, 2017--Thedford, NE.
     Wednesday, June 14, 2017--Burwell, NE.
    Persons needing reasonable accommodations to attend and participate 
in the public meetings should contact Eliza Hines (see FOR FURTHER 
INFORMATION CONTACT). To allow sufficient time to process requests, 
please call no later than one week before the meeting.

ADDRESSES: Document availability: The draft HCP, DEIS, draft MBCP and 
draft Restoration Management Plan are available via the Internet at the 
Federal eRulemaking Portal (www.regulations.gov) in Docket No. FWS-R6-
ES-2014-0048. Information regarding the DEIS and accompanying documents 
is available in alternative formats upon request (see FOR FURTHER 
INFORMATION CONTACT). Documents will also be available for public 
inspection by appointment (call 308-382-6468 extension 204) during 
normal business hours at the U.S. Fish and Wildlife Service, Nebraska 
Field Office, 9325 South Alda Road, Wood River, NE 68883.
    Submitting comments: To send written comments, please use one of 
the following methods, and note that your information requests or 
comments are in reference to the draft HCP. Please specify which 
documents your comment addresses: the DEIS, draft HCP, draft MBCP, or 
draft Restoration Management Plan.
     Internet: Submit comments at http://www.regulations.gov to 
Docket Number FWS-R6-ES-2014-0048.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R6-ES-2014-0048; U.S. Fish and Wildlife Service Headquarters, MS: 
BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    Public meetings: The public meetings discussed above in DATES will 
be held at the following locations in Nebraska:
     Burwell: American Legion Hall, 657 G Street, Burwell, NE 
68823.
     Sutherland: Village Municipal Offices, 1200 First Street, 
Sutherland, NE 69165.
     Thedford: Thomas County Fairgrounds, 8386 Hwy 83, 
Thedford, NE 69166.

FOR FURTHER INFORMATION CONTACT: Eliza Hines, 308-382-6468 extension 
204 (phone) or [email protected] (email). If you use a 
telecommunications device for the deaf, hard-of-hearing, or speech 
disabled, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We received an application from NPPD for an 
incidental take permit to authorize the incidental take of the 
federally endangered American burying beetle resulting from the 
construction, operation, and maintenance of the proposed R-Project 
transmission line and substations. The 345-kilovolt R-Project 
transmission line would be approximately 225 miles long in north-
central Nebraska. As part of its application, NPPD prepared a draft HCP 
that describes actions to avoid, minimize, and mitigate impacts of 
incidental take of the American burying beetle. NPPD also prepared a 
Draft Restoration Management Plan to outline

[[Page 22154]]

restoration plans for beetle habitat as well as other habitats impacted 
by the R-Project. Additionally, NPPD developed a MBCP to address 
impacts to migratory birds and bald and golden eagles in a good faith 
effort to comply with the Migratory Bird Treaty Act and the Bald and 
Golden Eagle Protection Act.
    In the DEIS, we analyze the potential impacts to the natural and 
human environment from implementing the proposed HCP and issuing the 
permit and from implementing the two alternatives to the proposed 
action. The DEIS also identifies alternatives that we considered but 
eliminated from further analysis.

Background

    Section 9 of the ESA prohibits take of fish and wildlife species 
listed as endangered (16 U.S.C. 1538). 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 in title 
50 of the Code of Federal Regulations as ``an act which actually kills 
or injures wildlife. Such acts 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(a) of the ESA, the Service may issue permits to 
authorize incidental take of 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. 
Section 10(a)(1)(B) of the ESA contains provisions for issuing 
incidental take permits to non-Federal entities for the incidental take 
of endangered and threatened species, provided the following criteria 
are met:
     The taking will be incidental.
     The applicant will minimize and mitigate, to the maximum 
extent practicable, the impact of such taking.
     The applicant will develop an HCP and ensure that adequate 
funding for the plan will be provided.
     The taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild.
     The applicant will carry out any other measures that the 
Secretary of the Interior may require as being necessary or appropriate 
for the purposes of the HCP.
Regulations governing permits for endangered species are at 50 CFR 
17.22.
    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) requires that Federal agencies conduct an environmental analysis 
of their proposed actions to determine whether the actions may 
significantly affect the human environment. Under NEPA and its 
implementing regulations (40 CFR 1500 et seq.), Federal agencies must 
also compare effects of a reasonable range of alternatives to the 
proposed action. In these analyses, the Federal agency will identify 
potentially significant direct, indirect, and cumulative effects, as 
well as possible mitigation for any significant effects, on biological 
resources, land use, air quality, water resources, socioeconomics, 
environmental justice, cultural resources, and other environmental 
resources that could occur with the implementation of the proposed 
action and alternatives. In accordance with NEPA, we prepared a DEIS to 
analyze the impacts to the natural and human environment that may occur 
if the Service were to issue the permit and NPPD were to implement the 
proposed R-Project HCP. We announced scoping for the DEIS in the 
Federal Register of October 30, 2014 (79 FR 64619).

Proposed Action

    We propose to issue a 50-year permit for incidental take of the 
American burying beetle if NPPD's HCP meets all the section 10(a)(1)(B) 
permit issuance criteria. The permit would authorize take of the 
American burying beetle incidental to the proposed construction, 
operation, and maintenance, including emergency repairs, of the R-
Project. NPPD would avoid the incidental take of other federally listed 
species by implementing avoidance measures presented in the draft HCP.
    The permit area for the HCP is determined by the geographical area 
within which incidental take is expected to occur. The proposed permit 
area includes 1 mile on each side of the R-Project centerline from 
Stapleton, Nebraska, north to the Thedford Substation. The permit area 
also includes 4 miles on each side of the centerline from the Thedford 
Substation east to a new Holt County Substation. The varying permit 
area width incorporates all potential incidental take that may occur 
outside the transmission line right-of-way resulting from construction 
access, temporary work areas, staging sites, fly yards, or other ground 
disturbance from construction and maintenance.
    The proposed R-Project transmission line would be constructed with 
tubular steel monopoles and steel lattice towers. Tubular steel 
monopoles require large equipment for installation and would be used 
where adequate access and established roads exist. Steel lattice towers 
would be used in the Sandhills where access routes are limited or do 
not exist. Lattice towers can be constructed with less overall effect 
on the surrounding area because smaller equipment and helicopter 
construction can be used.
    The draft HCP describes a number of measures that NPPD would 
implement to avoid and minimize the incidental take of the beetle 
during construction, operations, and maintenance of the R-Project. 
Measures associated with restoration of beetle habitat, as well as 
other habitats, are outlined in the Restoration Management Plan. The 
HCP also commits NPPD to provide mitigation lands to conserve beetle 
habitat to fully offset temporary and permanent impacts of the 
remaining take. With these measures, construction of the R-Project 
would permanently destroy 33 acres of American burying beetle habitat 
and temporarily disturb an additional 1,250 acres of American burying 
beetle habitat over the term of the permit. NPPD would work with the 
Service to secure at least 500 acres of occupied American burying 
beetle habitat in perpetuity.

Alternatives Analyzed in the DEIS

    In the DEIS, we also evaluate the effects on the natural and human 
environment from two alternatives to the proposed action: (1) No action 
(i.e., no permit issuance), and (2) construction of the R-Project using 
only steel tubular monopole structures. Construction of tubular steel 
monopoles would require access roads to support heavy equipment. NPPD 
would construct temporary access routes where adequate ones do not 
exist. Associated levels of ground disturbance would require the permit 
to authorize higher levels of incidental take of the American burying 
beetle, and an associated HCP would need to expand conservation 
measures to minimize and fully offset the impacts of the incidental 
take.
    The DEIS considers the direct, indirect, and cumulative effects of 
the two action alternatives, including measures intended to avoid, 
minimize, and mitigate such impacts. The DEIS also identifies 
alternative routing options that the Service considered but eliminated 
from detailed analysis.

[[Page 22155]]

    The Service invites comments and suggestions from interested 
parties on the content of the DEIS. In particular, information and 
comments regarding the following topics are requested:
    1. The direct, indirect, or cumulative effects that implementation 
of either action alternative could have on the natural and human 
environment.
    2. Whether or not the impact on various aspects of the natural and 
human environment have been adequately analyzed.
    3. Any other information pertinent to evaluating the effects of the 
proposed action on the natural and human environment.

Role of the Environmental Protection Agency in the EIS Process

    The U.S. Environmental Protection Agency (EPA) is charged under 
section 309 of the Clean Air Act to review all Federal agencies' 
environmental impact statements (EISs) and to comment on the adequacy 
and acceptability of the environmental impacts of proposed actions in 
the EISs.
    EPA also administers the database for EISs prepared by Federal 
agencies and provides notice of their availability in the Federal 
Register. The EIS database provides information about EISs prepared by 
Federal agencies, as well as EPA's comments concerning the EISs. All 
EISs are filed with EPA, which publishes a notice of availability each 
Friday in the Federal Register.
    For more information, see http://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with EISs 
themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Public Comments

    Written comments received become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you may request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. All submissions from organizations or businesses and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses will be made available for public 
disclosure in their entirety.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations for incidental take 
permits (50 CFR 17.22) and NEPA (42 U.S.C. 4321 et seq.) and its 
implementing regulations (40 CFR 1506.6; 43 CFR part 46).

Michael G. Thabault,
Assistant Regional Director-Ecological Services, Mountain-Prairie 
Region, U.S. Fish and Wildlife Service, Lakewood, Colorado.
[FR Doc. 2017-09366 Filed 5-11-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                   Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                          22153

                                                    In order to provide Federal assistance, you           DEPARTMENT OF THE INTERIOR                            eRulemaking Portal
                                                  are hereby authorized to allocate from funds                                                                  (www.regulations.gov) in Docket No.
                                                  available for these purposes such amounts as            Fish and Wildlife Service                             FWS–R6–ES–2014–0048. Information
                                                  you find necessary for Federal disaster                                                                       regarding the DEIS and accompanying
                                                                                                          [Docket No. FWS–R6–ES–2014–0048;
                                                  assistance and administrative expenses.                                                                       documents is available in alternative
                                                                                                          FF06E220000–178–FXES11140600000]
                                                    You are authorized to provide Public                                                                        formats upon request (see FOR FURTHER
                                                  Assistance in the designated areas and                  Endangered and Threatened Wildlife                    INFORMATION CONTACT). Documents will
                                                  Hazard Mitigation throughout the State.                 and Plants; Incidental Take Permit                    also be available for public inspection
                                                  Consistent with the requirement that Federal            Application; Draft Habitat                            by appointment (call 308–382–6468
                                                  assistance be supplemental, any Federal                 Conservation Plan for the R-Project                   extension 204) during normal business
                                                  funds provided under the Stafford Act for               Transmission Line and Draft                           hours at the U.S. Fish and Wildlife
                                                  Hazard Mitigation will be limited to 75                 Environmental Impact Statement                        Service, Nebraska Field Office, 9325
                                                  percent of the total eligible costs. Federal                                                                  South Alda Road, Wood River, NE
                                                  funds provided under the Stafford Act for               AGENCY:   Fish and Wildlife Service,                  68883.
                                                  Public Assistance also will be limited to 75            Interior.                                                Submitting comments: To send
                                                  percent of the total eligible costs, with the           ACTION: Notice of availability; request               written comments, please use one of the
                                                  exception of projects that meet the eligibility         for comments.                                         following methods, and note that your
                                                  criteria for a higher Federal cost-sharing
                                                                                                          SUMMARY:   The Nebraska Public Power                  information requests or comments are in
                                                  percentage under the Public Assistance
                                                                                                          District (NPPD) has applied for an                    reference to the draft HCP. Please
                                                  Alternative Procedures Pilot Program for
                                                                                                          incidental take permit under the                      specify which documents your
                                                  Debris Removal implemented pursuant to
                                                                                                          Endangered Species Act (ESA) for the R-               comment addresses: the DEIS, draft
                                                  section 428 of the Stafford Act.
                                                                                                          Project transmission line in north-                   HCP, draft MBCP, or draft Restoration
                                                    Further, you are authorized to make
                                                                                                          central Nebraska. If issued, the permit               Management Plan.
                                                  changes to this declaration for the approved
                                                                                                          would authorize the take of the federally                • Internet: Submit comments at
                                                  assistance to the extent allowable under the
                                                                                                          endangered American burying beetle                    http://www.regulations.gov to Docket
                                                  Stafford Act.
                                                                                                          incidental to the construction,                       Number FWS–R6–ES–2014–0048.
                                                     The Federal Emergency Management                     operation, and maintenance of the                        • U.S. Mail: Public Comments
                                                  Agency (FEMA) hereby gives notice that                  transmission line. We, the U.S. Fish and              Processing, Attn: Docket No. FWS–R6–
                                                  pursuant to the authority vested in the                 Wildlife Service (Service), announce the              ES–2014–0048; U.S. Fish and Wildlife
                                                  Administrator, under Executive Order                    availability of the following documents               Service Headquarters, MS: BPHC; 5275
                                                  12148, as amended, Nancy M. Casper, of                  related to the NPPD incidental take                   Leesburg Pike, Falls Church, VA 22041–
                                                  FEMA is appointed to act as the Federal                 permit application for review and                     3803.
                                                                                                          comment by the public and Federal,                       Public meetings: The public meetings
                                                  Coordinating Officer for this major
                                                                                                          Tribal, State, and local governments:                 discussed above in DATES will be held
                                                  disaster.
                                                                                                          Draft Habitat Conservation Plan for the               at the following locations in Nebraska:
                                                     The following areas of the State of
                                                                                                          R-Project Transmission Line in                           • Burwell: American Legion Hall, 657
                                                  Utah have been designated as adversely                                                                        G Street, Burwell, NE 68823.
                                                                                                          Nebraska (HCP); Draft Environment
                                                  affected by this major disaster:                                                                                 • Sutherland: Village Municipal
                                                                                                          Impact Statement of the R-Project HCP
                                                     Box Elder and Cache Counties for Public                                                                    Offices, 1200 First Street, Sutherland,
                                                                                                          (DEIS); Draft Migratory Bird
                                                  Assistance.                                                                                                   NE 69165.
                                                                                                          Conservation Plan (MBCP); and Draft
                                                     All areas within the State of Utah are                                                                        • Thedford: Thomas County
                                                                                                          Restoration Management Plan.
                                                  eligible for assistance under the Hazard                                                                      Fairgrounds, 8386 Hwy 83, Thedford,
                                                                                                          DATES: Comment submission: Written
                                                  Mitigation Grant Program.                                                                                     NE 69166.
                                                                                                          comments must be submitted by July 11,
                                                  The following Catalog of Federal Domestic                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                          2017.
                                                  Assistance Numbers (CFDA) are to be used                   Public meetings: We are holding three              Eliza Hines, 308–382–6468 extension
                                                  for reporting and drawing funds: 97.030,                public meetings to share information                  204 (phone) or eliza_hines@fws.gov
                                                  Community Disaster Loans; 97.031, Cora                  and allow the public to provide oral and              (email). If you use a telecommunications
                                                  Brown Fund; 97.032, Crisis Counseling;                  written comments on the DEIS and draft                device for the deaf, hard-of-hearing, or
                                                  97.033, Disaster Legal Services; 97.034,                HCP. The meetings will be held from 7                 speech disabled, please call the Federal
                                                  Disaster Unemployment Assistance (DUA);                 p.m. to 9 p.m. on:                                    Relay Service at 800–877–8339.
                                                  97.046, Fire Management Assistance Grant;                  • Monday, June 12, 2017—                           SUPPLEMENTARY INFORMATION: We
                                                  97.048, Disaster Housing Assistance to                  Sutherland, NE.                                       received an application from NPPD for
                                                  Individuals and Households In Presidentially               • Tuesday, June 13, 2017—Thedford,                 an incidental take permit to authorize
                                                  Declared Disaster Areas; 97.049,                        NE.                                                   the incidental take of the federally
                                                  Presidentially Declared Disaster Assistance—               • Wednesday, June 14, 2017—                        endangered American burying beetle
                                                  Disaster Housing Operations for Individuals             Burwell, NE.                                          resulting from the construction,
                                                  and Households; 97.050, Presidentially                     Persons needing reasonable                         operation, and maintenance of the
                                                  Declared Disaster Assistance to Individuals             accommodations to attend and                          proposed R-Project transmission line
                                                  and Households—Other Needs; 97.036,                     participate in the public meetings                    and substations. The 345-kilovolt R-
                                                  Disaster Grants—Public Assistance                       should contact Eliza Hines (see FOR                   Project transmission line would be
                                                  (Presidentially Declared Disasters); 97.039,            FURTHER INFORMATION CONTACT). To                      approximately 225 miles long in north-
mstockstill on DSK30JT082PROD with NOTICES




                                                  Hazard Mitigation Grant.                                allow sufficient time to process                      central Nebraska. As part of its
                                                  Robert J. Fenton,
                                                                                                          requests, please call no later than one               application, NPPD prepared a draft HCP
                                                                                                          week before the meeting.                              that describes actions to avoid,
                                                  Acting Administrator, Federal Emergency
                                                  Management Agency.
                                                                                                          ADDRESSES: Document availability: The                 minimize, and mitigate impacts of
                                                                                                          draft HCP, DEIS, draft MBCP and draft                 incidental take of the American burying
                                                  [FR Doc. 2017–09614 Filed 5–11–17; 8:45 am]
                                                                                                          Restoration Management Plan are                       beetle. NPPD also prepared a Draft
                                                  BILLING CODE 9111–23–P                                  available via the Internet at the Federal             Restoration Management Plan to outline


                                             VerDate Sep<11>2014   17:41 May 11, 2017   Jkt 241001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\12MYN1.SGM   12MYN1


                                                  22154                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                  restoration plans for beetle habitat as                    • The applicant will carry out any                 areas, staging sites, fly yards, or other
                                                  well as other habitats impacted by the                  other measures that the Secretary of the              ground disturbance from construction
                                                  R-Project. Additionally, NPPD                           Interior may require as being necessary               and maintenance.
                                                  developed a MBCP to address impacts                     or appropriate for the purposes of the                   The proposed R-Project transmission
                                                  to migratory birds and bald and golden                  HCP.                                                  line would be constructed with tubular
                                                  eagles in a good faith effort to comply                 Regulations governing permits for                     steel monopoles and steel lattice towers.
                                                  with the Migratory Bird Treaty Act and                  endangered species are at 50 CFR 17.22.               Tubular steel monopoles require large
                                                  the Bald and Golden Eagle Protection                       The National Environmental Policy                  equipment for installation and would be
                                                  Act.                                                    Act (NEPA; 42 U.S.C. 4321 et seq.)                    used where adequate access and
                                                     In the DEIS, we analyze the potential                requires that Federal agencies conduct                established roads exist. Steel lattice
                                                  impacts to the natural and human                        an environmental analysis of their                    towers would be used in the Sandhills
                                                  environment from implementing the                       proposed actions to determine whether                 where access routes are limited or do
                                                  proposed HCP and issuing the permit                     the actions may significantly affect the              not exist. Lattice towers can be
                                                  and from implementing the two                           human environment. Under NEPA and                     constructed with less overall effect on
                                                  alternatives to the proposed action. The                its implementing regulations (40 CFR                  the surrounding area because smaller
                                                  DEIS also identifies alternatives that we               1500 et seq.), Federal agencies must also             equipment and helicopter construction
                                                  considered but eliminated from further                  compare effects of a reasonable range of              can be used.
                                                  analysis.                                               alternatives to the proposed action. In                  The draft HCP describes a number of
                                                                                                          these analyses, the Federal agency will               measures that NPPD would implement
                                                  Background                                              identify potentially significant direct,              to avoid and minimize the incidental
                                                     Section 9 of the ESA prohibits take of               indirect, and cumulative effects, as well             take of the beetle during construction,
                                                  fish and wildlife species listed as                     as possible mitigation for any significant            operations, and maintenance of the R-
                                                  endangered (16 U.S.C. 1538). Under                      effects, on biological resources, land                Project. Measures associated with
                                                  section 3 of the ESA, the term ‘‘take’’                 use, air quality, water resources,                    restoration of beetle habitat, as well as
                                                  means to ‘‘harass, harm, pursue, hunt,                  socioeconomics, environmental justice,                other habitats, are outlined in the
                                                  shoot, wound, kill, trap, capture, or                   cultural resources, and other                         Restoration Management Plan. The HCP
                                                  collect, or attempt to engage in any such               environmental resources that could                    also commits NPPD to provide
                                                  conduct’’ (16 U.S.C. 1532(19)). The term                occur with the implementation of the                  mitigation lands to conserve beetle
                                                  ‘‘harm’’ is defined in title 50 of the Code             proposed action and alternatives. In                  habitat to fully offset temporary and
                                                  of Federal Regulations as ‘‘an act which                accordance with NEPA, we prepared a                   permanent impacts of the remaining
                                                  actually kills or injures wildlife. Such                DEIS to analyze the impacts to the                    take. With these measures, construction
                                                  acts may include significant habitat                    natural and human environment that                    of the R-Project would permanently
                                                  modification or degradation where it                    may occur if the Service were to issue                destroy 33 acres of American burying
                                                  actually kills or injures wildlife by                   the permit and NPPD were to                           beetle habitat and temporarily disturb
                                                  significantly impairing essential                       implement the proposed R-Project HCP.                 an additional 1,250 acres of American
                                                  behavioral patterns, including breeding,                We announced scoping for the DEIS in                  burying beetle habitat over the term of
                                                  feeding, or sheltering’’ (50 CFR 17.3).                 the Federal Register of October 30, 2014              the permit. NPPD would work with the
                                                  The term ‘‘harass’’ is defined in the                   (79 FR 64619).                                        Service to secure at least 500 acres of
                                                  regulations as ‘‘an intentional or                                                                            occupied American burying beetle
                                                                                                          Proposed Action
                                                  negligent act or omission which creates                                                                       habitat in perpetuity.
                                                  the likelihood of injury to wildlife by                    We propose to issue a 50-year permit
                                                                                                          for incidental take of the American                   Alternatives Analyzed in the DEIS
                                                  annoying it to such an extent as to
                                                  significantly disrupt normal behavioral                 burying beetle if NPPD’s HCP meets all                   In the DEIS, we also evaluate the
                                                  patterns which include, but are not                     the section 10(a)(1)(B) permit issuance               effects on the natural and human
                                                  limited to, breeding, feeding, or                       criteria. The permit would authorize                  environment from two alternatives to
                                                  sheltering’’ (50 CFR 17.3).                             take of the American burying beetle                   the proposed action: (1) No action (i.e.,
                                                     Under section 10(a) of the ESA, the                  incidental to the proposed construction,              no permit issuance), and (2)
                                                  Service may issue permits to authorize                  operation, and maintenance, including                 construction of the R-Project using only
                                                  incidental take of listed fish and                      emergency repairs, of the R-Project.                  steel tubular monopole structures.
                                                  wildlife species. ‘‘Incidental take’’ is                NPPD would avoid the incidental take                  Construction of tubular steel monopoles
                                                  defined by the ESA as take that is                      of other federally listed species by                  would require access roads to support
                                                  incidental to, and not the purpose of,                  implementing avoidance measures                       heavy equipment. NPPD would
                                                  carrying out an otherwise lawful                        presented in the draft HCP.                           construct temporary access routes where
                                                  activity. Section 10(a)(1)(B) of the ESA                   The permit area for the HCP is                     adequate ones do not exist. Associated
                                                  contains provisions for issuing                         determined by the geographical area                   levels of ground disturbance would
                                                  incidental take permits to non-Federal                  within which incidental take is                       require the permit to authorize higher
                                                  entities for the incidental take of                     expected to occur. The proposed permit                levels of incidental take of the American
                                                  endangered and threatened species,                      area includes 1 mile on each side of the              burying beetle, and an associated HCP
                                                  provided the following criteria are met:                R-Project centerline from Stapleton,                  would need to expand conservation
                                                     • The taking will be incidental.                     Nebraska, north to the Thedford                       measures to minimize and fully offset
                                                     • The applicant will minimize and                    Substation. The permit area also                      the impacts of the incidental take.
                                                  mitigate, to the maximum extent                         includes 4 miles on each side of the                     The DEIS considers the direct,
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                                                  practicable, the impact of such taking.                 centerline from the Thedford Substation               indirect, and cumulative effects of the
                                                     • The applicant will develop an HCP                  east to a new Holt County Substation.                 two action alternatives, including
                                                  and ensure that adequate funding for the                The varying permit area width                         measures intended to avoid, minimize,
                                                  plan will be provided.                                  incorporates all potential incidental take            and mitigate such impacts. The DEIS
                                                     • The taking will not appreciably                    that may occur outside the transmission               also identifies alternative routing
                                                  reduce the likelihood of the survival                   line right-of-way resulting from                      options that the Service considered but
                                                  and recovery of the species in the wild.                construction access, temporary work                   eliminated from detailed analysis.


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                                                                                   Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                                  22155

                                                     The Service invites comments and                     Authority                                             the investigations need not enter a
                                                  suggestions from interested parties on                     We provide this notice under section               separate appearance for the final phase
                                                  the content of the DEIS. In particular,                 10(c) of the ESA (16 U.S.C. 1531 et seq.)             of the investigations. Industrial users,
                                                  information and comments regarding                      and its implementing regulations for                  and, if the merchandise under
                                                  the following topics are requested:                     incidental take permits (50 CFR 17.22)                investigation is sold at the retail level,
                                                     1. The direct, indirect, or cumulative               and NEPA (42 U.S.C. 4321 et seq.) and                 representative consumer organizations
                                                  effects that implementation of either                   its implementing regulations (40 CFR                  have the right to appear as parties in
                                                  action alternative could have on the                    1506.6; 43 CFR part 46).                              Commission antidumping and
                                                  natural and human environment.                                                                                countervailing duty investigations. The
                                                     2. Whether or not the impact on                      Michael G. Thabault,
                                                                                                                                                                Secretary will prepare a public service
                                                  various aspects of the natural and                      Assistant Regional Director–Ecological
                                                  human environment have been                                                                                   list containing the names and addresses
                                                                                                          Services, Mountain-Prairie Region, U.S. Fish
                                                  adequately analyzed.                                    and Wildlife Service, Lakewood, Colorado.             of all persons, or their representatives,
                                                     3. Any other information pertinent to                [FR Doc. 2017–09366 Filed 5–11–17; 8:45 am]
                                                                                                                                                                who are parties to the investigations.
                                                  evaluating the effects of the proposed                  BILLING CODE 4333–15–P                                Background
                                                  action on the natural and human
                                                  environment.                                                                                                     On March 23, 2017, the National
                                                  Role of the Environmental Protection                    INTERNATIONAL TRADE                                   Biodiesel Board Fair Trade Coalition,
                                                  Agency in the EIS Process                               COMMISSION                                            Washington, DC filed a petition with the
                                                                                                                                                                Commission and Commerce, alleging
                                                    The U.S. Environmental Protection                     [Investigation Nos. 701–TA–571–572 and
                                                                                                                                                                that an industry in the United States is
                                                  Agency (EPA) is charged under section                   731–TA–1347–1348 (Preliminary)]
                                                                                                                                                                materially injured or threatened with
                                                  309 of the Clean Air Act to review all
                                                                                                          Biodiesel From Argentina and                          material injury by reason of LTFV and
                                                  Federal agencies’ environmental impact
                                                                                                          Indonesia; Determinations                             subsidized imports of biodiesel from
                                                  statements (EISs) and to comment on
                                                                                                                                                                Argentina and Indonesia. Accordingly,
                                                  the adequacy and acceptability of the                      On the basis of the record 1 developed
                                                  environmental impacts of proposed                                                                             effective March 23, 2017, the
                                                                                                          in the subject investigations, the United             Commission, pursuant to sections 703(a)
                                                  actions in the EISs.                                    States International Trade Commission
                                                    EPA also administers the database for                                                                       and 733(a) of the Act (19 U.S.C.
                                                                                                          (‘‘Commission’’) determines, pursuant
                                                  EISs prepared by Federal agencies and                                                                         1671b(a) and 1673b(a)), instituted
                                                                                                          to the Tariff Act of 1930 (‘‘the Act’’),
                                                  provides notice of their availability in                                                                      countervailing duty investigation Nos.
                                                                                                          that there is a reasonable indication that
                                                  the Federal Register. The EIS database                  an industry in the United States is                   701–TA–571–572 and antidumping
                                                  provides information about EISs                         materially injured by reason of imports               duty investigation Nos. 731–TA–1347–
                                                  prepared by Federal agencies, as well as                of biodiesel from Argentina and                       1348 (Preliminary).
                                                  EPA’s comments concerning the EISs.                     Indonesia, provided for in subheadings                   Notice of the institution of the
                                                  All EISs are filed with EPA, which                      3826.00.10 and 3826.00.30 of the                      Commission’s investigations and of a
                                                  publishes a notice of availability each                 Harmonized Tariff Schedule of the                     public conference to be held in
                                                  Friday in the Federal Register.                         United States, that are alleged to be sold            connection therewith was given by
                                                    For more information, see http://                     in the United States at less than fair                posting copies of the notice in the Office
                                                  www.epa.gov/compliance/nepa/                            value (‘‘LTFV’’) and to be subsidized by              of the Secretary, U.S. International
                                                  eisdata.html. You may search for EPA                    the governments of Argentina and
                                                  comments on EISs, along with EISs                                                                             Trade Commission, Washington, DC,
                                                                                                          Indonesia.                                            and by publishing the notice in the
                                                  themselves, at https://
                                                  cdxnodengn.epa.gov/cdx-enepa-public/                    Commencement of Final Phase                           Federal Register of March 29, 2017 (82
                                                  action/eis/search.                                      Investigations                                        FR 15541). The conference was held in
                                                                                                                                                                Washington, DC, on April 13, 2017, and
                                                  Public Comments                                            Pursuant to section 207.18 of the                  all persons who requested the
                                                                                                          Commission’s rules, the Commission
                                                    Written comments received become                                                                            opportunity were permitted to appear in
                                                                                                          also gives notice of the commencement
                                                  part of the public record associated with                                                                     person or by counsel.
                                                                                                          of the final phase of its investigations.
                                                  this action. Before including your                                                                               The Commission made these
                                                                                                          The Commission will issue a final phase
                                                  address, phone number, email address,                                                                         determinations pursuant to sections
                                                                                                          notice of scheduling, which will be
                                                  or other personal identifying                                                                                 703(a) and 733(a) of the Act (19 U.S.C.
                                                                                                          published in the Federal Register as
                                                  information in your comment, you                                                                              1671b(a) and 1673b(a)). It completed
                                                                                                          provided in section 207.21 of the
                                                  should be aware that your entire                                                                              and filed its determinations in these
                                                                                                          Commission’s rules, upon notice from
                                                  comment—including your personal                                                                               investigations on May 8, 2017. The
                                                                                                          the Department of Commerce
                                                  identifying information—may be made
                                                                                                          (‘‘Commerce’’) of affirmative                         views of the Commission are contained
                                                  publicly available at any time. While
                                                                                                          preliminary determinations in the                     in USITC Publication 4690 (May 2017),
                                                  you may request in your comment that
                                                                                                          investigations under sections 703(b) or               entitled Biodiesel from Argentina and
                                                  we withhold your personal identifying
                                                                                                          733(b) of the Act, or, if the preliminary             Indonesia: Investigation Nos. 701–TA–
                                                  information from public review, we
                                                                                                          determinations are negative, upon                     571–572 and 731–TA–1347–1348
                                                  cannot guarantee that we will be able to
                                                                                                          notice of affirmative final                           (Preliminary).
                                                  do so. We will not consider anonymous
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                                                                                                          determinations in those investigations
                                                  comments. All submissions from                                                                                  By order of the Commission.
                                                                                                          under sections 705(a) or 735(a) of the
                                                  organizations or businesses and from                                                                            Issued: May 8, 2017.
                                                                                                          Act. Parties that filed entries of
                                                  individuals identifying themselves as                                                                         Lisa R. Barton,
                                                                                                          appearance in the preliminary phase of
                                                  representatives or officials of
                                                                                                                                                                Secretary to the Commission.
                                                  organizations or businesses will be                       1 The record is defined in sec. 207.2(f) of the
                                                                                                                                                                [FR Doc. 2017–09629 Filed 5–11–17; 8:45 am]
                                                  made available for public disclosure in                 Commission’s Rules of Practice and Procedure (19
                                                  their entirety.                                         CFR 207.2(f)).                                        BILLING CODE 7020–02–P




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Document Created: 2017-05-12 01:08:58
Document Modified: 2017-05-12 01:08:58
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.
DatesComment submission: Written comments must be submitted by July 11, 2017.
ContactEliza Hines, 308-382-6468 extension 204 (phone) or [email protected] (email). If you use a telecommunications device for the deaf, hard-of-hearing, or speech disabled, please call the Federal Relay Service at 800-877-8339.
FR Citation82 FR 22153 

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