Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; Duke Energy Corp., Gibson County, IN, 63944-63945 [2011-26593]

Download as PDF 63944 Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices Turkey is the most important process involved in producing the finished product. Therefore, we find in accordance with 19 CFR § 102.21(c)(4), the country of origin of the surgical face mask with a protective eyeshield for purposes of government procurement is Turkey. HOLDING: Based on the facts and analysis set forth above, the finished surgical face mask with a protective eye-shield is a product of Turkey for the purpose of government procurement. Notice of this final determination will be given in the Federal Register, as required by 19 CFR § 177.29. Any party-at-interest other than the party which requested the final determination may request, pursuant to 19 CFR § 177.31, that CBP reexamine the matter anew and issue a new final determination. Any party-at-interest may, within 30 days after publication of the Federal Register notice referenced above, seek judicial review of this final determination before the Court of International Trade. Sincerely, Sandra L. Bell, Executive Director, Office of Regulations and Rulings, Office of International Trade. [FR Doc. 2011–26550 Filed 10–13–11; 8:45 am] BILLING CODE 9111–14–P [Docket No. FR–5477–N–41a] Federal Property Suitable as Facilities to Assist the Homeless Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. AGENCY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone (202) 708–1234; TTY number for the hearing- and speech-impaired (202) 708–2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800–927–7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in National Coalition for the Homeless v. Veterans Administration, No. 88–2503–OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today’s Notice is for the tkelley on DSK3SPTVN1PROD with NOTICES VerDate Mar<15>2010 15:20 Oct 13, 2011 Jkt 226001 Dated: October 6, 2011. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. 2011–26317 Filed 10–13–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R3–ES–2011–N202; 30120–1112– 0000–F6] Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; Duke Energy Corp., Gibson County, IN Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act requires that we invite public comment before issuing these permits. SUMMARY: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUMMARY: purpose of announcing that no additional properties have been determined suitable or unsuitable this week. We must receive any written comments on or before November 14, 2011. DATES: Send written comments by U.S. Mail to the Regional Director, Attn: Lisa Mandell, U.S. Fish and Wildlife Service, Ecological Services, 5600 American Blvd., West, Suite 990, Bloomington, MN 55437–1458; or by electronic mail to permitsR3ES@fws.gov. FOR FURTHER INFORMATION CONTACT: Lisa Mandell, (612) 713–5343. SUPPLEMENTARY INFORMATION: We invite public comment on the following permit application for certain activities with endangered species authorized by section 10(a)(2)(A) of the Act (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 the address shown in ADDRESSES. ADDRESSES: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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 most 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. Current 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 updated 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, E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices 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. Environmental Review tkelley on DSK3SPTVN1PROD with NOTICES In compliance with National Environmental Protection Act (NEPA) (42 U.S.C. 4321 et seq.), the Service has made an initial determination that the HCP meets the criteria for a Low Effect HCP and categorical exclusion under NEPA. As such, activities in this HCP and Permit are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement (516 DM 6 Appendix 1, 1.4C(1)). The NEPA determination is available for review by all interested parties. Dated: September 28, 2011. Lynn Lewis, Assistant Regional Director, Ecological Services, Region 3. [FR Doc. 2011–26593 Filed 10–13–11; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R4–R–2011–N138; 40136–1265–0000– S3] White River National Wildlife Refuge, AR; Draft Comprehensive Conservation Plan and Environmental Assessment AGENCY: Fish and Wildlife Service, Interior. Notice of availability; request for comments. ACTION: We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive Public Comments conservation plan and environmental We seek public review and comments assessment (Draft CCP/EA) for White River National Wildlife Refuge (NWR) on this permit application. Please refer in Desha, Monroe, Phillips, and to permit number TE016724 when you Arkansas Counties, Arkansas, for public submit comments. The Habitat review and comment. In this Draft CCP/ Conservation Plan, Incidental Take EA, we describe the alternative we Permit renewal application, and NEPA propose to use to manage this refuge for determination are available for public the 15 years following approval of the inspection on the Midwest Region website at: https://www.fws.gov/midwest/ final CCP. endangered/permits/hcp/r3hcps.html. DATES: To ensure consideration, we In addition, the documents are available must receive your written comments by for public inspection by appointment November 14, 2011. during normal business hours (8 a.m.– ADDRESSES: You may obtain a copy of 4:30 p.m.) at the U.S. Fish and Wildlife the Draft CCP/EA by contacting Mr. Service, Midwest Regional Office, 5600 Dennis Sharp, via U.S. mail at White American Blvd., West, 10th Floor, River NWR, P.O. Box 205, St. Charles, Bloomington, MN 55437–1458, (612/ AR 72140, or via e-mail at 713–5350) and at the U.S. Fish and dennis_sharp@fws.gov. Alternatively, Wildlife Service, Ecological Services you may download the document from Field Office, 620 South Walker Street, Bloomington, IN 47403 (812/334–4261). our Internet Site at https://www.fws.gov/ southeast/planning/under ‘‘Draft Comments and materials we receive Documents.’’ Submit comments on the are available for public inspection, by Draft CCP/EA to the above postal appointment, during normal business address or e-mail address. hours at the address shown in the ADDRESSES section. Before including FOR FURTHER INFORMATION CONTACT: Mr. your address, phone number, e-mail Mike Dawson, at (601) 955–1518 address, or other personal identifying (telephone). information in your comment, you SUPPLEMENTARY INFORMATION: should be aware that your entire comment—including your personal Introduction identifying information—may be made publicly available at any time. While With this notice, we continue the CCP you can ask us in your comment to process for White River NWR. We withhold your personal identifying started the process through a Federal information from public review, we Register notice on January 21, 2009 (74 cannot guarantee that we will be able to FR 3628). Please see that notice for more do so. about the refuge and its purposes. VerDate Mar<15>2010 15:20 Oct 13, 2011 Jkt 226001 SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 63945 Background The CCP Process The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) (Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires us to develop a CCP for each national wildlife refuge. The purpose in developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlifedependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Administration Act. CCP Alternatives, Including Our Proposed Alternative We developed three alternatives (A, B, and C) for managing the refuge and chose Alternative C as the proposed alternative. A full description of each alternative is in the Draft CCP/EA. We summarize each alternative below. Alternative A—Current Management (No Action) Under Alternative A, current management direction would continue at present levels. We would continue to support existing migratory waterfowl numbers and habitat acreage in an attempt to meet or exceed the foraging habitat objectives of the Lower Mississippi Valley Joint Venture and the North American Waterfowl Management Plan. We would continue to provide functional waterfowl refuge/sanctuary areas throughout the refuge, comprising at least 60 percent of its area. We would continue to provide quality wood duck nesting and brood-rearing habitat in bottomland hardwoods, cypress swamps, and scrub/shrub habitats. If time permits, we would conduct banding to support objectives of the Mississippi Flyway Council. We would provide incidental benefits for shorebirds, but with no active management on their behalf. Likewise, there would be no active habitat management for marsh birds, but we would continue to provide habitat for them in shallow-water areas and moist- E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63944-63945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26593]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2011-N202; 30120-1112-0000-F6]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; Duke Energy Corp., Gibson County, IN

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

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

DATES: We must receive any written comments on or before November 14, 
2011.

ADDRESSES: Send written comments by U.S. Mail to the Regional Director, 
Attn: Lisa Mandell, U.S. Fish and Wildlife Service, Ecological 
Services, 5600 American Blvd., West, Suite 990, Bloomington, MN 55437-
1458; or by electronic mail to permitsR3ES@fws.gov.

FOR FURTHER INFORMATION CONTACT: Lisa Mandell, (612) 713-5343.

SUPPLEMENTARY INFORMATION: We invite public comment on the following 
permit application for certain activities with endangered species 
authorized by section 10(a)(2)(A) of the Act (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 the 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 
most 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.

Current 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 updated 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,

[[Page 63945]]

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.

Environmental Review

    In compliance with National Environmental Protection Act (NEPA) (42 
U.S.C. 4321 et seq.), the Service has made an initial determination 
that the HCP meets the criteria for a Low Effect HCP and categorical 
exclusion under NEPA. As such, activities in this HCP and Permit are 
categorically excluded from the requirement to prepare an environmental 
assessment or environmental impact statement (516 DM 6 Appendix 1, 
1.4C(1)). The NEPA determination is available for review by all 
interested parties.

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: https://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.-
4:30 p.m.) at the U.S. Fish and Wildlife Service, Midwest Regional 
Office, 5600 American Blvd., West, 10th Floor, Bloomington, MN 55437-
1458, (612/713-5350) and at the U.S. Fish and Wildlife Service, 
Ecological Services Field Office, 620 South Walker Street, Bloomington, 
IN 47403 (812/334-4261).
    Comments and materials we receive are available for public 
inspection, by appointment, during normal business hours at the address 
shown in the ADDRESSES section. Before including your address, phone 
number, e-mail 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 ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

    Dated: September 28, 2011.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Region 3.
[FR Doc. 2011-26593 Filed 10-13-11; 8:45 am]
BILLING CODE 4310-55-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.