83_FR_24181 83 FR 24080 - Migratory Bird Permits; Programmatic Environmental Impact Statement

83 FR 24080 - Migratory Bird Permits; Programmatic Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 101 (May 24, 2018)

Page Range24080-24080
FR Document2018-11147

We, the U.S. Fish and Wildlife Service (Service), inform the public that we are no longer considering preparation of a programmatic environmental impact statement (PEIS) pursuant to the National Environmental Policy Act to evaluate the potential environmental impacts of a proposed rule to authorize incidental take of migratory birds under the Migratory Bird Treaty Act.

Federal Register, Volume 83 Issue 101 (Thursday, May 24, 2018)
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Proposed Rules]
[Page 24080]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11147]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket No. FWS-HQ-MB-2014-0067; FF09M29000-156-FXMB1232090BPP0]


Migratory Bird Permits; Programmatic Environmental Impact 
Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Announcement.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), inform the 
public that we are no longer considering preparation of a programmatic 
environmental impact statement (PEIS) pursuant to the National 
Environmental Policy Act to evaluate the potential environmental 
impacts of a proposed rule to authorize incidental take of migratory 
birds under the Migratory Bird Treaty Act.

DATES: As of May 24, 2018, no further action will be taken in regard to 
the notice of intent to prepare a PEIS that was published in the 
Federal Register on May 26, 2015 (80 FR 30032).

ADDRESSES: The notice of intent and the comments received can be viewed 
online at www.regulations.gov in Docket No. FWS-HQ-MB-2014-0067.

FOR FURTHER INFORMATION CONTACT: Ken Richkus, Deputy Chief, Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, 5275 
Leesburg Pike, Falls Church, VA 22041-3803, telephone 703-358-1780.

SUPPLEMENTARY INFORMATION: 

Background

    On May 26, 2015, the Service published in the Federal Register a 
notice of intent (80 FR 30032) to prepare a programmatic environmental 
impact statement (PEIS) pursuant to the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321-4347). The purpose of the PEIS was to 
evaluate the potential environmental impacts of a proposal to authorize 
incidental take of migratory birds under the Migratory Bird Treaty Act 
(MBTA; 16 U.S.C. 703-711). The Service was considering rulemaking to 
address various approaches to regulating incidental take of migratory 
birds. The regulations would also have provided protection for entities 
that had taken efforts to reduce incidental take by promoting 
implementation of appropriate conservation measures to avoid or reduce 
avian mortality.

Announcement

    Due to issuance of the December 22, 2017, DOI Solicitor Opinion (M-
37050), the actions contemplated are superseded, and we are no longer 
pursuing action on the PEIS as announced in the notice of intent that 
was published in the Federal Register on May 26, 2015 (80 FR 30032). We 
publish this document under the authorities of NEPA and the MBTA.

    Dated: May 16, 2018.
James W. Kurth,
Deputy Director for U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director for U.S. Fish and Wildlife Service.
[FR Doc. 2018-11147 Filed 5-23-18; 8:45 am]
 BILLING CODE 4310-55-P



                                                  24080                   Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Proposed Rules

                                                  for applicants filing pursuant to                       § 25.217   Default service rules.                     DATES: As of May 24, 2018, no further
                                                  § 25.122.                                               *      *     *     *     *                            action will be taken in regard to the
                                                  *     *    *      *    *                                   (b)(1) For all NGSO-like satellite                 notice of intent to prepare a PEIS that
                                                  ■ 12. Amend § 25.165 by revising                        licenses, except as specified in                      was published in the Federal Register
                                                  paragraphs (a) and (e), and adding                      paragraph (b)(4), for which the                       on May 26, 2015 (80 FR 30032).
                                                  paragraph (h) to read as follows:                       application was filed pursuant to the                 ADDRESSES: The notice of intent and the
                                                                                                          procedures set forth in § 25.157 after                comments received can be viewed
                                                  § 25.165   Surety bonds.                                August 27, 2003, authorizing operations               online at www.regulations.gov in Docket
                                                     (a) For all space station licenses                   in a frequency band for which the                     No. FWS–HQ–MB–2014–0067.
                                                  issued after September 20, 2004, other                  Commission has not adopted frequency
                                                                                                          band-specific service rules at the time               FOR FURTHER INFORMATION CONTACT: Ken
                                                  than licenses for DBS space stations,                                                                         Richkus, Deputy Chief, Division of
                                                  SDARS space stations, space stations                    the license is granted, the licensee will
                                                                                                          be required to comply with the                        Migratory Bird Management, U.S. Fish
                                                  licensed under the process outlined in                                                                        and Wildlife Service, 5275 Leesburg
                                                  section 25.122, and replacement space                   following technical requirements,
                                                                                                          notwithstanding the frequency bands                   Pike, Falls Church, VA 22041–3803,
                                                  stations as defined in paragraph (e) of                                                                       telephone 703–358–1780.
                                                  this section, the licensee must post a                  specified in these rule provisions:
                                                  bond within 30 days of the grant of its                 §§ 25.143(b)(2)(ii) (except NGSO FSS                  SUPPLEMENTARY INFORMATION:
                                                  license. Failure to post a bond will                    systems) and (iii), 25.204(e), and
                                                                                                                                                                Background
                                                  render the license null and void                        25.210(f) and (i).
                                                  automatically.                                          *      *     *     *     *                              On May 26, 2015, the Service
                                                  *      *     *     *     *                                 (4) For all small satellite licensees, for         published in the Federal Register a
                                                                                                          which the application was filed                       notice of intent (80 FR 30032) to prepare
                                                     (e) A replacement space station is one                                                                     a programmatic environmental impact
                                                                                                          pursuant to § 25.122, authorizing
                                                  that:                                                                                                         statement (PEIS) pursuant to the
                                                                                                          operations in a frequency band for
                                                     (1) Is authorized to operate at an                   which the Commission has not adopted                  National Environmental Policy Act
                                                  orbital location within ±0.15° of the                   frequency-band specific service rules at              (NEPA; 42 U.S.C. 4321–4347). The
                                                  assigned location of a GSO space station                the time the license is granted, the                  purpose of the PEIS was to evaluate the
                                                  to be replaced or is authorized for NGSO                licensee will not be required to comply               potential environmental impacts of a
                                                  operation and will replace an existing                  with the technical requirements                       proposal to authorize incidental take of
                                                  NGSO space station in its authorized                    specified in this section.                            migratory birds under the Migratory
                                                  orbit, except for space stations                                                                              Bird Treaty Act (MBTA; 16 U.S.C. 703–
                                                  authorized under section 25.122;                        *      *     *     *     *
                                                                                                          [FR Doc. 2018–10943 Filed 5–23–18; 8:45 am]           711). The Service was considering
                                                     (2) Is authorized to operate in the                                                                        rulemaking to address various
                                                                                                          BILLING CODE 6712–01–P
                                                  same frequency bands, and with the                                                                            approaches to regulating incidental take
                                                  same coverage area as the space station                                                                       of migratory birds. The regulations
                                                  to be replaced; and                                                                                           would also have provided protection for
                                                                                                          DEPARTMENT OF THE INTERIOR
                                                     (3) Is scheduled to be launched so that                                                                    entities that had taken efforts to reduce
                                                  it will be brought into use at                          Fish and Wildlife Service                             incidental take by promoting
                                                  approximately the same time, but no                                                                           implementation of appropriate
                                                  later than, as the existing space station               50 CFR Part 21                                        conservation measures to avoid or
                                                  is retired.                                                                                                   reduce avian mortality.
                                                                                                          [Docket No. FWS–HQ–MB–2014–0067;
                                                  *      *     *     *     *                              FF09M29000–156–FXMB1232090BPP0]                       Announcement
                                                     (h) Licensees of space stations under
                                                  the process outlined in § 25.122 need                   Migratory Bird Permits; Programmatic                    Due to issuance of the December 22,
                                                  not post a bond unless the space station                Environmental Impact Statement                        2017, DOI Solicitor Opinion (M–37050),
                                                  is not launched, orbiting, and                                                                                the actions contemplated are
                                                  operational, as described in § 25.164,                  AGENCY:   Fish and Wildlife Service,                  superseded, and we are no longer
                                                  within a period of one year plus 30 days                Interior.                                             pursuing action on the PEIS as
                                                  following grant of license. If the space                ACTION: Announcement.                                 announced in the notice of intent that
                                                  station is not operational following the                                                                      was published in the Federal Register
                                                                                                          SUMMARY:   We, the U.S. Fish and
                                                  one years plus 30 days period, then the                                                                       on May 26, 2015 (80 FR 30032). We
                                                                                                          Wildlife Service (Service), inform the
                                                  licensee must file a bond in accordance                                                                       publish this document under the
                                                                                                          public that we are no longer considering
                                                  with paragraph (a)(1) of this Section,                                                                        authorities of NEPA and the MBTA.
                                                                                                          preparation of a programmatic
                                                  and be subject to the requirements of                   environmental impact statement (PEIS)                   Dated: May 16, 2018.
                                                  paragraphs (b), (c), and (g) of this                    pursuant to the National Environmental                James W. Kurth,
                                                  section.                                                Policy Act to evaluate the potential                  Deputy Director for U.S. Fish and Wildlife
                                                  *      *     *     *     *                              environmental impacts of a proposed                   Service, Exercising the Authority of the
                                                  ■ 13. Amend § 25.217 by revising                        rule to authorize incidental take of                  Director for U.S. Fish and Wildlife Service.
                                                  paragraph (b)(1) and adding paragraph                   migratory birds under the Migratory                   [FR Doc. 2018–11147 Filed 5–23–18; 8:45 am]
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  (b)(4) to read as follows:                              Bird Treaty Act.                                      BILLING CODE 4310–55–P




                                             VerDate Sep<11>2014   18:08 May 23, 2018   Jkt 244001   PO 00000   Frm 00036   Fmt 4702   Sfmt 9990   E:\FR\FM\24MYP1.SGM   24MYP1



Document Created: 2018-05-24 00:05:44
Document Modified: 2018-05-24 00:05:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAnnouncement.
DatesAs of May 24, 2018, no further action will be taken in regard to the notice of intent to prepare a PEIS that was published in the Federal Register on May 26, 2015 (80 FR 30032).
ContactKen Richkus, Deputy Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, Falls Church, VA 22041-3803, telephone 703-358-1780.
FR Citation83 FR 24080 

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