83_FR_40484 83 FR 40327 - Incidental Take Permit Applications Received To Participate in the American Burying-Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma

83 FR 40327 - Incidental Take Permit Applications Received To Participate in the American Burying-Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 157 (August 14, 2018)

Page Range40327-40328
FR Document2018-17502

Under the Endangered Species Act (ESA), as amended, we, the U.S. Fish and Wildlife Service, invite the public to comment on Federally-listed American burying-beetle incidental take permit (ITP) applications. The applicants anticipate American burying-beetle take as a result of impacts to Oklahoma habitat the species uses for breeding, feeding, and sheltering. The take would be incidental to the applicants' activities associated with oil and gas well field and pipeline infrastructure (gathering, transmission, and distribution), including geophysical exploration (seismic), construction, maintenance, operation, repair, decommissioning, and reclamation. If approved, the permits would be issued under the approved American Burying Beetle Amended Oil and Gas Industry Conservation Plan (ICP) Endangered Species Act Section 10(a)(1)(B) Permit Issuance in Oklahoma.

Federal Register, Volume 83 Issue 157 (Tuesday, August 14, 2018)
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40327-40328]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17502]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2018-N065; FXES11140200000-189-FF02ENEH00]


Incidental Take Permit Applications Received To Participate in 
the American Burying-Beetle Amended Oil and Gas Industry Conservation 
Plan in Oklahoma

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: Under the Endangered Species Act (ESA), as amended, we, the 
U.S. Fish and Wildlife Service, invite the public to comment on 
Federally-listed American burying-beetle incidental take permit (ITP)

[[Page 40328]]

applications. The applicants anticipate American burying-beetle take as 
a result of impacts to Oklahoma habitat the species uses for breeding, 
feeding, and sheltering. The take would be incidental to the 
applicants' activities associated with oil and gas well field and 
pipeline infrastructure (gathering, transmission, and distribution), 
including geophysical exploration (seismic), construction, maintenance, 
operation, repair, decommissioning, and reclamation. If approved, the 
permits would be issued under the approved American Burying Beetle 
Amended Oil and Gas Industry Conservation Plan (ICP) Endangered Species 
Act Section 10(a)(1)(B) Permit Issuance in Oklahoma.

DATES: To ensure consideration, written comments must be received on or 
before September 13, 2018.

ADDRESSES: You may obtain copies of all documents and submit comments 
on the applicants' ITP applications by one of the following methods. 
Please refer to the proposed permit number when requesting documents or 
submitting comments.
     Email: fw2_hcp_permits@fws.gov.
     U.S. Mail: U.S. Fish and Wildlife Service, Endangered 
Species--HCP Permits, P.O. Box 1306, Room 6093, Albuquerque, NM 87103.

FOR FURTHER INFORMATION CONTACT: Marty Tuegel, Branch Chief, by U.S. 
mail at U.S. Fish and Wildlife Service, Environmental Review Division, 
P.O. Box 1306, Room 6078, Albuquerque, NM 87103; or by telephone at 
505-248-6651.

SUPPLEMENTARY INFORMATION: 

Introduction

    Under the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), we, 
the U.S. Fish and Wildlife Service, invite the public to comment on ITP 
applications to take the Federally-listed American burying-beetle 
(Nicrophorus americanus) during oil and gas well field infrastructure 
geophysical exploration (seismic) and construction, maintenance, 
operation, repair, and decommissioning, as well as oil and gas 
gathering, transmission, and distribution pipeline infrastructure 
construction, maintenance, operation, repair, decommissioning, and 
reclamation in Oklahoma.
    If approved, the permits would be issued to the applicants under 
the American Burying Beetle Amended Oil and Gas Industry Conservation 
Plan (ICP) Endangered Species Act Section 10(a)(1)(B) Permit Issuance 
in Oklahoma. The original ICP was approved on May 21, 2014, and the 
``no significant impact'' finding notice was published in the Federal 
Register on July 25, 2014 (79 FR 43504). The draft amended ICP was made 
available for comment on March 8, 2016 (81 FR 12113), and approved on 
April 13, 2016. The ICP and the associated environmental assessment/
finding of no significant impact are available on our website at http://www.fws.gov/southwest/es/oklahoma/ABBICP. However, we are no longer 
taking comments on these finalized, approved documents.

Applications Available for Review and Comment

    We invite local, state, Tribal, and Federal agencies, and the 
public to comment on the following applications under the ICP, for 
incidentally taking the Federally-listed American burying-beetle. 
Please refer to the appropriate proposed permit number (TE84779C, 
TE84778C, or TE84781C) when requesting application documents and when 
submitting comments. Documents and other information the applicants 
have submitted are available for review, subject to Privacy Act (5 
U.S.C. 552a) and Freedom of Information Act (5 U.S.C. 552) 
requirements.

Permit TE84779C

Applicant: Midship Pipeline Company, LLC, Houston, TX.

    Applicant requests a permit for oil and gas upstream and midstream 
production, including oil and gas well field infrastructure geophysical 
exploration (seismic) and construction, maintenance, operation, repair, 
and decommissioning, as well as oil and gas gathering, transmission, 
and distribution pipeline infrastructure construction, maintenance, 
operation, repair, decommissioning, and reclamation in Oklahoma.

Permit TE84778C

Applicant: Blue Water Resources, LLC, Tulsa, OK.

    Applicant requests a permit for oil and gas upstream and midstream 
production, including oil and gas well field infrastructure geophysical 
exploration (seismic) and construction, maintenance, operation, repair, 
and decommissioning, as well as oil and gas gathering, transmission, 
and distribution pipeline infrastructure construction, maintenance, 
operation, repair, decommissioning, and reclamation in Oklahoma.

Permit TE84781C

Applicant: VM ARKOMA Stack, LLC, Oklahoma City, OK.

    Applicant requests a permit for oil and gas upstream and midstream 
production, including oil and gas well field infrastructure geophysical 
exploration (seismic) and construction, maintenance, operation, repair, 
and decommissioning, as well as oil and gas gathering, transmission, 
and distribution pipeline infrastructure construction, maintenance, 
operation, repair, decommissioning, and reclamation in Oklahoma.

Public Availability of Comments

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

Authority

    We provide this notice under the ESA, section 10(c) (16 U.S.C. 1531 
et seq.) and its implementing regulations (50 CFR 17.22) and the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its 
implementing regulations (40 CFR 1506.6).

    Dated: May 14, 2018.
Amy L. Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2018-17502 Filed 8-13-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                 40327

                                              is issued, the applicant would receive                    2. Any threats to the Indiana bat and               or other supporting documents by one
                                              assurances under the Service’s No                       the northern long-eared bat that may                  of the methods listed in ADDRESSES. We
                                              Surprises policy, as codified at 50 CFR                 influence their populations over the life             request that you send comments by only
                                              17.22(b)(5).                                            of the ITP that are not addressed in the              one of the methods described in
                                                 The applicant proposes to operate a                  draft HCP or draft EA;                                ADDRESSES.
                                              maximum of 100 wind turbines and                          3. Any new information on white-                      Comments and materials we receive,
                                              associated facilities (described below)                 nose syndrome effects on the Indiana
                                                                                                                                                            as well as documents associated with
                                              for a period of 27 years in Randolph                    bat and the northern long-eared bat; and
                                                                                                                                                            the notice, will be available for public
                                              County, Indiana. The project consists of                  4. Any other information pertinent to
                                                                                                      evaluating the effects of the proposed                inspection by appointment, during
                                              wind turbines, associated access roads,                                                                       normal business hours, at the Indiana
                                              an underground and aboveground                          action on the Indiana bat and the
                                                                                                      northern long-eared bat.                              Ecological Services Field Office in
                                              electrical collector system, one                                                                              Bloomington, Indiana (see FOR FURTHER
                                              substation containing transformers that                 Alternatives in the Draft EA                          INFORMATION CONTACT). Before including
                                              feed electricity into an existing 345-                                                                        your address, phone number, email
                                              kilovolt (kV) electrical tie-in line, a 10-                The DEA contains an analysis of four
                                                                                                      alternatives: (1) No Action alternative,              address, or other personal identifying
                                              mile generator lead line, three                                                                               information in your comment, you
                                              permanent meteorological towers, and                    in which all 100 turbines would be
                                                                                                      feathered from 1⁄2 hour before sunset to              should be aware that your entire
                                              an operations and maintenance                           1⁄2 hour after sunrise up to 5.0 meters               comment—including your personal
                                              building. Project facilities and
                                                                                                      per second (m/s) from March 15 through                identifying information—may be made
                                              infrastructure are placed on private land
                                                                                                      May 15 and up to 6.9 m/s from August                  publicly available at any time. While
                                              via long-term easement agreements
                                                                                                      1 through October 15. In addition, 10                 you can ask us in you comment to
                                              between the applicant and respective
                                                                                                      turbines within 1,000 feet of suitable                withhold your personal identifying
                                              landowners.
                                                                                                      habitat would be feathered up to 6.9 m/               information from public review, we
                                                 The draft HCP describes the impacts                                                                        cannot guarantee that we will be able to
                                              of take associated with the operation of                s with the rest of the turbines feathered
                                                                                                      up to manufacturer’s cut-in speed (3.0                do so.
                                              the Headwaters Wind Farm and
                                              includes measures to avoid, minimize,                   m/s) from May 16 through July 31. This                Authority
                                              mitigate, and monitor the impacts of                    curtailment regime would occur each
                                              incidental take on the Indiana bat and                  year during the operational life (27                    We provide this notice under section
                                              the northern long-eared bat. The                        years) of Headwaters; (2) the 5.0 m/s                 10(c) of the ESA (16 U.S.C. 1531 et seq.)
                                              applicant will mitigate for take and                    Cut-In Speed (feathered) Alternative                  and its implementing regulations (50
                                              associated impacts through protection                   including implementation of the HCP                   CFR 17.22) and the NEPA (42 U.S.C.
                                              and restoration of maternity colony                     and issuance of a 27-year ITP; (3) the 6.5            4371 et seq.) and its implementing
                                              habitat and/or swarming habitat, and                    m/s Cut-In Speed (feathered)                          regulations (40 CFR 1506.6; 43 CFR part
                                              gating of an Indiana bat hibernacula.                   Alternative, including implementation                 46).
                                              Habitat mitigation, including any                       of the HCP and issuance of a 27-year
                                                                                                                                                              Dated: April 18, 2018.
                                              restored habitat, will occur on private                 ITP; and (4) the 4.0 m/s Cut-In Speed
                                                                                                      (feathered) Alternative, including                    Lori H. Nordstrom,
                                              land and be permanently protected by
                                                                                                      implementation of the HCP and                         Assistant Regional Director, Ecological
                                              restrictive covenants approved by the                                                                         Services, Midwest Region.
                                              Service. Chapter 5 of the HCP describes                 issuance of a 27-year ITP. The DEA
                                              the Conservation Program, including                     considers the direct, indirect, and                   [FR Doc. 2018–17485 Filed 8–13–18; 8:45 am]

                                              details of avoidance and minimization                   cumulative effects of the alternatives,               BILLING CODE 4333–15–P

                                              measures, compensatory mitigation, and                  including any measures under the
                                              adaptive management that will limit                     Proposed Action alternative intended to
                                              and mitigate for the take of Indiana bats               minimize and mitigate such impacts.                   DEPARTMENT OF THE INTERIOR
                                              and northern long-eared bats.                           The DEA also identifies two additional
                                                                                                      alternatives that were considered but                 Fish and Wildlife Service
                                                 The Service is soliciting information
                                                                                                      were eliminated from analysis as
                                              regarding the adequacy of the HCP to
                                                                                                      detailed in Section 3.4 of the DEA.                   [FWS–R2–ES–2018–N065;
                                              avoid, minimize, mitigate, and monitor
                                                                                                         The Service invites comments and                   FXES11140200000–189–FF02ENEH00]
                                              the proposed incidental take of the
                                                                                                      suggestions from all interested parties
                                              covered species and to provide for
                                                                                                      on the content of the DEA. In particular,             Incidental Take Permit Applications
                                              adaptive management. In compliance
                                                                                                      information and comments regarding                    Received To Participate in the
                                              with section 10(c) of the ESA (16 U.S.C.
                                                                                                      the following topics are requested:                   American Burying-Beetle Amended Oil
                                              1539(c)), the Service is making the ITP                    1. The direct, indirect, or cumulative             and Gas Industry Conservation Plan in
                                              application materials available for                     effects that implementation of any                    Oklahoma
                                              public review and comment as                            alternative could have on the human
                                              described above.                                        environment;                                          AGENCY:     Fish and Wildlife Service,
                                                 We invite comments and suggestions                      2. Whether or not the significance of              Interior.
                                              from all interested parties on the draft                the impact on various aspects of the
                                              documents associated with the ITP                       human environment has been                            ACTION: Notice of availability; request
                                              application (HCP and HCP Appendices),                   adequately analyzed; and                              for public comments.
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                                              and request that comments be as                            3. Any other information pertinent to
                                              specific as possible. In particular, we                 evaluating the effects of the proposed                SUMMARY:  Under the Endangered
                                              request information and comments on                     action on the human environment.                      Species Act (ESA), as amended, we, the
                                              the following topics:                                                                                         U.S. Fish and Wildlife Service, invite
                                                 1. Whether adaptive management and                   Public Comments                                       the public to comment on Federally-
                                              monitoring provisions in the Proposed                     You may submit your comments and                    listed American burying-beetle
                                              Action alternative are sufficient;                      materials related to the draft HCP, DEA,              incidental take permit (ITP)


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                                              40328                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              applications. The applicants anticipate                 published in the Federal Register on                  production, including oil and gas well
                                              American burying-beetle take as a result                July 25, 2014 (79 FR 43504). The draft                field infrastructure geophysical
                                              of impacts to Oklahoma habitat the                      amended ICP was made available for                    exploration (seismic) and construction,
                                              species uses for breeding, feeding, and                 comment on March 8, 2016 (81 FR                       maintenance, operation, repair, and
                                              sheltering. The take would be incidental                12113), and approved on April 13, 2016.               decommissioning, as well as oil and gas
                                              to the applicants’ activities associated                The ICP and the associated                            gathering, transmission, and
                                              with oil and gas well field and pipeline                environmental assessment/finding of no                distribution pipeline infrastructure
                                              infrastructure (gathering, transmission,                significant impact are available on our               construction, maintenance, operation,
                                              and distribution), including geophysical                website at http://www.fws.gov/                        repair, decommissioning, and
                                              exploration (seismic), construction,                    southwest/es/oklahoma/ABBICP.                         reclamation in Oklahoma.
                                              maintenance, operation, repair,                         However, we are no longer taking
                                                                                                      comments on these finalized, approved                 Public Availability of Comments
                                              decommissioning, and reclamation. If
                                              approved, the permits would be issued                   documents.                                              Written comments we receive become
                                              under the approved American Burying                                                                           part of the public record associated with
                                                                                                      Applications Available for Review and                 this action. Before including your
                                              Beetle Amended Oil and Gas Industry                     Comment
                                              Conservation Plan (ICP) Endangered                                                                            address, phone number, email address,
                                              Species Act Section 10(a)(1)(B) Permit                    We invite local, state, Tribal, and                 or other personal identifying
                                              Issuance in Oklahoma.                                   Federal agencies, and the public to                   information in your comment, you
                                                                                                      comment on the following applications                 should be aware that your entire
                                              DATES: To ensure consideration, written
                                                                                                      under the ICP, for incidentally taking                comment—including your personal
                                              comments must be received on or before
                                                                                                      the Federally-listed American burying-                identifying information—may be made
                                              September 13, 2018.
                                                                                                      beetle. Please refer to the appropriate               publicly available at any time. While
                                              ADDRESSES: You may obtain copies of                     proposed permit number (TE84779C,                     you can request in your comment that
                                              all documents and submit comments on                    TE84778C, or TE84781C) when                           we withhold your personal identifying
                                              the applicants’ ITP applications by one                 requesting application documents and                  information from public review, we
                                              of the following methods. Please refer to               when submitting comments. Documents                   cannot guarantee that we will be able to
                                              the proposed permit number when                         and other information the applicants                  do so. All submissions from
                                              requesting documents or submitting                      have submitted are available for review,              organizations or businesses, and from
                                              comments.                                               subject to Privacy Act (5 U.S.C. 552a)
                                                 • Email: fw2_hcp_permits@fws.gov.                                                                          individuals identifying themselves as
                                                                                                      and Freedom of Information Act (5                     representatives or officials of
                                                 • U.S. Mail: U.S. Fish and Wildlife                  U.S.C. 552) requirements.
                                              Service, Endangered Species—HCP                                                                               organizations or businesses, will be
                                              Permits, P.O. Box 1306, Room 6093,                      Permit TE84779C                                       made available for public disclosure in
                                              Albuquerque, NM 87103.                                                                                        their entirety.
                                                                                                      Applicant: Midship Pipeline Company,
                                              FOR FURTHER INFORMATION CONTACT:                           LLC, Houston, TX.                                  Authority
                                              Marty Tuegel, Branch Chief, by U.S.                        Applicant requests a permit for oil                  We provide this notice under the
                                              mail at U.S. Fish and Wildlife Service,                 and gas upstream and midstream                        ESA, section 10(c) (16 U.S.C. 1531 et
                                              Environmental Review Division, P.O.                     production, including oil and gas well                seq.) and its implementing regulations
                                              Box 1306, Room 6078, Albuquerque,                       field infrastructure geophysical                      (50 CFR 17.22) and the National
                                              NM 87103; or by telephone at 505–248–                   exploration (seismic) and construction,               Environmental Policy Act (42 U.S.C.
                                              6651.                                                   maintenance, operation, repair, and                   4321 et seq.) and its implementing
                                              SUPPLEMENTARY INFORMATION:                              decommissioning, as well as oil and gas               regulations (40 CFR 1506.6).
                                                                                                      gathering, transmission, and
                                              Introduction                                            distribution pipeline infrastructure                    Dated: May 14, 2018.
                                                 Under the Endangered Species Act                     construction, maintenance, operation,                 Amy L. Lueders,
                                              (ESA; 16 U.S.C. 1531 et seq.), we, the                  repair, decommissioning, and                          Regional Director, Southwest Region, U.S.
                                              U.S. Fish and Wildlife Service, invite                  reclamation in Oklahoma.                              Fish and Wildlife Service.
                                              the public to comment on ITP                                                                                  [FR Doc. 2018–17502 Filed 8–13–18; 8:45 am]
                                              applications to take the Federally-listed               Permit TE84778C                                       BILLING CODE 4333–15–P
                                              American burying-beetle (Nicrophorus                    Applicant: Blue Water Resources, LLC,
                                              americanus) during oil and gas well                        Tulsa, OK.
                                              field infrastructure geophysical                           Applicant requests a permit for oil                DEPARTMENT OF THE INTERIOR
                                              exploration (seismic) and construction,                 and gas upstream and midstream
                                                                                                                                                            Bureau of Land Management
                                              maintenance, operation, repair, and                     production, including oil and gas well
                                              decommissioning, as well as oil and gas                 field infrastructure geophysical                      [LLNVL03000 L58480000.EU0000 241A; 14–
                                              gathering, transmission, and                            exploration (seismic) and construction,               08807; MO #4500116369; TAS: 14X1109]
                                              distribution pipeline infrastructure                    maintenance, operation, repair, and
                                              construction, maintenance, operation,                   decommissioning, as well as oil and gas               Notice of Realty Action: Competitive
                                              repair, decommissioning, and                            gathering, transmission, and                          Sale of Nine Parcels of Public Land in
                                              reclamation in Oklahoma.                                distribution pipeline infrastructure                  Lincoln County, NV
                                                 If approved, the permits would be                    construction, maintenance, operation,                 AGENCY:   Bureau of Land Management,
                                              issued to the applicants under the                      repair, decommissioning, and                          Interior.
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                                              American Burying Beetle Amended Oil                     reclamation in Oklahoma.                              ACTION: Notice of realty action.
                                              and Gas Industry Conservation Plan
                                              (ICP) Endangered Species Act Section                    Permit TE84781C                                       SUMMARY:   The Bureau of Land
                                              10(a)(1)(B) Permit Issuance in                          Applicant: VM ARKOMA Stack, LLC,                      Management (BLM) proposes to offer by
                                              Oklahoma. The original ICP was                            Oklahoma City, OK.                                  competitive sale 9 parcels of public land
                                              approved on May 21, 2014, and the ‘‘no                    Applicant requests a permit for oil                 totaling 296.09 acres in Lincoln County,
                                              significant impact’’ finding notice was                 and gas upstream and midstream                        Nevada, pursuant to the Lincoln County


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Document Created: 2018-08-14 02:18:40
Document Modified: 2018-08-14 02:18:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for public comments.
DatesTo ensure consideration, written comments must be received on or before September 13, 2018.
ContactMarty Tuegel, Branch Chief, by U.S. mail at U.S. Fish and Wildlife Service, Environmental Review Division, P.O. Box 1306, Room 6078, Albuquerque, NM 87103; or by telephone at 505-248-6651.
FR Citation83 FR 40327 

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