Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests, 7708-7711 [2017-01284]

Download as PDF 7708 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations (c) Covered service means a service that meets accessibility requirements by supporting RTT pursuant to part 6, 7, 14, 20, or 64 of this chapter. (d) RFC 4103 means IETF’s Request for Comments (RFC) 4103 (incorporated by reference, see § 67.3 of this part). (e) RFC 4103-conforming service or user device means a covered service or authorized end user device that enables initiation, sending, transmission, reception, and display of RTT communications in conformity with RFC 4103. (f) RFC 4103–TTY gateway means a gateway that is able to reliably and accurately transcode communications between (1) RFC 4103-conforming services and devices and (2) circuitswitched networks that support communications between TTYs. (g) Real-time text (RTT) or RTT communications means text communications that are transmitted over Internet Protocol (IP) networks immediately as they are created, e.g., on a character-by-character basis. (h) Support RTT or support RTT communications means to enable users to initiate, send, transmit, receive, and display RTT communications in accordance with the applicable provisions of this part. mstockstill on DSK3G9T082PROD with RULES § 67.2 Minimum Functionalities of RTT. (a) RTT–RTT Interoperability. Covered services and authorized end user devices shall be interoperable with other services and devices that support RTT in accordance with this part. A service or authorized end user device shall be deemed to comply with this paragraph (a) if: (1) It is an RFC 4103-conforming end user device; (2) RTT communications between such service or end user device and an RFC 4103-conforming service or end user device are reliably and accurately transcoded— (i) to and from RFC 4103, or (ii) to and from an internetworking protocol mutually agreed-upon with the owner of the network serving the RFC 4103-conforming service or device. (b) RTT–TTY Interoperability. Covered services and authorized end user devices shall be interoperable with TTYs connected to other networks. Covered services and authorized end user devices shall be deemed to comply with this paragraph (b) if communications to and from such TTYs: (1) Pass through an RFC 4103–TTY gateway, or (2) are reliably and accurately transcoded to and from an internetworking protocol mutually VerDate Sep<11>2014 18:54 Jan 19, 2017 Jkt 241001 agreed-upon with the owner of the network serving the TTY. (c) Features and Capabilities. Covered services and authorized end user devices shall enable the user to: (1) Initiate and receive RTT calls to and from the same telephone numbers for which voice calls can be initiated and received; (2) transmit and receive RTT communications to and from any 911 public safety answering point (PSAP) in the United States; and (3) send and receive text and voice simultaneously in both directions on the same call using a single device. § 67.3 Incorporation by Reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Federal Communications Commission, 445 12th St. SW., Reference Information Center, Room CY–A257, Washington, DC 20554, (202) 418–0270, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https:// www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. (b) Internet Engineering Task Force (IETF), c/o Association Management Solutions, LLC (AMS) 5177 Brandin Court, Fremont, California 94538, phone (510) 492–4080, Web site at https:// ietf.org or directly at https:// www.ietf.org/rfc/rfc4103.txt. (1) Request for Comments (RFC) 4103, Real-time Transport Protocol Payload for Text Conversation (2005), IBR approved for § 67.1. (2) [Reserved] [FR Doc. 2017–01377 Filed 1–19–17; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 13 and 22 [Docket No. FWS–R9–MB–2011–0094; FF09M20300–167–FXMB123109EAGLE] RIN 1018–AY30 Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests AGENCY: Fish and Wildlife Service, Interior. PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 Final rule; information collection requirements. ACTION: We, the U.S. Fish and Wildlife Service (Service), recently published a final rule that revises the regulations for eagle nonpurposeful take permits and eagle nest take permits. In that final rule, we stated that the Office of Management (OMB) had not yet approved the information collection requirements associated with the rule. This document announces that OMB has now approved the information collection requirements. DATES: OMB approved the information collection requirements on January 6, 2017, for the final rule that published at 81 FR 91494 on December 16, 2016. ADDRESSES: Relevant information and documents related to the eagle permit rule may be found on the internet at https://www.regulations.gov in Docket No. FWS–R9–MB–2011–0094. You may review the information collection request online at https:// www.reginfo.gov. Follow the instructions to review Department of the Interior collections. FOR FURTHER INFORMATION CONTACT: Tina Campbell, Chief, Division of Policy, Performance, and Management Programs; 703–358–2676. SUPPLEMENTARY INFORMATION: SUMMARY: Background We, the U.S. Fish and Wildlife Service (Service), published a final rule in the December 16, 2016, Federal Register (81 FR 91494) that revises the regulations in part 22 of title 50 of the Code of Federal Regulations (CFR) for eagle nonpurposeful take permits and eagle nest take permits. Revisions included changes to permit issuance criteria and duration, definitions, compensatory mitigation standards, criteria for eagle nest removal permits, permit application requirements, and fees. In the final rule, we stated that the Office of Management (OMB) had not yet approved the information collection requirements associated with the rule. We also stated that we would announce the approval via a separate notification in the Federal Register. This document provides that notification. The following text sets forth the information collection requirements approved by OMB: Title: Eagle Take Permits and Fees, 50 CFR part 22. OMB Control Number: 1018–0167. Service Form Number(s): 3–200–71, 3–200–72. Description of Respondents: Individuals and businesses. We expect that the majority of applicants seeking E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations long-term permits will be in the energy production and electrical distribution business. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion. 7709 Table 1 cites the total burden for this information collection. Table 2 sets forth the changes in nonhour burden fees for eagle take permits. TABLE 1—ESTIMATED HOUR AND COST BURDEN FOR LONG-TERM EAGLE TAKE PERMITS Annual number of responses Activity/requirement Average completion time per response (hours) Total annual burden (hours) Cost/hour $ Value of annual burden hours (rounded) 15 15 15 10 1 650 200 700 2 2 9,750 3,000 10,500 20 2 $34.26 34.26 34.26 34.26 34.26 $334,035 102,780 359,730 685 69 4 8 32 34.26 1,096 Total ........................................................................................ mstockstill on DSK3G9T082PROD with RULES Preconstruction Monitoring Surveys .............................................. Preparation of Eagle Conservation Plan ....................................... Postconstruction Monitoring ........................................................... Reporting Take of Eagles .............................................................. Reporting Take of Threatened and Endangered Species ............. § 22.26(c)(7)(ii)—Permit reviews. At no more than 5 years from the date a permit that exceeds 5 years is issued, and every 5 years thereafter, the permittee compiles and submits to the Service, eagle fatality data or other pertinent information that is site-specific for the project.8 (Footnote 8 may be found below table 2. Note that the dollar value of the annual burden cost is included in the $8,000 permit 5-year permit review fee.) 60 1,562 23,304 ................ 798,395 VerDate Sep<11>2014 18:54 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\23JAR1.SGM 23JAR1 VerDate Sep<11>2014 18:54 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 Total ..................................... $500 Non-commercial ....... $40,000 Commercial ......... $0 3 .................................... $1,000 Commercial ........... No Fee 7 ............................ ........................................... 0 ........................................ ........................................... $8,000 ............................... $92,250 ............................. 0 ........................................ NEW REPORTING REQUIREMENT AND NEW ADMINISTRATION FEE $1,000 Commercial ........... $150 Non-commercial ....... $600 6 Commercial ............ $150 Non-commercial ....... $500 Commercial .............. $150 Non-commercial ....... $150 Commercial .............. $300 Non-commercial ....... $2,700 5 Commercial ......... $150 Non-commercial ....... $500 Commercial .............. $150 Non-commercial ....... $150 Commercial .............. $431,450 ........................... $32,000 ............................. ........................................... $150 Non-commercial ....... $2,000 Commercial ........... $300 Non-commercial ....... $9,000 Commercial ........... $5,000 Non-commercial .... $50,000 Commercial ......... $12,500 Non-commercial .. $300,000 Commercial ....... Total new approved nonhour burden costs $5,000 Non-commercial .... $10,000 Commercial ......... $500 Non-commercial ....... $5,000 Commercial ........... $500 Non-commercial ....... $2,500 Commercial ........... $500 Non-commercial ....... $500 Commercial .............. $12,500 Non-commercial .. $60,000 Commercial ......... Total previously approved nonhour burden costs $1,000 ............................... $500 Non-commercial ....... $2,500 Commercial ........... New fee $500 Non-commercial ....... $500 Commercial .............. Previous fee $359,200. +$32,000. – $1,000 Commercial. $0 Non-commercial. +$1,400 Commercial. $0 Non-commercial. +$6,300 Commercial. +$500 Non-commercial. +$40,000 Commercial. $0 Non-commercial. +$40,000 Commercial. $0 Non-commercial. +$240,000 Commercial. Difference between previous 1018–0022 approval and new approval under 1018–0022: 145 annual responses (25 from individuals/households (homeowners) and 120 from the private sector (commercial), totaling 2,320 annual burden hours) (400 burden hours for individuals and 1,920 annual burden hours for private sector); $500 permit fee for both individuals and private sector for a total nonhour burden cost of $72,500. The rule changes the application fees: Homeowner fee remains $500; private sector fee (commercial) increases to $2,500. Total for 25 homeowners = $12,500; total for 125 commercial applicants = $300,000. 2 Approved under 1018–0022 (standard and programmatic permits were combined): 30 responses (10 from individuals/homeowners and 20 from private sector (commercial), totaling 480 burden hours) (160 hours (individuals) and 320 hours (private sector)). Homeowner fee remains $500; private sector fee (commercial) increases to $2,500. Total for 10 homeowners = $5,000.; total for 20 commercial applicants = $50,000. 3 Approved under 1018–0022 (standard and programmatic permits were combined): 9 responses (1 from individuals/homeowners (noncommercial) and 8 from private sector (commercial), totaling 360 burden hours) (40 hours (individuals) and 320 hours (private sector)). The homeowner fee increases to $500; private sector fee (commercial) increases to $5,000. Total for 1 homeowner = $500; total for 8 commercial = $40,000. 4 The amendments for standard nonpurposeful eagle take permits and standard eagle nest take permits are combined in the approved collection for a total of 25. Here they are split into 20 eagle incidental take permit amendments and 5 eagle nest take permit amendments. 5 Two homeowner; 18 commercial. 6 One homeowner; four commercial. 7 The amendment fee for long-term programmatic permits was approved under 1018–0022. However, the rule removes this fee because the costs associated with it are included under the administration fee. 8 This is a new reporting requirement as well as a new administration fee and applies only to commercial permittees. We will not receive any reports or assess the administration fee until after a permittee has had a permit for 5 years (earliest probably 2022). We estimate that we will receive 19 responses every 5 years, which, annualized over the 3-year period of OMB approval, results in 4 responses annually. We estimate that each response will take 8 hours, for a total of 32 annual burden hours. We will assess an $8,000 administration fee for each permittee for a total of $32,000. Note: This burden reflects what will be imposed in 5 years. Each 5 years thereafter, the burden and nonhour costs will increase because of the number of permittees holding 5-year or longer term permits. 1 Approved ..................................................... ..................................................... § 22.26(c)(7)(ii)—Permit reviews. At no more than 5 years from the date a permit that exceeds 5 years is issued, and every 5 years thereafter, the permittee compiles and submits to the Service eagle fatality data or other pertinent information that is site-specific for the project.8. 3–200–71—Amendment–Eagle Incidental Take–programmatic. 3–200–72—Eagle Nest Take Amendment–single nest (formerly ‘‘standard’’) 4. 3–200–71—Eagle Incidental Take Amendment–less than 5 years (formerly ‘‘standard’’) 4. 3–200–72—application, Eagle Nest Take–multiple nests (formerly ‘‘programmatic’’) 3. 3–200–72—application, Eagle Nest Take–single nest (formerly ‘‘standard’’) 2. Approval covered number of responses and annual burden hours. The rule revises fees and nonhour costs. Approval covered number of responses and annual burden hours. The rule revises fees and nonhour costs. Approval covered number of responses and annual burden hours. The rule revises fees and nonhour costs. Approval covered number of responses and annual burden hours. The rule revises fees and nonhour costs. Approval covered number of responses and annual burden hours. The rule revises fees and nonhour costs. Approval covered number of responses and annual burden hours. Previous approval under OMB Control No. 1018–0022 TABLE 2—CHANGES IN NONHOUR BURDEN FEES FOR EAGLE TAKE PERMITS 3–200–71—application, Eagle Incidental Take (not programmatic or long-term) 1. Activity/requirement mstockstill on DSK3G9T082PROD with RULES 7710 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations Estimated Total Hour Burden: 23,304 hours; the total number of new respondents is 60. Estimated Total Hour Burden Cost: $798,395 for gathering information required to support an application, which may include preparation of an Eagle Conservation Plan (ECP). This amount includes 650 hours for preconstruction monitoring surveys of eagle use of the project site and 700 hours of postconstruction monitoring for each respondent. Preparation of the application, which may include preparation of an ECP, will take approximately 200 hours per respondent. These burden hours apply only to those seeking a long-term eagle take permit. In addition, those that receive a permit are required to report take of eagles and threatened or endangered species within 48 hours of discovery of the take. It is estimated that of the 15 projects permitted to take eagles each year, 10 will actually take eagles, requiring 2 hours per respondent to report. Take of threatened or endangered species is expected to be a rare event, and occur at only 1 of the 15 projects permitted each year, requiring only 2 hours to report. The burden hours also include the costs for the 5year permit review. We estimate 8 hours per respondent to complete the requirements of the permit review for a total of 32 hours. Estimated New Total Nonhour Burden Cost: $359,200 for administration fees and application fees associated with changes implemented by this rule. This amount does not include the nonhour cost burden for eagle or eagle nest take permits approved under OMB Control No. 1018–0022. States, local governments, and tribal governments are exempt from paying these fees. An agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. Dated: January 12, 2017. Michael J. Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2017–01284 Filed 1–19–17; 8:45 am] mstockstill on DSK3G9T082PROD with RULES BILLING CODE 4333–15–P VerDate Sep<11>2014 18:54 Jan 19, 2017 Jkt 241001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223, 224, and 226 [Docket No. 160524463–7001–02] Endangered and Threatened Species; Removal of the Puget Sound/Georgia Basin Distinct Population Segment of Canary Rockfish From the Federal List of Threatened and Endangered Species and Removal of Designated Critical Habitat, and Update and Amendment to the Listing Descriptions for the Yelloweye Rockfish DPS and Bocaccio DPS National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: We, NMFS, are issuing a final rule to remove the Puget Sound/Georgia Basin canary rockfish (Sebastes pinniger) Distinct Population Segment (DPS) from the Federal List of Threatened and Endangered Species and remove its critical habitat designation. We proposed these actions based on newly obtained samples and genetic analysis that demonstrates that the Puget Sound/Georgia Basin canary rockfish population does not meet the DPS criteria and therefore does not qualify for listing under the Endangered Species Act (ESA). Following public and peer review of the proposed rule and supporting scientific information, this final rule implements the changes to the listing and critical habitat for canary rockfish. We also update and amend the listing description for the Puget Sound/Georgia Basin yelloweye rockfish (S. ruberrimus) DPS based on a geographic description to include fish within specified boundaries. Further, although the current listing description is not based on boundaries, with this final rule we are also correcting a descriptive boundary for the DPS depicted on maps to include an area in the northern Johnstone Strait and Queen Charlotte Channel in waters of Canada consistent with newly obtained genetic information on yelloweye rockfish population grouping. We also update and amend the listing description for the bocaccio DPS based on a geographic description and to include fish within specified boundaries. SUMMARY: Frm 00081 Fmt 4700 This final rule is effective on March 24, 2017. FOR FURTHER INFORMATION CONTACT: Dan Tonnes, NMFS, West Coast Region, Protected Resources Division, 206–526– 4643; or Chelsey Young, NMFS, Office of Protected Resources, 301–427–8491. SUPPLEMENTARY INFORMATION: DATES: Background RIN 0648–XE657 PO 00000 7711 Sfmt 4700 On April 9, 2007, we received a petition from Mr. Sam Wright (Olympia, Washington) to list DPSs of five rockfish species (yelloweye, canary, bocaccio, greenstriped and redstripe) in Puget Sound, as endangered or threatened species under the ESA and to designate critical habitat. We found that this petition did not present substantial scientific or commercial information to suggest that the petitioned actions may be warranted (72 FR 56986; October 5, 2007). On October 29, 2007, we received a letter from Mr. Wright presenting information that was not included in the April 2007 petition, and requesting reconsideration of the decision not to initiate a review of the species’ status. We considered the supplemental information as a new petition and concluded that there was enough information in this new petition to warrant conducting status reviews of these five rockfish species. The status review was initiated on March 17, 2008 (73 FR 14195) and completed in 2010 (Drake et al., 2010). In the 2010 status review, the Biological Review Team (BRT) used the best scientific and commercial data available at that time, including environmental and ecological features of the Puget Sound/Georgia Basin, but noted that the limited genetic and demographic data for the five petitioned rockfish species populations created some uncertainty in the DPS determinations (Drake et al., 2010). The BRT assessed genetic data from the Strait of Georgia (inside waters of eastern Vancouver Island) for yelloweye rockfish (Yamanaka et al., 2006) that indicated a distinct genetic cluster that differed consistently from coastal samples of yelloweye rockfish, but also observed that genetic data from Puget Sound were not available for this species. The BRT also noted there was genetic information for canary rockfish (Wishard et al., 1980) and bocaccio (Matala et al., 2004, Field et al., 2009) in coastal waters, but no genetic data for either species from inland Puget Sound waters. The BRT found that in spite of these data limitations there was other evidence to conclude that each noted population of rockfish within inland waters of the Puget Sound/Georgia E:\FR\FM\23JAR1.SGM 23JAR1

Agencies

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Rules and Regulations]
[Pages 7708-7711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01284]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 13 and 22

[Docket No. FWS-R9-MB-2011-0094; FF09M20300-167-FXMB123109EAGLE]
RIN 1018-AY30


Eagle Permits; Revisions to Regulations for Eagle Incidental Take 
and Take of Eagle Nests

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; information collection requirements.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), recently 
published a final rule that revises the regulations for eagle 
nonpurposeful take permits and eagle nest take permits. In that final 
rule, we stated that the Office of Management (OMB) had not yet 
approved the information collection requirements associated with the 
rule. This document announces that OMB has now approved the information 
collection requirements.

DATES: OMB approved the information collection requirements on January 
6, 2017, for the final rule that published at 81 FR 91494 on December 
16, 2016.

ADDRESSES: Relevant information and documents related to the eagle 
permit rule may be found on the internet at https://www.regulations.gov 
in Docket No. FWS-R9-MB-2011-0094. You may review the information 
collection request online at https://www.reginfo.gov. Follow the 
instructions to review Department of the Interior collections.

FOR FURTHER INFORMATION CONTACT: Tina Campbell, Chief, Division of 
Policy, Performance, and Management Programs; 703-358-2676.

SUPPLEMENTARY INFORMATION: 

Background

    We, the U.S. Fish and Wildlife Service (Service), published a final 
rule in the December 16, 2016, Federal Register (81 FR 91494) that 
revises the regulations in part 22 of title 50 of the Code of Federal 
Regulations (CFR) for eagle nonpurposeful take permits and eagle nest 
take permits. Revisions included changes to permit issuance criteria 
and duration, definitions, compensatory mitigation standards, criteria 
for eagle nest removal permits, permit application requirements, and 
fees. In the final rule, we stated that the Office of Management (OMB) 
had not yet approved the information collection requirements associated 
with the rule. We also stated that we would announce the approval via a 
separate notification in the Federal Register. This document provides 
that notification.
    The following text sets forth the information collection 
requirements approved by OMB:
    Title: Eagle Take Permits and Fees, 50 CFR part 22.
    OMB Control Number: 1018-0167.
    Service Form Number(s): 3-200-71, 3-200-72.
    Description of Respondents: Individuals and businesses. We expect 
that the majority of applicants seeking

[[Page 7709]]

long-term permits will be in the energy production and electrical 
distribution business.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Table 1 cites the total burden for this information collection. 
Table 2 sets forth the changes in nonhour burden fees for eagle take 
permits.

                    Table 1--Estimated Hour and Cost Burden for Long-Term Eagle Take Permits
----------------------------------------------------------------------------------------------------------------
                                                              Average                                $ Value of
                                              Annual      completion time  Total annual                annual
           Activity/requirement              number of     per response       burden     Cost/hour  burden hours
                                             responses        (hours)         (hours)                 (rounded)
----------------------------------------------------------------------------------------------------------------
Preconstruction Monitoring Surveys.......            15               650         9,750     $34.26      $334,035
Preparation of Eagle Conservation Plan...            15               200         3,000      34.26       102,780
Postconstruction Monitoring..............            15               700        10,500      34.26       359,730
Reporting Take of Eagles.................            10                 2            20      34.26           685
Reporting Take of Threatened and                      1                 2             2      34.26            69
 Endangered Species......................
Sec.   22.26(c)(7)(ii)--Permit reviews.               4                 8            32      34.26         1,096
 At no more than 5 years from the date a
 permit that exceeds 5 years is issued,
 and every 5 years thereafter, the
 permittee compiles and submits to the
 Service, eagle fatality data or other
 pertinent information that is site-
 specific for the project.\8\ (Footnote 8
 may be found below table 2. Note that
 the dollar value of the annual burden
 cost is included in the $8,000 permit 5-
 year permit review fee.)................
                                          ----------------------------------------------------------------------
    Total................................            60             1,562        23,304  .........       798,395
----------------------------------------------------------------------------------------------------------------


[[Page 7710]]


                                                                                     Table 2--Changes in Nonhour Burden Fees for Eagle Take Permits
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Previous approval                                                                                                                                                Difference between previous 1018-
       Activity/requirement         under OMB Control No.             Previous fee                         New fee               Total previously approved nonhour  Total new approved nonhour burden    0022 approval and new approval
                                          1018-0022                                                                                         burden costs                          costs
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3-200-71--application, Eagle        Approval covered       $500 Non-commercial..............  $500 Non-commercial..............  $12,500 Non-commercial...........  $12,500 Non-commercial...........  $0 Non-commercial.
 Incidental Take (not programmatic   number of responses   $500 Commercial..................  $2,500 Commercial................  $60,000 Commercial...............  $300,000 Commercial..............  +$240,000 Commercial.
 or long-term) \1\.                  and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-72--application, Eagle Nest   Approval covered       $500 Non-commercial..............  $500 Non-commercial..............  $5,000 Non-commercial............  $5,000 Non-commercial............  $0 Non-commercial.
 Take-single nest (formerly          number of responses   $500 Commercial..................  $2,500 Commercial................  $10,000 Commercial...............  $50,000 Commercial...............  +$40,000 Commercial.
 ``standard'') \2\.                  and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-72--application, Eagle Nest   Approval covered       $1,000...........................  $500 Non-commercial..............  $0 \3\...........................  $500 Non-commercial..............  +$500 Non-commercial.
 Take-multiple nests (formerly       number of responses                                      $5,000 Commercial................                                     $40,000 Commercial...............  +$40,000 Commercial.
 ``programmatic'') \3\.              and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-71--Eagle Incidental Take     Approval covered       $150 Non-commercial..............  $150 Non-commercial..............  $300 Non-commercial..............  $300 Non-commercial..............  $0 Non-commercial.
 Amendment-less than 5 years         number of responses   $150 Commercial..................  $500 Commercial..................  $2,700 \5\ Commercial............  $9,000 Commercial................  +$6,300 Commercial.
 (formerly ``standard'') \4\.        and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-72--Eagle Nest Take           Approval covered       $150 Non-commercial..............  $150 Non-commercial..............  $150 Non-commercial..............  $150 Non-commercial..............  $0 Non-commercial.
 Amendment-single nest (formerly     number of responses   $150 Commercial..................  $500 Commercial..................  $600 \6\ Commercial..............  $2,000 Commercial................  +$1,400 Commercial.
 ``standard'') \4\.                  and annual burden
                                     hours. The rule
                                     revises fees and
                                     nonhour costs.
3-200-71--Amendment-Eagle           Approval covered       $1,000 Commercial................  No Fee \7\.......................  $1,000 Commercial................  .................................  - $1,000 Commercial.
 Incidental Take-programmatic.       number of responses
                                     and annual burden
                                     hours.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          NEW REPORTING REQUIREMENT AND NEW ADMINISTRATION FEE
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.   22.26(c)(7)(ii)--Permit      .....................  0................................  $8,000...........................  0................................  $32,000..........................  +$32,000.
 reviews. At no more than 5 years
 from the date a permit that
 exceeds 5 years is issued, and
 every 5 years thereafter, the
 permittee compiles and submits to
 the Service eagle fatality data
 or other pertinent information
 that is site-specific for the
 project.\8\.
                                   -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total.........................  .....................  .................................  .................................  $92,250..........................  $431,450.........................  $359,200.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approved under 1018-0022: 145 annual responses (25 from individuals/households (homeowners) and 120 from the private sector (commercial), totaling 2,320 annual burden hours) (400 burden hours for individuals and 1,920 annual
  burden hours for private sector); $500 permit fee for both individuals and private sector for a total nonhour burden cost of $72,500. The rule changes the application fees: Homeowner fee remains $500; private sector fee
  (commercial) increases to $2,500. Total for 25 homeowners = $12,500; total for 125 commercial applicants = $300,000.
\2\ Approved under 1018-0022 (standard and programmatic permits were combined): 30 responses (10 from individuals/homeowners and 20 from private sector (commercial), totaling 480 burden hours) (160 hours (individuals) and 320 hours
  (private sector)). Homeowner fee remains $500; private sector fee (commercial) increases to $2,500. Total for 10 homeowners = $5,000.; total for 20 commercial applicants = $50,000.
\3\ Approved under 1018-0022 (standard and programmatic permits were combined): 9 responses (1 from individuals/homeowners (noncommercial) and 8 from private sector (commercial), totaling 360 burden hours) (40 hours (individuals)
  and 320 hours (private sector)). The homeowner fee increases to $500; private sector fee (commercial) increases to $5,000. Total for 1 homeowner = $500; total for 8 commercial = $40,000.
\4\ The amendments for standard nonpurposeful eagle take permits and standard eagle nest take permits are combined in the approved collection for a total of 25. Here they are split into 20 eagle incidental take permit amendments and
  5 eagle nest take permit amendments.
\5\ Two homeowner; 18 commercial.
\6\ One homeowner; four commercial.
\7\ The amendment fee for long-term programmatic permits was approved under 1018-0022. However, the rule removes this fee because the costs associated with it are included under the administration fee.
\8\ This is a new reporting requirement as well as a new administration fee and applies only to commercial permittees. We will not receive any reports or assess the administration fee until after a permittee has had a permit for 5
  years (earliest probably 2022). We estimate that we will receive 19 responses every 5 years, which, annualized over the 3-year period of OMB approval, results in 4 responses annually. We estimate that each response will take 8
  hours, for a total of 32 annual burden hours. We will assess an $8,000 administration fee for each permittee for a total of $32,000. Note: This burden reflects what will be imposed in 5 years. Each 5 years thereafter, the burden
  and nonhour costs will increase because of the number of permittees holding 5-year or longer term permits.


[[Page 7711]]

    Estimated Total Hour Burden: 23,304 hours; the total number of new 
respondents is 60.
    Estimated Total Hour Burden Cost: $798,395 for gathering 
information required to support an application, which may include 
preparation of an Eagle Conservation Plan (ECP). This amount includes 
650 hours for preconstruction monitoring surveys of eagle use of the 
project site and 700 hours of postconstruction monitoring for each 
respondent. Preparation of the application, which may include 
preparation of an ECP, will take approximately 200 hours per 
respondent. These burden hours apply only to those seeking a long-term 
eagle take permit. In addition, those that receive a permit are 
required to report take of eagles and threatened or endangered species 
within 48 hours of discovery of the take. It is estimated that of the 
15 projects permitted to take eagles each year, 10 will actually take 
eagles, requiring 2 hours per respondent to report. Take of threatened 
or endangered species is expected to be a rare event, and occur at only 
1 of the 15 projects permitted each year, requiring only 2 hours to 
report. The burden hours also include the costs for the 5-year permit 
review. We estimate 8 hours per respondent to complete the requirements 
of the permit review for a total of 32 hours.
    Estimated New Total Nonhour Burden Cost: $359,200 for 
administration fees and application fees associated with changes 
implemented by this rule. This amount does not include the nonhour cost 
burden for eagle or eagle nest take permits approved under OMB Control 
No. 1018-0022. States, local governments, and tribal governments are 
exempt from paying these fees.
    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

    Dated: January 12, 2017.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-01284 Filed 1-19-17; 8:45 am]
 BILLING CODE 4333-15-P
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