83 FR 12808 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Land-Based Wind Energy Guidelines

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 57 (March 23, 2018)

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to revise an existing information collection.

[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12808-12810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05931]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2018-N019; FXHC11220900000-167-FF09E33000; OMB Control 
Number 1018-0148]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Land-Based 
Wind Energy Guidelines

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service, are proposing to revise an existing 
information collection.

DATES: Interested persons are invited to submit comments on or before 
April 23, 2018.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's Desk Officer for the 
Department of the Interior by email at [email protected]; or 
via facsimile to (202) 395-5806. Please provide a copy of your comments 
to the Service Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803 (mail); or by email to [email protected]. Please reference OMB 
Control Number 1018-0148 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at [email protected], or by 
telephone at (703) 358-2503. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    A Federal Register notice with a 60-day public comment period 
soliciting comments on this collection of information was published on 
October 10, 2017 (82 FR 47021). The following comment was received:
    Comment #1: Received from Michael Speerschneider, Senior Director, 
Permitting Policy and Environmental Affairs, and Gene Grace, Senior 
Counsel, American Wind Energy Association, on December 11, 2017, via 
email.
    The American Wind Energy Association (AWEA) comments were limited 
to the accuracy of the estimate of the burden for the collection of 
information detailed therein. They provided the Service with an 
estimate of the paperwork and respondent burden required for the wind 
industry to collect the data associated with the voluntary Land-Based 
Wind Energy Guidelines (``Guidelines'') on a per project basis. Based 
on a survey of their member companies involved in the development of 
wind energy facilities, they believe the updated estimates are a more 
accurate reflection of the work necessary to adhere to the Guidelines, 
and respectfully requested that the Service utilize this estimate, 
combined with other assumed costs (e.g., government agency costs) in 
this and any other analysis of the Guidelines going forward. Rather 
than have individual companies submit their respective data with 
respect to the estimate burden hours related to the Guidelines, AWEA 
submitted aggregated data and, therefore, chose not to include 
identifying information for any of their members that supplied the 
data.
    FWS Response to Comment #1: The Service thanks AWEA for the useful 
comments that they provided on this information collection, and 
specifically on the estimate of the burden hours and expenditures 
necessary to adhere to the voluntary Guidelines. We used this 
information to update the estimated burden, noting that there are 
significant differences between the Service's burden estimate developed 
several years ago, and AWEA's current estimate. We assume that these 
differences are a reflection of the wide range and variability in the 
size and degree of complexity of commercial-scale wind energy projects, 
and that changes in cost reflect that variability. We attempted to 
obtain further clarification and feedback from AWEA on that presumption 
but received no response.
    We are again soliciting comments on the proposed ICR that is 
described below. We are especially interested in public comment 
addressing the following issues: (1) Is the collection necessary to the 
proper functions of the Service; (2) will this information be processed 
and used in a timely manner; (3) is the estimate of burden accurate; 
(4) how might the Service enhance the quality, utility, and clarity of 
the information to be collected; and (5) how might the Service minimize 
the burden of this collection on the respondents, including through the 
use of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    Abstract: As wind energy production increased, both developers and 
wildlife agencies recognized the need for a system to evaluate and 
address the potential negative impacts of wind energy projects on 
species of concern. As a result, the Service worked with the wind 
energy industry, conservation nongovernmental organizations, Federal 
and State agencies, Tribes, and academia to develop the voluntary Land-
Based Wind Energy Guidelines (Guidelines; http://www.fws.gov/windenergy) to provide a structured, scientific process for addressing 
wildlife conservation concerns at all stages of land-based wind energy 
development. Released in 2012, the Guidelines promote effective 
communication among wind energy developers and Federal, State, Tribal, 
and local conservation agencies. When used in concert with appropriate 
regulatory tools, the Guidelines are the best practical approach for 
conserving species of concern.
    The Guidelines discuss various risks to species of concern from 
wind energy projects, including collisions with wind turbines and 
associated infrastructure; loss and degradation of habitat from 
turbines and infrastructure; fragmentation of large habitat blocks into 
smaller segments that may not support sensitive species; displacement 
and behavioral changes; and indirect

[[Page 12809]]

effects such as increased predator populations or introduction of 
invasive plants. The Guidelines assist developers in identifying 
species of concern that may potentially be affected by proposed 
projects, including but not limited to:
     Migratory birds;
     Bats;
     Bald and golden eagles, and other birds of prey;
     Prairie chickens and sage grouse; and
     Species that have been identified as candidates, or 
proposed or listed under the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq.).
    The Guidelines follow a tiered approach. The wind energy developer 
begins at Tier 1 or Tier 2, which entails gathering of existing data to 
help identify any potential risks to wildlife and their habitats at 
proposed wind energy project sites. The developer then proceeds through 
subsequent tiers, as appropriate, to collect information in increasing 
detail until the level of risk is adequately ascertained and a decision 
on whether or not to develop the site can be made. Many projects may 
not proceed beyond Tier 1 or 2, when developers become aware of 
potential barriers, including high risks to wildlife. Developers would 
only have an interest in adhering to the Guidelines for those projects 
that proceed beyond Tier 1 or 2.
    At each tier, wind energy developers and operators should retain 
documentation to provide to the Service. Such documentation may include 
copies of correspondence with the Service, results of pre- and post-
construction studies conducted at project sites, bird and bat 
conservation strategies, or any other record that supports a 
developer's adherence to the Guidelines. The extent of the 
documentation will depend on the conditions of the site being 
developed. Sites with greater risk of impacts to wildlife and habitats 
will likely involve more extensive communication with the Service and 
longer durations of pre- and post-construction studies than sites with 
little risk.
    Distributed or community-scale wind energy projects are unlikely to 
have significant adverse impacts to wildlife and their habitats. The 
Guidelines recommend that developers of these small-scale projects 
conduct the desktop analysis described in Tier 1 or Tier 2 using 
publicly available information to determine whether they should 
communicate with the Service. Since such project designs usually 
include a single turbine associated with existing development, 
conducting a Tier 1 or Tier 2 analysis for distributed or community-
scale wind energy projects should incur limited non-hour burden costs. 
For such projects, if there is no potential risk identified, a 
developer will have no need to communicate with the Service regarding 
the project or to conduct studies described in Tiers 3, 4, and 5.
    Adherence to the Guidelines is voluntary. Following the Guidelines 
does not relieve any individual, company, or agency of the 
responsibility to comply with applicable laws and regulations (i.e., 
species protected by the Endangered Species Act and/or Bald and Golden 
Eagle Protection Act (16 U.S.C. 668-668c)).
    Title of Collection: Land-Based Wind Energy Guidelines.
    OMB Control Number: 1018-0148.
    Form Number: None.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Developers and operators of wind 
energy facilities.
    Total Estimated Number of Annual Respondents: 160.
    Total Estimated Number of Annual Responses: 160.
    Estimated Completion Time per Response: Varies from 1 hour to 3,600 
hours, depending on activity.
    Total Estimated Number of Annual Burden Hours: 282,995.
    Respondent's Obligation: Voluntary.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: $36,870,000. Costs will 
depend on the size and complexity of issues associated with each 
project. These expenses may include, but are not limited to: Travel 
expenses for site visits, studies conducted, and meetings with the 
Service and other Federal and State agencies; training in survey 
methodologies; data management; special transportation, such as all-
terrain vehicles or helicopters; equipment needed for acoustic, 
telemetry, or radar monitoring; and carcass storage.

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                                                                                    Completion
                                   Annual number     Number of     Total annual      time per      Total annual
           Requirement            of respondents  responses each     responses       response      burden hours
                                                                                      (hours)
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                                            Tier 1 (Desktop Analysis)
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Reporting.......................              40               1              40              25           1,000
Recordkeeping...................  ..............  ..............  ..............               1              40
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                                         Tier 2 (Site Characterization)
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Reporting.......................              35               1              35             155           5,425
Recordkeeping...................  ..............  ..............  ..............               3             105
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                                        Tier 3 (Pre-construction studies)
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Reporting.......................              30               1              30           3,100          93,000
Recordkeeping...................  ..............  ..............  ..............               5             150
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                       Tier 4 (Post-construction fatality monitoring and habitat studies)
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Reporting.......................              45               1              45           3,600         162,000
Recordkeeping...................  ..............  ..............  ..............               5             225
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                                    Tier 5 (Other post-construction studies)
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Reporting.......................              10               1              10           2,100          21,000
Recordkeeping...................  ..............  ..............  ..............               5              50
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    Totals......................             160  ..............             160  ..............         282,995
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[[Page 12810]]

    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

    Dated: March 20, 2018.
Madonna L. Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-05931 Filed 3-22-18; 8:45 am]
 BILLING CODE 4333-15-P