82_FR_7721 82 FR 7708 - Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests

82 FR 7708 - Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7708-7711
FR Document2017-01284

We, the U.S. Fish and Wildlife Service (Service), recently published a final rule that revises the regulations for eagle nonpurposeful take permits and eagle nest take permits. In that final rule, we stated that the Office of Management (OMB) had not yet approved the information collection requirements associated with the rule. This document announces that OMB has now approved the information collection requirements.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Rules and Regulations]
[Pages 7708-7711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01284]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 13 and 22

[Docket No. FWS-R9-MB-2011-0094; FF09M20300-167-FXMB123109EAGLE]
RIN 1018-AY30


Eagle Permits; Revisions to Regulations for Eagle Incidental Take 
and Take of Eagle Nests

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; information collection requirements.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), recently 
published a final rule that revises the regulations for eagle 
nonpurposeful take permits and eagle nest take permits. In that final 
rule, we stated that the Office of Management (OMB) had not yet 
approved the information collection requirements associated with the 
rule. This document announces that OMB has now approved the information 
collection requirements.

DATES: OMB approved the information collection requirements on January 
6, 2017, for the final rule that published at 81 FR 91494 on December 
16, 2016.

ADDRESSES: Relevant information and documents related to the eagle 
permit rule may be found on the internet at http://www.regulations.gov 
in Docket No. FWS-R9-MB-2011-0094. You may review the information 
collection request online at http://www.reginfo.gov. Follow the 
instructions to review Department of the Interior collections.

FOR FURTHER INFORMATION CONTACT: Tina Campbell, Chief, Division of 
Policy, Performance, and Management Programs; 703-358-2676.

SUPPLEMENTARY INFORMATION: 

Background

    We, the U.S. Fish and Wildlife Service (Service), published a final 
rule in the December 16, 2016, Federal Register (81 FR 91494) that 
revises the regulations in part 22 of title 50 of the Code of Federal 
Regulations (CFR) for eagle nonpurposeful take permits and eagle nest 
take permits. Revisions included changes to permit issuance criteria 
and duration, definitions, compensatory mitigation standards, criteria 
for eagle nest removal permits, permit application requirements, and 
fees. In the final rule, we stated that the Office of Management (OMB) 
had not yet approved the information collection requirements associated 
with the rule. We also stated that we would announce the approval via a 
separate notification in the Federal Register. This document provides 
that notification.
    The following text sets forth the information collection 
requirements approved by OMB:
    Title: Eagle Take Permits and Fees, 50 CFR part 22.
    OMB Control Number: 1018-0167.
    Service Form Number(s): 3-200-71, 3-200-72.
    Description of Respondents: Individuals and businesses. We expect 
that the majority of applicants seeking

[[Page 7709]]

long-term permits will be in the energy production and electrical 
distribution business.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Table 1 cites the total burden for this information collection. 
Table 2 sets forth the changes in nonhour burden fees for eagle take 
permits.

                    Table 1--Estimated Hour and Cost Burden for Long-Term Eagle Take Permits
----------------------------------------------------------------------------------------------------------------
                                                              Average                                $ Value of
                                              Annual      completion time  Total annual                annual
           Activity/requirement              number of     per response       burden     Cost/hour  burden hours
                                             responses        (hours)         (hours)                 (rounded)
----------------------------------------------------------------------------------------------------------------
Preconstruction Monitoring Surveys.......            15               650         9,750     $34.26      $334,035
Preparation of Eagle Conservation Plan...            15               200         3,000      34.26       102,780
Postconstruction Monitoring..............            15               700        10,500      34.26       359,730
Reporting Take of Eagles.................            10                 2            20      34.26           685
Reporting Take of Threatened and                      1                 2             2      34.26            69
 Endangered Species......................
Sec.   22.26(c)(7)(ii)--Permit reviews.               4                 8            32      34.26         1,096
 At no more than 5 years from the date a
 permit that exceeds 5 years is issued,
 and every 5 years thereafter, the
 permittee compiles and submits to the
 Service, eagle fatality data or other
 pertinent information that is site-
 specific for the project.\8\ (Footnote 8
 may be found below table 2. Note that
 the dollar value of the annual burden
 cost is included in the $8,000 permit 5-
 year permit review fee.)................
                                          ----------------------------------------------------------------------
    Total................................            60             1,562        23,304  .........       798,395
----------------------------------------------------------------------------------------------------------------


[[Page 7710]]


                                                                                     Table 2--Changes in Nonhour Burden Fees for Eagle Take Permits
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Previous approval                                                                                                                                                Difference between previous 1018-
       Activity/requirement         under OMB Control No.             Previous fee                         New fee               Total previously approved nonhour  Total new approved nonhour burden    0022 approval and new approval
                                          1018-0022                                                                                         burden costs                          costs
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3-200-71--application, Eagle        Approval covered       $500 Non-commercial..............  $500 Non-commercial..............  $12,500 Non-commercial...........  $12,500 Non-commercial...........  $0 Non-commercial.
 Incidental Take (not programmatic   number of responses   $500 Commercial..................  $2,500 Commercial................  $60,000 Commercial...............  $300,000 Commercial..............  +$240,000 Commercial.
 or long-term) \1\.                  and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-72--application, Eagle Nest   Approval covered       $500 Non-commercial..............  $500 Non-commercial..............  $5,000 Non-commercial............  $5,000 Non-commercial............  $0 Non-commercial.
 Take-single nest (formerly          number of responses   $500 Commercial..................  $2,500 Commercial................  $10,000 Commercial...............  $50,000 Commercial...............  +$40,000 Commercial.
 ``standard'') \2\.                  and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-72--application, Eagle Nest   Approval covered       $1,000...........................  $500 Non-commercial..............  $0 \3\...........................  $500 Non-commercial..............  +$500 Non-commercial.
 Take-multiple nests (formerly       number of responses                                      $5,000 Commercial................                                     $40,000 Commercial...............  +$40,000 Commercial.
 ``programmatic'') \3\.              and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-71--Eagle Incidental Take     Approval covered       $150 Non-commercial..............  $150 Non-commercial..............  $300 Non-commercial..............  $300 Non-commercial..............  $0 Non-commercial.
 Amendment-less than 5 years         number of responses   $150 Commercial..................  $500 Commercial..................  $2,700 \5\ Commercial............  $9,000 Commercial................  +$6,300 Commercial.
 (formerly ``standard'') \4\.        and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-72--Eagle Nest Take           Approval covered       $150 Non-commercial..............  $150 Non-commercial..............  $150 Non-commercial..............  $150 Non-commercial..............  $0 Non-commercial.
 Amendment-single nest (formerly     number of responses   $150 Commercial..................  $500 Commercial..................  $600 \6\ Commercial..............  $2,000 Commercial................  +$1,400 Commercial.
 ``standard'') \4\.                  and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-71--Amendment-Eagle           Approval covered       $1,000 Commercial................  No Fee \7\.......................  $1,000 Commercial................  .................................  - $1,000 Commercial.
 Incidental Take-programmatic.       number of responses
                                     and annual burden
                                     hours.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          NEW REPORTING REQUIREMENT AND NEW ADMINISTRATION FEE
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.   22.26(c)(7)(ii)--Permit      .....................  0................................  $8,000...........................  0................................  $32,000..........................  +$32,000.
 reviews. At no more than 5 years
 from the date a permit that
 exceeds 5 years is issued, and
 every 5 years thereafter, the
 permittee compiles and submits to
 the Service eagle fatality data
 or other pertinent information
 that is site-specific for the
 project.\8\.
                                   -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total.........................  .....................  .................................  .................................  $92,250..........................  $431,450.........................  $359,200.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approved under 1018-0022: 145 annual responses (25 from individuals/households (homeowners) and 120 from the private sector (commercial), totaling 2,320 annual burden hours) (400 burden hours for individuals and 1,920 annual
  burden hours for private sector); $500 permit fee for both individuals and private sector for a total nonhour burden cost of $72,500. The rule changes the application fees: Homeowner fee remains $500; private sector fee
  (commercial) increases to $2,500. Total for 25 homeowners = $12,500; total for 125 commercial applicants = $300,000.
\2\ Approved under 1018-0022 (standard and programmatic permits were combined): 30 responses (10 from individuals/homeowners and 20 from private sector (commercial), totaling 480 burden hours) (160 hours (individuals) and 320 hours
  (private sector)). Homeowner fee remains $500; private sector fee (commercial) increases to $2,500. Total for 10 homeowners = $5,000.; total for 20 commercial applicants = $50,000.
\3\ Approved under 1018-0022 (standard and programmatic permits were combined): 9 responses (1 from individuals/homeowners (noncommercial) and 8 from private sector (commercial), totaling 360 burden hours) (40 hours (individuals)
  and 320 hours (private sector)). The homeowner fee increases to $500; private sector fee (commercial) increases to $5,000. Total for 1 homeowner = $500; total for 8 commercial = $40,000.
\4\ The amendments for standard nonpurposeful eagle take permits and standard eagle nest take permits are combined in the approved collection for a total of 25. Here they are split into 20 eagle incidental take permit amendments and
  5 eagle nest take permit amendments.
\5\ Two homeowner; 18 commercial.
\6\ One homeowner; four commercial.
\7\ The amendment fee for long-term programmatic permits was approved under 1018-0022. However, the rule removes this fee because the costs associated with it are included under the administration fee.
\8\ This is a new reporting requirement as well as a new administration fee and applies only to commercial permittees. We will not receive any reports or assess the administration fee until after a permittee has had a permit for 5
  years (earliest probably 2022). We estimate that we will receive 19 responses every 5 years, which, annualized over the 3-year period of OMB approval, results in 4 responses annually. We estimate that each response will take 8
  hours, for a total of 32 annual burden hours. We will assess an $8,000 administration fee for each permittee for a total of $32,000. Note: This burden reflects what will be imposed in 5 years. Each 5 years thereafter, the burden
  and nonhour costs will increase because of the number of permittees holding 5-year or longer term permits.


[[Page 7711]]

    Estimated Total Hour Burden: 23,304 hours; the total number of new 
respondents is 60.
    Estimated Total Hour Burden Cost: $798,395 for gathering 
information required to support an application, which may include 
preparation of an Eagle Conservation Plan (ECP). This amount includes 
650 hours for preconstruction monitoring surveys of eagle use of the 
project site and 700 hours of postconstruction monitoring for each 
respondent. Preparation of the application, which may include 
preparation of an ECP, will take approximately 200 hours per 
respondent. These burden hours apply only to those seeking a long-term 
eagle take permit. In addition, those that receive a permit are 
required to report take of eagles and threatened or endangered species 
within 48 hours of discovery of the take. It is estimated that of the 
15 projects permitted to take eagles each year, 10 will actually take 
eagles, requiring 2 hours per respondent to report. Take of threatened 
or endangered species is expected to be a rare event, and occur at only 
1 of the 15 projects permitted each year, requiring only 2 hours to 
report. The burden hours also include the costs for the 5-year permit 
review. We estimate 8 hours per respondent to complete the requirements 
of the permit review for a total of 32 hours.
    Estimated New Total Nonhour Burden Cost: $359,200 for 
administration fees and application fees associated with changes 
implemented by this rule. This amount does not include the nonhour cost 
burden for eagle or eagle nest take permits approved under OMB Control 
No. 1018-0022. States, local governments, and tribal governments are 
exempt from paying these fees.
    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

    Dated: January 12, 2017.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-01284 Filed 1-19-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                7708              Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations

                                                  (c) Covered service means a service                   agreed-upon with the owner of the                      ACTION:  Final rule; information
                                                that meets accessibility requirements by                network serving the TTY.                               collection requirements.
                                                supporting RTT pursuant to part 6, 7,                     (c) Features and Capabilities. Covered
                                                14, 20, or 64 of this chapter.                          services and authorized end user                       SUMMARY:    We, the U.S. Fish and
                                                  (d) RFC 4103 means IETF’s Request                     devices shall enable the user to:                      Wildlife Service (Service), recently
                                                for Comments (RFC) 4103 (incorporated                     (1) Initiate and receive RTT calls to                published a final rule that revises the
                                                by reference, see § 67.3 of this part).                 and from the same telephone numbers                    regulations for eagle nonpurposeful take
                                                  (e) RFC 4103-conforming service or                    for which voice calls can be initiated                 permits and eagle nest take permits. In
                                                user device means a covered service or                  and received;                                          that final rule, we stated that the Office
                                                authorized end user device that enables                   (2) transmit and receive RTT                         of Management (OMB) had not yet
                                                initiation, sending, transmission,                      communications to and from any 911                     approved the information collection
                                                reception, and display of RTT                           public safety answering point (PSAP) in                requirements associated with the rule.
                                                communications in conformity with                       the United States; and                                 This document announces that OMB
                                                RFC 4103.                                                 (3) send and receive text and voice                  has now approved the information
                                                  (f) RFC 4103–TTY gateway means a                      simultaneously in both directions on the               collection requirements.
                                                gateway that is able to reliably and                    same call using a single device.                       DATES: OMB approved the information
                                                accurately transcode communications                                                                            collection requirements on January 6,
                                                between (1) RFC 4103-conforming                         § 67.3   Incorporation by Reference.                   2017, for the final rule that published at
                                                services and devices and (2) circuit-                      (a) Certain material is incorporated by             81 FR 91494 on December 16, 2016.
                                                switched networks that support                          reference into this part with the                      ADDRESSES: Relevant information and
                                                communications between TTYs.                            approval of the Director of the Federal                documents related to the eagle permit
                                                  (g) Real-time text (RTT) or RTT                       Register under 5 U.S.C. 552(a) and 1                   rule may be found on the internet at
                                                communications means text                               CFR part 51. All approved material is                  http://www.regulations.gov in Docket
                                                communications that are transmitted                     available for inspection at the Federal                No. FWS–R9–MB–2011–0094. You may
                                                over Internet Protocol (IP) networks                    Communications Commission, 445 12th                    review the information collection
                                                immediately as they are created, e.g., on               St. SW., Reference Information Center,                 request online at http://
                                                a character-by-character basis.                         Room CY–A257, Washington, DC 20554,                    www.reginfo.gov. Follow the
                                                  (h) Support RTT or support RTT                        (202) 418–0270, and is available from                  instructions to review Department of the
                                                communications means to enable users                    the sources listed below. It is also                   Interior collections.
                                                to initiate, send, transmit, receive, and               available for inspection at the National               FOR FURTHER INFORMATION CONTACT: Tina
                                                display RTT communications in                           Archives and Records Administration                    Campbell, Chief, Division of Policy,
                                                accordance with the applicable                          (NARA). For information on the                         Performance, and Management
                                                provisions of this part.                                availability of this material at NARA,                 Programs; 703–358–2676.
                                                                                                        call 202–741–6030 or go to http://
                                                § 67.2   Minimum Functionalities of RTT.                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                        www.archives.gov/federal_register/
                                                   (a) RTT–RTT Interoperability.                        code_of_federal_regulations/ibr_                       Background
                                                Covered services and authorized end                     locations.html.
                                                user devices shall be interoperable with                                                                         We, the U.S. Fish and Wildlife
                                                                                                           (b) Internet Engineering Task Force
                                                other services and devices that support                                                                        Service (Service), published a final rule
                                                                                                        (IETF), c/o Association Management
                                                RTT in accordance with this part. A                                                                            in the December 16, 2016, Federal
                                                                                                        Solutions, LLC (AMS) 5177 Brandin
                                                service or authorized end user device                                                                          Register (81 FR 91494) that revises the
                                                                                                        Court, Fremont, California 94538, phone
                                                shall be deemed to comply with this                                                                            regulations in part 22 of title 50 of the
                                                                                                        (510) 492–4080, Web site at http://
                                                paragraph (a) if:                                                                                              Code of Federal Regulations (CFR) for
                                                                                                        ietf.org or directly at https://
                                                   (1) It is an RFC 4103-conforming end                                                                        eagle nonpurposeful take permits and
                                                                                                        www.ietf.org/rfc/rfc4103.txt.
                                                user device;                                                                                                   eagle nest take permits. Revisions
                                                                                                           (1) Request for Comments (RFC) 4103,
                                                   (2) RTT communications between                                                                              included changes to permit issuance
                                                                                                        Real-time Transport Protocol Payload
                                                such service or end user device and an                                                                         criteria and duration, definitions,
                                                                                                        for Text Conversation (2005), IBR
                                                RFC 4103-conforming service or end                                                                             compensatory mitigation standards,
                                                                                                        approved for § 67.1.
                                                user device are reliably and accurately                                                                        criteria for eagle nest removal permits,
                                                                                                           (2) [Reserved]
                                                transcoded—                                                                                                    permit application requirements, and
                                                                                                        [FR Doc. 2017–01377 Filed 1–19–17; 8:45 am]            fees. In the final rule, we stated that the
                                                   (i) to and from RFC 4103, or
                                                   (ii) to and from an internetworking                  BILLING CODE 6712–01–P                                 Office of Management (OMB) had not
                                                protocol mutually agreed-upon with the                                                                         yet approved the information collection
                                                owner of the network serving the RFC                                                                           requirements associated with the rule.
                                                4103-conforming service or device.                      DEPARTMENT OF THE INTERIOR                             We also stated that we would announce
                                                   (b) RTT–TTY Interoperability.                                                                               the approval via a separate notification
                                                Covered services and authorized end                     Fish and Wildlife Service                              in the Federal Register. This document
                                                user devices shall be interoperable with                                                                       provides that notification.
                                                TTYs connected to other networks.                       50 CFR Parts 13 and 22                                   The following text sets forth the
                                                Covered services and authorized end                     [Docket No. FWS–R9–MB–2011–0094;                       information collection requirements
                                                user devices shall be deemed to comply                  FF09M20300–167–FXMB123109EAGLE]                        approved by OMB:
                                                with this paragraph (b) if                                                                                       Title: Eagle Take Permits and Fees, 50
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                                                                                                        RIN 1018–AY30
                                                communications to and from such                                                                                CFR part 22.
                                                TTYs:                                                   Eagle Permits; Revisions to                              OMB Control Number: 1018–0167.
                                                   (1) Pass through an RFC 4103–TTY                     Regulations for Eagle Incidental Take                    Service Form Number(s): 3–200–71,
                                                gateway, or                                             and Take of Eagle Nests                                3–200–72.
                                                   (2) are reliably and accurately                                                                               Description of Respondents:
                                                transcoded to and from an                               AGENCY:     Fish and Wildlife Service,                 Individuals and businesses. We expect
                                                internetworking protocol mutually                       Interior.                                              that the majority of applicants seeking


                                           VerDate Sep<11>2014   18:54 Jan 19, 2017   Jkt 241001   PO 00000   Frm 00078   Fmt 4700   Sfmt 4700   E:\FR\FM\23JAR1.SGM   23JAR1


                                                                        Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations                                                                          7709

                                                long-term permits will be in the energy                                     Respondent’s Obligation: Required to                         Table 1 cites the total burden for this
                                                production and electrical distribution                                    obtain or retain a benefit.                                  information collection. Table 2 sets
                                                business.                                                                   Frequency of Collection: On occasion.                      forth the changes in nonhour burden
                                                                                                                                                                                       fees for eagle take permits.
                                                                             TABLE 1—ESTIMATED HOUR AND COST BURDEN FOR LONG-TERM EAGLE TAKE PERMITS
                                                                                                                                                                            Average                                               $ Value of
                                                                                                                                                         Annual                                Total annual
                                                                                                                                                                         completion time                                            annual
                                                                                 Activity/requirement                                                    number                                  burden       Cost/hour
                                                                                                                                                                          per response                                           burden hours
                                                                                                                                                      of responses                               (hours)
                                                                                                                                                                             (hours)                                              (rounded)

                                                Preconstruction Monitoring Surveys ..............................................                                15                  650              9,750        $34.26           $334,035
                                                Preparation of Eagle Conservation Plan .......................................                                   15                  200              3,000         34.26            102,780
                                                Postconstruction Monitoring ...........................................................                          15                  700             10,500         34.26            359,730
                                                Reporting Take of Eagles ..............................................................                          10                    2                 20         34.26                685
                                                Reporting Take of Threatened and Endangered Species .............                                                 1                    2                  2         34.26                 69
                                                § 22.26(c)(7)(ii)—Permit reviews. At no more than 5 years from
                                                   the date a permit that exceeds 5 years is issued, and every 5
                                                   years thereafter, the permittee compiles and submits to the
                                                   Service, eagle fatality data or other pertinent information that
                                                   is site-specific for the project.8 (Footnote 8 may be found
                                                   below table 2. Note that the dollar value of the annual burden
                                                   cost is included in the $8,000 permit 5-year permit review fee.)                                                4                    8                32          34.26              1,096

                                                     Total ........................................................................................              60                1,562             23,304   ................       798,395
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                                           VerDate Sep<11>2014       18:54 Jan 19, 2017          Jkt 241001      PO 00000        Frm 00079        Fmt 4700   Sfmt 4700   E:\FR\FM\23JAR1.SGM    23JAR1


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                                                                                                         TABLE 2—CHANGES IN NONHOUR BURDEN FEES FOR EAGLE TAKE PERMITS
                                                                                                                                                                                                                                                                                                                                                   7710

                                                                                                                                                                                                                                                                                                                            Difference between
                                                                            Previous approval under                                                                                                                           Total previously approved                       Total new approved
                              Activity/requirement                                                                                          Previous fee                                     New fee                                                                                                                     previous 1018–0022 ap-
                                                                           OMB Control No. 1018–0022                                                                                                                            nonhour burden costs                         nonhour burden costs                        proval and new approval




VerDate Sep<11>2014
                      3–200–71—application, Eagle In-                    Approval covered number of re-                          $500 Non-commercial .......                   $500 Non-commercial .......                   $12,500 Non-commercial ..                    $12,500 Non-commercial ..                     $0 Non-commercial.
                        cidental Take (not pro-                            sponses and annual burden                             $500 Commercial ..............                $2,500 Commercial ...........                 $60,000 Commercial .........                 $300,000 Commercial .......                   +$240,000 Commercial.
                        grammatic or long-term) 1.                         hours. The rule revises fees
                                                                           and nonhour costs.
                      3–200–72—application, Eagle                        Approval covered number of re-                          $500 Non-commercial .......                   $500 Non-commercial .......                   $5,000 Non-commercial ....                   $5,000 Non-commercial ....                    $0 Non-commercial.
                        Nest Take–single nest (for-                        sponses and annual burden                             $500 Commercial ..............                $2,500 Commercial ...........                 $10,000 Commercial .........                 $50,000 Commercial .........                  +$40,000 Commercial.
                        merly ‘‘standard’’) 2.                             hours. The rule revises fees




18:54 Jan 19, 2017
                                                                           and nonhour costs.
                      3–200–72—application, Eagle                        Approval covered number of re-                          $1,000 ...............................        $500 Non-commercial .......                   $0 3 ....................................    $500 Non-commercial .......                   +$500 Non-commercial.
                        Nest Take–multiple nests (for-                     sponses and annual burden                                                                           $5,000 Commercial ...........                                                              $40,000 Commercial .........                  +$40,000 Commercial.
                        merly ‘‘programmatic’’) 3.                         hours. The rule revises fees
                                                                           and nonhour costs.




Jkt 241001
                      3–200–71—Eagle Incidental                          Approval covered number of re-                          $150 Non-commercial .......                   $150 Non-commercial .......                   $300 Non-commercial .......                  $300 Non-commercial .......                   $0 Non-commercial.
                        Take Amendment–less than 5                         sponses and annual burden                             $150 Commercial ..............                $500 Commercial ..............                $2,700 5 Commercial .........                $9,000 Commercial ...........                 +$6,300 Commercial.
                        years (formerly ‘‘standard’’) 4.                   hours. The rule revises fees
                                                                           and nonhour costs.




PO 00000
                      3–200–72—Eagle Nest Take                           Approval covered number of re-                          $150 Non-commercial .......                   $150 Non-commercial .......                   $150 Non-commercial .......                  $150 Non-commercial .......                   $0 Non-commercial.
                        Amendment–single nest (for-                        sponses and annual burden                             $150 Commercial ..............                $500 Commercial ..............                $600 6 Commercial ............               $2,000 Commercial ...........                 +$1,400 Commercial.
                        merly ‘‘standard’’) 4.                             hours. The rule revises fees
                                                                           and nonhour costs.
                      3–200–71—Amendment–Eagle                           Approval covered number of re-                          $1,000 Commercial ...........                 No Fee 7 ............................         $1,000 Commercial ...........                ...........................................   – $1,000 Commercial.




Frm 00080
                        Incidental Take–programmatic.                      sponses and annual burden
                                                                           hours.

                                                                                                                                 NEW REPORTING REQUIREMENT AND NEW ADMINISTRATION FEE




Fmt 4700
                      § 22.26(c)(7)(ii)—Permit reviews.                  .....................................................   0 ........................................    $8,000 ...............................        0 ........................................   $32,000 .............................         +$32,000.
                         At no more than 5 years from
                         the date a permit that exceeds
                         5 years is issued, and every 5




Sfmt 4700
                         years thereafter, the permittee
                         compiles and submits to the
                         Service eagle fatality data or
                         other pertinent information that
                         is site-specific for the project.8.

                           Total .....................................   .....................................................   ...........................................   ...........................................   $92,250 .............................        $431,450 ...........................          $359,200.
                        1 Approved    under 1018–0022: 145 annual responses (25 from individuals/households (homeowners) and 120 from the private sector (commercial), totaling 2,320 annual burden hours) (400 burden hours for individ-




E:\FR\FM\23JAR1.SGM
                      uals and 1,920 annual burden hours for private sector); $500 permit fee for both individuals and private sector for a total nonhour burden cost of $72,500. The rule changes the application fees: Homeowner fee re-
                      mains $500; private sector fee (commercial) increases to $2,500. Total for 25 homeowners = $12,500; total for 125 commercial applicants = $300,000.
                         2 Approved under 1018–0022 (standard and programmatic permits were combined): 30 responses (10 from individuals/homeowners and 20 from private sector (commercial), totaling 480 burden hours) (160 hours
                      (individuals) and 320 hours (private sector)). Homeowner fee remains $500; private sector fee (commercial) increases to $2,500. Total for 10 homeowners = $5,000.; total for 20 commercial applicants = $50,000.
                         3 Approved under 1018–0022 (standard and programmatic permits were combined): 9 responses (1 from individuals/homeowners (noncommercial) and 8 from private sector (commercial), totaling 360 burden hours)




23JAR1
                      (40 hours (individuals) and 320 hours (private sector)). The homeowner fee increases to $500; private sector fee (commercial) increases to $5,000. Total for 1 homeowner = $500; total for 8 commercial = $40,000.
                         4 The amendments for standard nonpurposeful eagle take permits and standard eagle nest take permits are combined in the approved collection for a total of 25. Here they are split into 20 eagle incidental take per-
                      mit amendments and 5 eagle nest take permit amendments.
                         5 Two homeowner; 18 commercial.
                         6 One homeowner; four commercial.
                         7 The amendment fee for long-term programmatic permits was approved under 1018–0022. However, the rule removes this fee because the costs associated with it are included under the administration fee.
                         8 This is a new reporting requirement as well as a new administration fee and applies only to commercial permittees. We will not receive any reports or assess the administration fee until after a permittee has had a
                                                                                                                                                                                                                                                                                                                                                   Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations




                      permit for 5 years (earliest probably 2022). We estimate that we will receive 19 responses every 5 years, which, annualized over the 3-year period of OMB approval, results in 4 responses annually. We estimate that
                      each response will take 8 hours, for a total of 32 annual burden hours. We will assess an $8,000 administration fee for each permittee for a total of $32,000. Note: This burden reflects what will be imposed in 5 years.
                      Each 5 years thereafter, the burden and nonhour costs will increase because of the number of permittees holding 5-year or longer term permits.


                                                                  Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations                                           7711

                                                  Estimated Total Hour Burden: 23,304                   DEPARTMENT OF COMMERCE                                 DATES:  This final rule is effective on
                                                hours; the total number of new                                                                                 March 24, 2017.
                                                respondents is 60.                                      National Oceanic and Atmospheric                       FOR FURTHER INFORMATION CONTACT: Dan
                                                                                                        Administration                                         Tonnes, NMFS, West Coast Region,
                                                  Estimated Total Hour Burden Cost:
                                                $798,395 for gathering information                                                                             Protected Resources Division, 206–526–
                                                                                                        50 CFR Parts 223, 224, and 226                         4643; or Chelsey Young, NMFS, Office
                                                required to support an application,
                                                which may include preparation of an                                                                            of Protected Resources, 301–427–8491.
                                                                                                        [Docket No. 160524463–7001–02]
                                                Eagle Conservation Plan (ECP). This                                                                            SUPPLEMENTARY INFORMATION:
                                                amount includes 650 hours for                           RIN 0648–XE657                                         Background
                                                preconstruction monitoring surveys of
                                                                                                                                                                  On April 9, 2007, we received a
                                                eagle use of the project site and 700                   Endangered and Threatened Species;
                                                                                                                                                               petition from Mr. Sam Wright (Olympia,
                                                hours of postconstruction monitoring                    Removal of the Puget Sound/Georgia
                                                                                                                                                               Washington) to list DPSs of five rockfish
                                                for each respondent. Preparation of the                 Basin Distinct Population Segment of
                                                                                                                                                               species (yelloweye, canary, bocaccio,
                                                application, which may include                          Canary Rockfish From the Federal List
                                                                                                                                                               greenstriped and redstripe) in Puget
                                                preparation of an ECP, will take                        of Threatened and Endangered
                                                                                                                                                               Sound, as endangered or threatened
                                                approximately 200 hours per                             Species and Removal of Designated
                                                                                                                                                               species under the ESA and to designate
                                                respondent. These burden hours apply                    Critical Habitat, and Update and
                                                                                                                                                               critical habitat. We found that this
                                                only to those seeking a long-term eagle                 Amendment to the Listing Descriptions
                                                                                                                                                               petition did not present substantial
                                                take permit. In addition, those that                    for the Yelloweye Rockfish DPS and
                                                                                                                                                               scientific or commercial information to
                                                receive a permit are required to report                 Bocaccio DPS
                                                                                                                                                               suggest that the petitioned actions may
                                                take of eagles and threatened or                        AGENCY:  National Marine Fisheries                     be warranted (72 FR 56986; October 5,
                                                endangered species within 48 hours of                   Service (NMFS), National Oceanic and                   2007). On October 29, 2007, we received
                                                discovery of the take. It is estimated that             Atmospheric Administration (NOAA),                     a letter from Mr. Wright presenting
                                                of the 15 projects permitted to take                    Commerce.                                              information that was not included in the
                                                eagles each year, 10 will actually take                 ACTION: Final rule.                                    April 2007 petition, and requesting
                                                eagles, requiring 2 hours per respondent                                                                       reconsideration of the decision not to
                                                to report. Take of threatened or                        SUMMARY:    We, NMFS, are issuing a final              initiate a review of the species’ status.
                                                endangered species is expected to be a                  rule to remove the Puget Sound/Georgia                 We considered the supplemental
                                                rare event, and occur at only 1 of the 15               Basin canary rockfish (Sebastes                        information as a new petition and
                                                projects permitted each year, requiring                 pinniger) Distinct Population Segment                  concluded that there was enough
                                                only 2 hours to report. The burden                      (DPS) from the Federal List of                         information in this new petition to
                                                hours also include the costs for the 5-                 Threatened and Endangered Species                      warrant conducting status reviews of
                                                year permit review. We estimate 8 hours                 and remove its critical habitat                        these five rockfish species. The status
                                                per respondent to complete the                          designation. We proposed these actions                 review was initiated on March 17, 2008
                                                                                                        based on newly obtained samples and                    (73 FR 14195) and completed in 2010
                                                requirements of the permit review for a
                                                                                                        genetic analysis that demonstrates that                (Drake et al., 2010).
                                                total of 32 hours.
                                                                                                        the Puget Sound/Georgia Basin canary                      In the 2010 status review, the
                                                  Estimated New Total Nonhour Burden                    rockfish population does not meet the                  Biological Review Team (BRT) used the
                                                Cost: $359,200 for administration fees                  DPS criteria and therefore does not                    best scientific and commercial data
                                                and application fees associated with                    qualify for listing under the Endangered               available at that time, including
                                                changes implemented by this rule. This                  Species Act (ESA). Following public                    environmental and ecological features of
                                                amount does not include the nonhour                     and peer review of the proposed rule                   the Puget Sound/Georgia Basin, but
                                                cost burden for eagle or eagle nest take                and supporting scientific information,                 noted that the limited genetic and
                                                permits approved under OMB Control                      this final rule implements the changes                 demographic data for the five petitioned
                                                No. 1018–0022. States, local                            to the listing and critical habitat for                rockfish species populations created
                                                governments, and tribal governments                     canary rockfish.                                       some uncertainty in the DPS
                                                are exempt from paying these fees.                        We also update and amend the listing                 determinations (Drake et al., 2010). The
                                                                                                        description for the Puget Sound/Georgia                BRT assessed genetic data from the
                                                  An agency may not conduct or
                                                                                                        Basin yelloweye rockfish (S.                           Strait of Georgia (inside waters of
                                                sponsor and you are not required to
                                                                                                        ruberrimus) DPS based on a geographic                  eastern Vancouver Island) for yelloweye
                                                respond to a collection of information                  description to include fish within                     rockfish (Yamanaka et al., 2006) that
                                                unless it displays a currently valid OMB                specified boundaries. Further, although                indicated a distinct genetic cluster that
                                                control number.                                         the current listing description is not                 differed consistently from coastal
                                                  Dated: January 12, 2017.                              based on boundaries, with this final rule              samples of yelloweye rockfish, but also
                                                Michael J. Bean,                                        we are also correcting a descriptive                   observed that genetic data from Puget
                                                Principal Deputy Assistant Secretary for Fish           boundary for the DPS depicted on maps                  Sound were not available for this
                                                and Wildlife and Parks.                                 to include an area in the northern                     species. The BRT also noted there was
                                                [FR Doc. 2017–01284 Filed 1–19–17; 8:45 am]
                                                                                                        Johnstone Strait and Queen Charlotte                   genetic information for canary rockfish
                                                                                                        Channel in waters of Canada consistent                 (Wishard et al., 1980) and bocaccio
                                                BILLING CODE 4333–15–P
                                                                                                        with newly obtained genetic                            (Matala et al., 2004, Field et al., 2009)
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        information on yelloweye rockfish                      in coastal waters, but no genetic data for
                                                                                                        population grouping.                                   either species from inland Puget Sound
                                                                                                          We also update and amend the listing                 waters. The BRT found that in spite of
                                                                                                        description for the bocaccio DPS based                 these data limitations there was other
                                                                                                        on a geographic description and to                     evidence to conclude that each noted
                                                                                                        include fish within specified                          population of rockfish within inland
                                                                                                        boundaries.                                            waters of the Puget Sound/Georgia


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Document Created: 2017-01-20 01:29:27
Document Modified: 2017-01-20 01:29:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; information collection requirements.
DatesOMB approved the information collection requirements on January 6, 2017, for the final rule that published at 81 FR 91494 on December 16, 2016.
ContactTina Campbell, Chief, Division of Policy, Performance, and Management Programs; 703-358-2676.
FR Citation82 FR 7708 
RIN Number1018-AY30
CFR Citation50 CFR 13
50 CFR 22

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