83 FR 40781 - Habitat Conservation Plan for the Interior Least Tern and Application To Renew Incidental Take Permit; Gibson County, Indiana

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range		40781-40782
FR Document		2018-17664

We, the U.S. Fish and Wildlife Service, invite the public to comment on an application to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The ESA requires that we invite public comment before issuing these permits.

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40781-40782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17664]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2017-N155; FXES11140300000-189-FF03E00000]


Habitat Conservation Plan for the Interior Least Tern and 
Application To Renew Incidental Take Permit; Gibson County, Indiana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of permit application; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, invite the public to 
comment on an application to conduct certain activities with endangered 
species. With some exceptions, the Endangered Species Act (ESA) 
prohibits activities with endangered and threatened species unless a 
Federal permit allows such activity. The ESA requires that we invite 
public comment before issuing these permits.

DATES: We must receive any written comments on or before September 17, 
2018.

ADDRESSES: 
    Submitting Comments: Send written comments by U.S. Mail to the 
Regional Director, Attn: Phil Delphey, U.S. Fish and Wildlife Service, 
Ecological Services, 5600 American Blvd. West, Suite 990, Bloomington, 
MN 55437-1458; or via email to [email protected]. Specify that your 
comments pertain to TE016724.
    Obtaining Documents: For information on obtaining documents for 
review, see Public Comments.

FOR FURTHER INFORMATION CONTACT: Phil Delphey, 612-713-5318.

SUPPLEMENTARY INFORMATION:

Introduction

    Section 9 of the ESA and our implementing regulations in the Code 
of Federal Regulations (CFR) at 50 CFR part 17 prohibit the ``take'' of 
fish or wildlife species listed as endangered or threatened. Take of 
listed fish or wildlife is defined under the ESA as ``to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to 
attempt to engage in any such conduct'' (16 U.S.C. 1532(19)). However, 
under limited circumstances, we issue permits to authorize incidental 
take, i.e., take that is incidental to, and not the purpose of, the 
carrying out of an otherwise lawful activity.
    We invite public comment on permit renewal application TE016724, 
for certain activities with endangered species authorized by section

[[Page 40782]]

10(a)(2)(A) of the ESA (16 U.S.C. 1531 et seq.) and our regulations 
governing the taking of endangered species in the Code of Federal 
Regulations (CFR) at 50 CFR 17. Submit your written data, comments, or 
request for a copy of the complete application and Habitat Conservation 
Plan (HCP) to either address shown in ADDRESSES.

Background

    In 1986, a single pair of endangered Interior least terns (Sterna 
antillarum) nested at Cinergy Corporation's (Cinergy) Gibson Generating 
Station in Gibson County, Indiana. Since that time, the least tern 
colony at the facility has grown. During the 1990s, Cinergy worked 
cooperatively with the Indiana Department of Natural Resources (IDNR) 
and the Service to maintain favorable conditions for successful tern 
production at the Gibson Generating Station. Between 1986 and 1999, the 
largest number of terns recorded in a single year (1998) included an 
estimated 85 adult terns, 63 nests, and 72 fledged young. In the late 
1990s, Cinergy worked cooperatively with the IDNR and the Service to 
develop a Habitat Conservation Plan (HCP) regarding continued operation 
of the facility, and, in late 1999, the Service issued an Incidental 
Take Permit (ITP) to Cinergy. In 2005, the ITP was renewed. Management 
of the facility under the HCP has promoted the continued growth of the 
tern colony. In 2010, an estimated 150 adults, 110 nests, and 165 
fledged young were recorded. In addition to the growth in numbers, the 
tern colony has expanded to areas beyond the original location along a 
splitter dike adjacent to a cooling pond. Nesting has now been 
documented on the splitter dike, adjacent to ash ponds, a coal 
combustion waste landfill, construction areas, and station access 
roads. The expansion of the tern nesting area presents management 
challenges for the generating station and associated facilities.

Applicant's Proposal

    Duke Power Company purchased and merged with Cinergy Corp. to form 
Duke Energy Corporation (Duke) in 2006. Duke has continued to operate 
the facility in accordance with the HCP and the ITP. Duke has applied 
to the Service for renewal of its ITP number TE016724. An HCP 
accompanies this renewal application. The HCP describes management 
activities in and around the Gibson Generating Station, including water 
management, predator control, and minimization of human disturbance due 
to recreational use.
    Proactive management over the past 25 years has resulted in an 
increase in the Interior least tern population nesting at Gibson 
Generating Station and surrounding areas. However, no incidental take 
of least terns has occurred during that time. Actions that may result 
in take include human disturbance during management and operations, 
including foot traffic, vehicle or construction equipment, ash 
placement, waste disposal, and harassment due to the presence of people 
and equipment.
    Duke proposes to continue to manage its property to protect least 
terns. In addition, Duke has committed to monitor the result of its 
activities and the effect on the population of least terns at Gibson 
Generating Station and the surrounding state and Federal lands.

Public Comments

    We seek public review and comments on this permit application. 
Please refer to permit number TE016724 when you submit comments. The 
Habitat Conservation Plan, Incidental Take Permit renewal application, 
and NEPA determination are available for public inspection on the 
Midwest Region website at http://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html. In addition, the documents are available for 
public inspection by appointment during normal business hours (8 a.m. 
to 4:30 p.m.) at the U.S. Fish and Wildlife Service, Midwest Regional 
Office, 5600 American Blvd., West, 10th Floor, Bloomington, Minnesota 
55437-1458, (612-713-5194) and at the U.S. Fish and Wildlife Service, 
Ecological Services Field Office, 620 South Walker Street, Bloomington, 
Indiana 47403 (812-334-4261).

Public Availability of Comments

    Written comments we receive become part of the administrative 
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 section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6 and 43 CFR 46.305).

    Dated: May 29, 2018.
Sean O. Marsan,
Acting Assistant Regional Director, Ecological Services, Midwest 
Region.
[FR Doc. 2018-17664 Filed 8-15-18; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40781

Paperwork Reduction Act, HUD is annual financial statements to HUD. In DEPARTMENT OF THE INTERIOR
requesting comment from all interested accordance with the Department’s
parties on the proposed collection of Uniform Financial Reporting Standards Fish and Wildlife Service
information. The purpose of this notice (UFRS) regulation, 24 CFR part 5, [FWS–R3–ES–2017–N155;
is to allow for 60 days of public owners of certain HUD-insured and FXES11140300000–189–FF03E00000]
comment. HUD-assisted properties are required to
DATES: Comments Due Date: October 15, submit annual financial statements Habitat Conservation Plan for the
2018. electronically to HUD via the internet in Interior Least Tern and Application To
ADDRESSES: Interested persons are the HUD-prescribed format and chart of Renew Incidental Take Permit; Gibson
invited to submit comments regarding accounts, and in accordance with the County, Indiana
this proposal. Comments should refer to generally accepted accounting AGENCY: Fish and Wildlife Service,
the proposal by name and/or OMB principles (GAAP). The Department Interior.
Control Number and should be sent to: uses this information to monitor the ACTION: Notice of availability of permit
Colette Pollard, Reports Management owner’s compliance with regulatory application; request for comments.
Officer, QDAM, Department of Housing requirements and to assess fiscal
and Urban Development, 451 7th Street performance. SUMMARY: We, the U.S. Fish and
SW, Room 4176, Washington, DC Respondents: Business or other for Wildlife Service, invite the public to
20410–5000; telephone 202–402–3400 profit. comment on an application to conduct
(this is not a toll-free number) or email certain activities with endangered
at Colette.Pollard@hud.gov for a copy of Estimated Number of Respondents: species. With some exceptions, the
the proposed forms or other available 26,995. Endangered Species Act (ESA) prohibits
information. Persons with hearing or Estimated Number of Responses: activities with endangered and
speech impairments may access this 26,995. threatened species unless a Federal
number through TTY by calling the toll- Frequency of Response: Annually. permit allows such activity. The ESA
free Federal Relay Service at (800) 877– requires that we invite public comment
8339. Average Hours per Response: 14. before issuing these permits.
FOR FURTHER INFORMATION CONTACT: Total Estimated Burden: 377,930. DATES: We must receive any written
Harry Messner, Housing Program B. Solicitation of Public Comment comments on or before September 17,
Manager, Office of Asset Management 2018.
and Portfolio Oversight, Department of This notice is soliciting comments ADDRESSES:
Housing and Urban Development, 451 from members of the public and affected Submitting Comments: Send written
7th Street SW, Washington, DC 20410, parties concerning the collection of comments by U.S. Mail to the Regional
telephone (202) 708–2626. This is not a information described in Section A on Director, Attn: Phil Delphey, U.S. Fish
toll-free number. Persons with hearing the following: and Wildlife Service, Ecological
or speech impairments may access this Services, 5600 American Blvd. West,
number through TTY by calling the toll- (1) Whether the proposed collection
of information is necessary for the Suite 990, Bloomington, MN 55437–
free Federal Relay Service at (800) 877– 1458; or via email to permitsR3ES@
8339. proper performance of the functions of
the agency, including whether the fws.gov. Specify that your comments
Copies of available documents
information will have practical utility; pertain to TE016724.
submitted to OMB may be obtained
Obtaining Documents: For
from Ms. Pollard. (2) The accuracy of the agency’s information on obtaining documents for
SUPPLEMENTARY INFORMATION: This estimate of the burden of the proposed review, see Public Comments.
notice informs the public that HUD is collection of information;
FOR FURTHER INFORMATION CONTACT: Phil
seeking approval from OMB for the (3) Ways to enhance the quality, Delphey, 612–713–5318.
information collection described in utility, and clarity of the information to
Section A. SUPPLEMENTARY INFORMATION:
be collected; and
A. Overview of Information Collection Introduction
(4) Ways to minimize the burden of
Title of Information Collection: the collection of information on those Section 9 of the ESA and our
Multifamily Financial Management who are to respond; including through implementing regulations in the Code of
Template. the use of appropriate automated Federal Regulations (CFR) at 50 CFR
OMB Approval Number: 2502–0551. collection techniques or other forms of part 17 prohibit the ‘‘take’’ of fish or
Type of Request: Reinstatement, information technology, e.g., permitting wildlife species listed as endangered or
without change, of previously approved electronic submission of responses. threatened. Take of listed fish or
collection expiring. (OMB Expiration wildlife is defined under the ESA as ‘‘to
HUD encourages interested parties to harass, harm, pursue, hunt, shoot,
Date: September 30, 2018).
Form Number: None. submit comment in response to these wound, kill, trap, capture, or collect, or
Description of the Need for the questions. to attempt to engage in any such
Information and Proposed Use: Owners Authority: Section 3507 of the Paperwork conduct’’ (16 U.S.C. 1532(19)).
of certain HUD-insured and HUD- Reduction Act of 1995, 44 U.S.C. Chapter 35. However, under limited circumstances,
assisted properties are required to we issue permits to authorize incidental
sradovich on DSK3GMQ082PROD with NOTICES

Dated: July 25, 2018.
submit annual financial statements to take, i.e., take that is incidental to, and
HUD via the internet in the HUD- Vance T. Morris, not the purpose of, the carrying out of
prescribed format and chart of accounts, Special Assistant to the Assistant Secretary an otherwise lawful activity.
and in accordance with the generally for Housing, Federal Housing Commissioner, We invite public comment on permit
accepted accounting principles (GAAP). H. renewal application TE016724, for
Most owners of multifamily housing [FR Doc. 2018–17673 Filed 8–15–18; 8:45 am] certain activities with endangered
(MFH) properties are required to submit BILLING CODE 4210–67–P species authorized by section

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40782 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

10(a)(2)(A) of the ESA (16 U.S.C. 1531 Proactive management over the past Authority
et seq.) and our regulations governing 25 years has resulted in an increase in We provide this notice under section
the taking of endangered species in the the Interior least tern population nesting 10(c) of the ESA (16 U.S.C. 1531 et seq.)
Code of Federal Regulations (CFR) at 50 at Gibson Generating Station and and its implementing regulations (50
CFR 17. Submit your written data, surrounding areas. However, no CFR 17.22) and NEPA (42 U.S.C. 4321
comments, or request for a copy of the incidental take of least terns has et seq.) and its implementing
complete application and Habitat occurred during that time. Actions that regulations (40 CFR 1506.6 and 43 CFR
Conservation Plan (HCP) to either may result in take include human 46.305).
address shown in ADDRESSES. disturbance during management and
operations, including foot traffic, Dated: May 29, 2018.
Background Sean O. Marsan,
vehicle or construction equipment, ash
In 1986, a single pair of endangered placement, waste disposal, and Acting Assistant Regional Director, Ecological
harassment due to the presence of Services, Midwest Region.
Interior least terns (Sterna antillarum)
nested at Cinergy Corporation’s people and equipment. [FR Doc. 2018–17664 Filed 8–15–18; 8:45 am]
(Cinergy) Gibson Generating Station in Duke proposes to continue to manage BILLING CODE 4333–15–P

Gibson County, Indiana. Since that time, its property to protect least terns. In
the least tern colony at the facility has addition, Duke has committed to
grown. During the 1990s, Cinergy monitor the result of its activities and DEPARTMENT OF THE INTERIOR
worked cooperatively with the Indiana the effect on the population of least Fish and Wildlife Service
Department of Natural Resources (IDNR) terns at Gibson Generating Station and
and the Service to maintain favorable the surrounding state and Federal lands. [FWS–R8–ES–2018–N025;
conditions for successful tern FXES11140800000–189–FF08EVEN00]
Public Comments
production at the Gibson Generating
Receipt of Application Incidental Take
Station. Between 1986 and 1999, the We seek public review and comments
Permit; Draft Low-Effect Habitat
largest number of terns recorded in a on this permit application. Please refer
Conservation Plan for the Morro
single year (1998) included an estimated to permit number TE016724 when you
Shoulderband Snail; Phillips Single-
85 adult terns, 63 nests, and 72 fledged submit comments. The Habitat
Family Residence, Community of Los
young. In the late 1990s, Cinergy Conservation Plan, Incidental Take
Osos, San Luis Obispo County,
worked cooperatively with the IDNR Permit renewal application, and NEPA
California
and the Service to develop a Habitat determination are available for public
Conservation Plan (HCP) regarding inspection on the Midwest Region AGENCY: Fish and Wildlife Service,
continued operation of the facility, and, website at http://www.fws.gov/midwest/ Interior.
in late 1999, the Service issued an endangered/permits/hcp/r3hcps.html. ACTION: Notice of availability; request
Incidental Take Permit (ITP) to Cinergy. In addition, the documents are available for comments.
In 2005, the ITP was renewed. for public inspection by appointment
Management of the facility under the during normal business hours (8 a.m. to SUMMARY: We, the U.S. Fish and
HCP has promoted the continued 4:30 p.m.) at the U.S. Fish and Wildlife Wildlife Service (Service), have received
growth of the tern colony. In 2010, an Service, Midwest Regional Office, 5600 an application from Richard Phillips for
estimated 150 adults, 110 nests, and 165 American Blvd., West, 10th Floor, an incidental take permit under the
fledged young were recorded. In Bloomington, Minnesota 55437–1458, Endangered Species Act of 1973, as
addition to the growth in numbers, the (612–713–5194) and at the U.S. Fish and amended. The permit would authorize
tern colony has expanded to areas Wildlife Service, Ecological Services take of the federally endangered Morro
beyond the original location along a Field Office, 620 South Walker Street, shoulderband snail that would occur
splitter dike adjacent to a cooling pond. Bloomington, Indiana 47403 (812–334– incidental to otherwise lawful activities
Nesting has now been documented on 4261). associated with the construction and
the splitter dike, adjacent to ash ponds, maintenance of a single-family
a coal combustion waste landfill, Public Availability of Comments residence and associated uses addressed
construction areas, and station access Written comments we receive become in the draft low-effect habitat
roads. The expansion of the tern nesting part of the administrative record conservation plan prepared for the
area presents management challenges associated with this action. Before project. We invite public comment.
for the generating station and associated including your address, phone number, DATES: Written comments should be
facilities. email address, or other personal received on or before September 17,
identifying information in your 2018.
Applicant’s Proposal
comment, you should be aware that ADDRESSES: To obtain documents: You
Duke Power Company purchased and your entire comment—including your may download a copy of the draft
merged with Cinergy Corp. to form Duke personal identifying information—may habitat conservation plan and draft low-
Energy Corporation (Duke) in 2006. be made publicly available at any time. effect screening form and environmental
Duke has continued to operate the While you can request in your comment action statement at http://www.fws.gov/
facility in accordance with the HCP and that we withhold your personal ventura/, or you may request copies of
the ITP. Duke has applied to the Service identifying information from public the documents by sending U.S. mail to
for renewal of its ITP number TE016724. review, we cannot guarantee that we
sradovich on DSK3GMQ082PROD with NOTICES

our Ventura office, or by phone (see FOR
An HCP accompanies this renewal will be able to do so. All submissions FURTHER INFORMATION CONTACT).
application. The HCP describes from organizations or businesses, and To submit written comments: Please
management activities in and around from individuals identifying themselves send us your written comments using
the Gibson Generating Station, as representatives or officials of one of the following methods:
including water management, predator organizations or businesses, will be • U.S. mail: Send your comments to:
control, and minimization of human made available for public disclosure in Stephen P. Henry, Field Supervisor,
disturbance due to recreational use. their entirety. Ventura Fish and Wildlife Office, U.S.

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Document Created: 2018-08-16 01:02:41
Document Modified: 2018-08-16 01:02:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability of permit application; request for comments.
Dates		We must receive any written comments on or before September 17, 2018.
Contact		Phil Delphey, 612-713-5318.
FR Citation		83 FR 40781

83 FR 40781 - Habitat Conservation Plan for the Interior Least Tern and Application To Renew Incidental Take Permit; Gibson County, Indiana

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 159 (August 16, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service