83_FR_47531 83 FR 47349 - Incidental Take Permit Application To Participate in American Burying-Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma

83 FR 47349 - Incidental Take Permit Application To Participate in 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 182 (September 19, 2018)

Page Range47349-47350
FR Document2018-20351

Under the Endangered Species Act (ESA), as amended, we, the U.S. Fish and Wildlife Service, invite the public to comment on a Federally-listed American Burying-beetle incidental take permit (ITP) application. The applicant anticipates 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 applicant's 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 permit 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 182 (Wednesday, September 19, 2018) 
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47349-47350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20351]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2018-N099; FXES11140200000-189-FF02ENEH00]


Incidental Take Permit Application To Participate in 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 a 
Federally-listed American Burying-beetle incidental take permit (ITP) 
application. The applicant anticipates 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 applicant's 
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 
permit 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 October 19, 2018.

ADDRESSES: You may obtain copies of all documents and submit comments 
on the applicant's ITP application by one of the following methods. 
Please refer to the proposed permit number when requesting documents or 
submitting comments.
     Email: [email protected].
     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 ESA (16 U.S.C. 1531 et seq.), we, the U.S. Fish and 
Wildlife Service, invite the public to comment on an ITP application 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 permit would be issued to the applicant 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.

[[Page 47350]]

Application Available for Review and Comment

    We invite local, state, Tribal, and Federal agencies, and the 
public to comment on the following application under the ICP, for 
incidentally taking the Federally-listed American Burying-beetle. 
Please refer to the proposed permit number (TE98456C) when requesting 
application documents and when submitting comments. Documents and other 
information the applicant 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 TE98456C

Applicant: Ponderosa Gathering, 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.

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 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: July 19, 2018.
Amy Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2018-20351 Filed 9-18-18; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices 47349 to the Office of Information and Comments under the approved American Burying Regulatory Affairs, Office of Comments may be submitted as Beetle Amended Oil and Gas Industry Management and Budget. Comments indicated in the ADDRESSES caption Conservation Plan (ICP) Endangered should be addressed to the Desk Officer above. Comments are solicited to (a) Species Act Section 10(a)(1)(B) Permit for the Department of Homeland evaluate whether the proposed data Issuance in Oklahoma. Security, Federal Emergency collection is necessary for the proper DATES: To ensure consideration, written Management Agency, and sent via performance of the agency, including comments must be received on or before electronic mail to dhsdeskofficer@ whether the information shall have October 19, 2018. omb.eop.gov. practical utility; (b) evaluate the ADDRESSES: You may obtain copies of FOR FURTHER INFORMATION CONTACT: accuracy of the agency’s estimate of the all documents and submit comments on Requests for additional information or burden of the proposed collection of the applicant’s ITP application by one of copies of the information collection information, including the validity of the following methods. Please refer to should be made to Director, Information the methodology and assumptions used; the proposed permit number when Management Division, 500 C Street SW, (c) enhance the quality, utility, and requesting documents or submitting Washington, DC 20472, email address clarity of the information to be comments. FEMA-Information-Collections- collected; and (d) minimize the burden • Email: fw2_hcp_permits@fws.gov. Management@fema.dhs.gov or Gayle of the collection of information on those • U.S. Mail: U.S. Fish and Wildlife Kelch, Statistician, FEMA, United States who are to respond, including through Service, Endangered Species—HCP Fire Administration, National Fire Data the use of appropriate automated, Permits, P.O. Box 1306, Room 6093, Center at (301) 447–1154 or email electronic, mechanical, or other Albuquerque, NM 87103. gayle.kelch@fema.dhs.gov. technological collection techniques or FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: This other forms of information technology, e.g., permitting electronic submission of Marty Tuegel, Branch Chief, by U.S. proposed information collection mail at U.S. Fish and Wildlife Service, previously published in the Federal responses. Environmental Review Division, P.O. Register on May 22, 2018 at 83 FR Rachel Frier, Box 1306, Room 6078, Albuquerque, 23702 with a 60 day public comment Records Management Branch Chief, Office NM 87103; or by telephone at 505–248– period. No comments were received. of the Chief Administrative Officer, Mission 6651. The purpose of this notice is to notify Support, Federal Emergency Management SUPPLEMENTARY INFORMATION: the public that FEMA will submit the Agency, Department of Homeland Security. information collection abstracted below [FR Doc. 2018–20315 Filed 9–18–18; 8:45 am] Introduction to the Office of Management and Budget BILLING CODE 9111–76–P Under the ESA (16 U.S.C. 1531 et for review and clearance. seq.), we, the U.S. Fish and Wildlife Collection of Information Service, invite the public to comment DEPARTMENT OF THE INTERIOR on an ITP application to take the Title: National Fire Department Federally-listed American Burying- Registry. Fish and Wildlife Service beetle (Nicrophorus americanus) during Type of Information Collection: oil and gas well field infrastructure [FWS–R2–ES–2018–N099; Extension, without change, of a FXES11140200000–189–FF02ENEH00] geophysical exploration (seismic) and currently approved information construction, maintenance, operation, collection. Incidental Take Permit Application To repair, and decommissioning, as well as OMB Number: 1660–0070. Participate in American Burying-Beetle oil and gas gathering, transmission, and FEMA Forms: FEMA Form 070–0–0– Amended Oil and Gas Industry distribution pipeline infrastructure 1, National Fire Department Registry. Conservation Plan in Oklahoma construction, maintenance, operation, Abstract: This collection seeks to repair, decommissioning, and AGENCY: Fish and Wildlife Service, identify fire departments in the United reclamation in Oklahoma. Interior. States to compile a database related to If approved, the permit would be their demographics, capabilities, and ACTION: Notice of availability; request for public comments. issued to the applicant under the activities. The database is used to guide American Burying Beetle Amended Oil programmatic decisions and provide SUMMARY: Under the Endangered and Gas Industry Conservation Plan information to the public and the fire Species Act (ESA), as amended, we, the (ICP) Endangered Species Act Section service. U.S. Fish and Wildlife Service, invite 10(a)(1)(B) Permit Issuance in Affected Public: State, local, or Tribal the public to comment on a Federally- Oklahoma. The original ICP was government. listed American Burying-beetle approved on May 21, 2014, and the ‘‘no Estimated Number of Respondents: incidental take permit (ITP) application. significant impact’’ finding notice was 8,223. The applicant anticipates American published in the Federal Register on Estimated Number of Responses: Burying-beetle take as a result of July 25, 2014 (79 FR 43504). The draft 8,223. impacts to Oklahoma habitat the species amended ICP was made available for Estimated Total Annual Burden uses for breeding, feeding and comment on March 8, 2016 (81 FR Hours: 2,067 hours. sheltering. The take would be incidental 12113), and approved on April 13, 2016. Estimated Total Annual Respondent to the applicant’s activities associated The ICP and the associated amozie on DSK3GDR082PROD with NOTICES1 Cost: $11,558. with oil and gas well field and pipeline environmental assessment/finding of no Estimated Respondents’ Operation infrastructure (gathering, transmission, significant impact are available on our and Maintenance Costs: $0. and distribution), including geophysical website at http://www.fws.gov/ Estimated Respondents’ Capital and exploration (seismic), construction, southwest/es/oklahoma/ABBICP. Start-Up Costs: $0. maintenance, operation, repair, However, we are no longer taking Estimated Total Annual Cost to the decommissioning, and reclamation. If comments on these finalized, approved Federal Government: $91,847. approved, the permit would be issued documents. VerDate Sep<11>2014 17:09 Sep 18, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1

47350 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices Application Available for Review and Dated: July 19, 2018. alleges violations of section 337 of the Comment Amy Lueders, Tariff Act of 1930, as amended, 19 Regional Director, Southwest Region, U.S. U.S.C. 1337 (‘‘section 337’’), by reason We invite local, state, Tribal, and Fish and Wildlife Service. of infringement of certain claims of U.S. Federal agencies, and the public to [FR Doc. 2018–20351 Filed 9–18–18; 8:45 am] Patent Nos. 7,023,853 (‘‘the ’853 comment on the following application BILLING CODE 4333–15–P patent’’); 6,377,577 (‘‘the ’577 patent’’); under the ICP, for incidentally taking 7,460,492 (‘‘the ’492 patent’’); 7,061,875 the Federally-listed American Burying- (‘‘the ’875 patent’’); 7,224,668 (‘‘the ’668 beetle. Please refer to the proposed INTERNATIONAL TRADE patent’’); and 8,051,211 (‘‘the ’211 permit number (TE98456C) when COMMISSION patent’’). The Complaint further alleges requesting application documents and the existence of a domestic industry. when submitting comments. Documents [Investigation No. 337–TA–945] The Commission’s Notice of and other information the applicant Investigation named Arista as the Certain Network Devices, Related respondent. The Office of Unfair Import submitted are available for review, Software and Components Thereof (II) subject to Privacy Act (5 U.S.C. 552a) Investigations (‘‘OUII’’) was also named (Modification 2); Grant of Joint Motion as a party to the investigation. The and Freedom of Information Act (5 To Terminate the Modification U.S.C. 552) requirements. Commission terminated the Proceeding Based on a Settlement investigation in part as to certain claims Permit TE98456C Agreement; Termination of the of the asserted patents. Notice (Nov. 18, Modification Proceeding in Its Entirety 2015) (see Order No. 38 (Oct. 27, 2015)); Applicant: Ponderosa Gathering, LLC, Notice (Dec. 1, 2015) (see Order No. 47 AGENCY: U.S. International Trade Houston, TX. Commission. (Nov. 9, 2015)). Applicant requests a permit for oil On June 11, 2016, the Patent Trial and ACTION: Notice. Appeal Board (‘‘PTAB’’) of the U.S. and gas upstream and midstream SUMMARY: Notice is hereby given that Patent and Trademark Office instituted production, including oil and gas well the U.S. International Trade separate inter partes review (‘‘IPR’’) field infrastructure geophysical proceedings concerning the ’577 and exploration (seismic) and construction, Commission has determined grant a joint motion of complainant Cisco ’668 patents. Arista Networks, Inc. v. maintenance, operation, repair, and Cisco Systems, Inc., Case IPR2016– Systems, Inc. of San Jose, California decommissioning, as well as oil and gas 00303 (regarding the ’577 patent); Arista (‘‘Cisco’’) and respondent Arista gathering, transmission, and Networks, Inc. v. Cisco Systems, Inc., Networks, Inc. of Santa Clara, California distribution pipeline infrastructure (‘‘Arista’’) to terminate the above- Case IPR2016–00309 (regarding the ’668 construction, maintenance, operation, captioned modification proceeding patent). repair, decommissioning, and concerning a limited exclusion order On May 4, 2017, the Commission reclamation in Oklahoma. and a cease and desist order issued found a violation of section 337 with against Arista in Inv. No. 337–TA–945. respect to certain of the asserted claims Public Availability of Comments of the ’577 and ’668 patents. Notice The modification proceeding is Written comments we receive become terminated in its entirety. (May 4, 2017); 82 FR 21827–29 (May 10, 2017); see also Notice of Correction part of the public record associated with FOR FURTHER INFORMATION CONTACT: (May 30, 2017); 82 FR 25811 (June 5, this action. Before including your Megan M. Valentine, Office of the 2017). The Commission issued a limited address, phone number, email address, General Counsel, U.S. International exclusion order (‘‘LEO’’) and a cease or other personal identifying Trade Commission, 500 E Street SW, and desist order (‘‘CDO’’) against Arista. information in your comment, you Washington, DC 20436, telephone (202) Id. The Commission did not find a should be aware your entire comment— 708–2301. Copies of non-confidential violation with respect to the ’853, ’875, including your personal identifying documents filed in connection with this ’492, and ’211 patents. Id. information—may be made publicly investigation are or will be available for On May 25, 2017, the PTAB issued its available at any time. While you can inspection during official business final written decision finding certain request in your comment that we hours (8:45 a.m. to 5:15 p.m.) in the claims of the ’577 patent unpatentable withhold your personal identifying Office of the Secretary, U.S. based on prior art not presented in the information from public review, we International Trade Commission, 500 E Commission investigation. On June 1, cannot guarantee that we will be able to Street SW, Washington, DC 20436, 2017, the PTAB issued its final written do so. All submissions from telephone (202) 205–2000. General decision finding certain claims of the organizations or businesses, and from information concerning the Commission ’668 patent unpatentable based on may also be obtained by accessing its certain combinations of prior art not individuals identifying themselves as internet server at https://www.usitc.gov. presented in the Commission representatives or officials of The public record for this investigation investigation. Both decisions affected organizations or businesses, will be may be viewed on the Commission’s made available for public disclosure in the claims upon which the Commission electronic docket (EDIS) at https:// found a violation of section 337. their entirety. edis.usitc.gov. Hearing-impaired On June 30, 2017, Cisco filed a notice Authority persons are advised that information on of appeal with the United States Court this matter can be obtained by of Appeals for the Federal Circuit amozie on DSK3GDR082PROD with NOTICES1 We provide this notice under the contacting the Commission’s TDD (‘‘Federal Circuit’’), seeking review of ESA, section 10(c) (16 U.S.C. 1531 et terminal on (202) 205–1810. the Commission’s finding of no seq.) and its implementing regulations SUPPLEMENTARY INFORMATION: The violation as to the ’853, ’875, ’492, and (50 CFR 17.22) and the National Commission instituted this investigation ’211 patents. Cisco Sys., Inc. v. Int’l Environmental Policy Act (42 U.S.C. on January 27, 2015, based on a Trade Comm’n, Appeal No. 17–2289. 4321 et seq.) and its implementing Complaint filed by Cisco. 80 FR 4313– On July 21, 2017, Arista filed a notice regulations (40 CFR 1506.6). 14 (Jan. 27, 2015). The Complaint of appeal with the Federal Circuit, VerDate Sep<11>2014 17:09 Sep 18, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1


Document Created: 2018-09-19 02:56:15
Document Modified: 2018-09-19 02:56:15
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 October 19, 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 47349 
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