Notice of Availability of a Draft Environmental Assessment and Receipt of an Application for an Incidental Take Permit for Karner Blue Butterfly and Frosted Elfin From National Grid, 64966-64967 [2011-26793]

Download as PDF 64966 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices Dated: October 12, 2011. Alan D. Bersin, Commissioner, U.S. Customs and Border Protection. [FR Doc. 2011–27088 Filed 10–18–11; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Re-Accreditation and Re-Approval of Intertek Caleb Brett as a Commercial Gauger Bureau of Customs and Border Protection, Department of Homeland Security. AGENCY: Notice of re-approval of Intertek Caleb Brett, Ponce, Puerto Rico, as a commercial gauger. ACTION: Notice is hereby given that, pursuant to 19 CFR 151.13, Intertek Caleb Brett, Ponce, Puerto Rico 00717– 2235, has been re-approved to gauge petroleum and petroleum products, organic chemicals and vegetable oils, for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 151.13. Anyone wishing to employ this entity to conduct gauger services should request and receive written assurances from the entity that it is accredited or approved by the Bureau of Customs and Border Protection to conduct the gauger service requested. Alternatively, inquiries regarding the gauger services this entity is accredited or approved to perform may be directed to the Bureau of Customs and Border Protection by calling (202) 344–1060. The inquiry may also be sent to https://www.cbp.gov/xp/ cgov/import/operations_support/ labs_scientific_svcs/ org_and_operations.xml. SUMMARY: The re-approval of Intertek Caleb Brett as a commercial gauger became effective on March 10, 2010. The next triennial inspection date will be scheduled for March 2013. DATES: emcdonald on DSK5VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Donald Cousins, Director, Scientific Services, Laboratories and Scientific Services, Bureau of Customs and Border Protection, 1331 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202–344–1295. Dated: August 16, 2011. Ira S. Reese, Executive Director, Laboratories and Scientific Services . [FR Doc. 2011–26976 Filed 10–18–11; 8:45 am] BILLING CODE 9111–14–P VerDate Mar<15>2010 16:34 Oct 18, 2011 Jkt 226001 13045; by facsimile at 607–753–9699; or by electronic mail at Fish and Wildlife Service robyn_niver@fws.gov. In the subject line of your letter, facsimile or electronic [FWS–R5–ES–2011–N174; 50120–1112– mail, include the document identifier: 0000–F2] NG HCP. Notice of Availability of a Draft SUPPLEMENTARY INFORMATION: We Environmental Assessment and received a permit application from NG Receipt of an Application for an for incidental take of federally listed Incidental Take Permit for Karner Blue Karner blue butterfly (Lycaeides melissa Butterfly and Frosted Elfin From samuelis) and unlisted frosted elfin National Grid (Callophyrs irus) (should this species become listed in the future) over the AGENCY: Fish and Wildlife Service, next 50 years during operations, Interior. maintenance, and construction activities ACTION: Notice of availability of draft associated with electric and natural gas environmental assessment, receipt of facilities. A conservation program to application, and habitat conservation minimize and mitigate for the incidental plan. take would be implemented by NG as SUMMARY: Pursuant to section 10(a)(1)(B) described in the draft NG HCP. We prepared a draft EA to comply of the Endangered Species Act (ESA) (16 with the NEPA. The Service will U.S.C. 1531 et seq.) and the National evaluate whether the proposed action, Environmental Policy Act (NEPA) (42 issuance of an incidental take permit to U.S.C. 4321, et seq.) the U.S. Fish and NG, and other alternatives in this draft Wildlife Service (Service or ‘‘we’’) EA are adequate to support a Finding of announce the availability of an application for an incidental take permit No Significant Impact. This notice is provided pursuant to and the associated habitat conservation section 10(c) of the ESA and NEPA plan (HCP) from National Grid (NG), regulations (40 CFR 1506.6). Syracuse, New York, and draft We are requesting comments on the environmental assessment (EA) for proposed HCP and our consideration as public review and comment. We received the permit application from NG to whether the draft EA supports a Finding of No Significant Impact under for incidental take of federally listed Karner blue butterfly (Lycaeides melissa NEPA. samuelis) and unlisted frosted elfin Availability of Documents (Callophyrs irus) (should this species The proposed HCP and draft EA are become listed in the future) over the available on the New York Field Office’s next 50 years during operations, (NYFO) Web site at: https:// maintenance, and construction activities www.fws.gov/northeast/nyfo/es/ associated with electric and natural gas kbb.htm. Copies of the proposed HCP facilities within portions of Albany, and draft EA will be available for public Oneida, Schenectady, Saratoga, and review during regular business hours at Warren Counties, New York. We the NYFO (see ADDRESSES). Those who prepared a draft EA that describes the do not have access to the Web site or proposed action and possible cannot visit our office can request alternatives and analyzes the effects of copies by telephone at 607–753–9334 or alternatives on the human environment. by letter to the NYFO (see ADDRESSES). We provide this notice to: (1) Seek public comments on the proposed HCP; Background (2) seek public comments on the scope Section 9 of the ESA (16 U.S.C. 1531 of issues and alternatives considered in et seq.) and its implementing the draft EA and our consideration as to regulations prohibit the ‘‘take’’ of whether the draft EA supports a Finding animal species listed as endangered or of No Significant Impact under NEPA; threatened. Take is defined under the and (3) advise other Federal and State ESA as to ‘‘harass, harm, pursue, hunt, agencies, affected Tribes, and the public shoot, wound, kill, trap, capture, or of our intent to prepare a final EA. collect listed animal species, or to The proposed HCP and EA are being attempt to engage in such conduct’’ (16 made available during a 60-day U.S.C. 1538). However, under section comment period. To ensure 10(a) of the ESA, we may issue permits consideration, we must receive your to authorize incidental take of listed written comments by December 19, species. ‘‘Incidental take’’ is defined by 2011. the ESA as take that is incidental to, and not the purpose of, carrying out an ADDRESSES: Send comments by U.S. otherwise lawful activity. Regulations mail to Robyn Niver, U.S. Fish and Wildlife Service, New York Field Office, governing incidental take permits for threatened and endangered species, 3817 Luker Road, Cortland, New York DEPARTMENT OF THE INTERIOR PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1 emcdonald on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices respectively, are found in the Code of Federal Regulations (October 1, 2006, 50 CFR 17.22; October 1, 2001, 50 CFR 17.32). NG is seeking a permit for the incidental take of Karner blue butterfly (Lycaeides melissa samuelis) and frosted elfin (Callophyrs irus) (should this species become listed in the future) for a term of 50 years. Incidental take of these species may occur in patches of habitat within approximately 56.1 miles of electric transmission line right-of-way (ROW), 52.9 miles of electric subtransmission line, 42.32 miles of gas lines located in ROWs, and 8.41 miles of distribution line ROW (covered lands) within portions of Albany, Oneida, Schenectady, Saratoga, and Warren Counties, New York. Where multiple electric lines are located parallel in the same ROW, the length has only been counted once. Where a gas pipeline is located adjacent to an electric transmission line, both lengths have been counted. An additional 28 acres of mitigation lands are also included as covered lands. The covered activities may result in the permanent loss of 3.5 acres of occupied habitat and periodic temporary disturbance of 29.3 acres of occupied habitat during the term of the permit. Proposed covered activities include operations, maintenance, reconstruction, and new construction of electric transmission, sub-transmission, and distribution structures and substations, as well as underground natural gas pipelines and associated aboveground gas regulator stations and valve sites. The HCP’s proposed conservation strategy is designed to avoid, minimize, and mitigate the impacts of covered activities on the covered species. The biological goals and objectives are to complement the existing conservation efforts in New York State for the butterflies by (a) Focusing mitigation/ restoration/enhancement efforts within the Albany Pine Bush and Queensbury viable butterfly populations where corridor connections can be made and larger habitats of wild blue lupine can be developed; (b) working with nongovernmental organizations in the area with an interest in protecting butterfly habitat; (c) avoiding and minimizing negative effects and actions; (d) promoting education and outreach; and (e) ensuring that the amount of habitat for the covered species within the covered lands does not drop below the 2006 Baseline Survey acreage. The HCP provides a mechanism to supply funding for a full range of conservation measures targeting the butterflies and the ecosystems that VerDate Mar<15>2010 16:34 Oct 18, 2011 Jkt 226001 support them. Conservation measures proposed include implementation of avoidance and minimization measures to ensure continued existence of the butterflies within the covered lands, creation of a 5-acre, off-ROW preserve, and creation and/or enhancement of up to 23 acres of ROW habitat. Additionally, and although not required, NG will be proactive and conduct enhancement measures above and beyond the regulatory requirements that should result in the ultimate creation and promotion of habitat within strategically selected ROW areas of the covered lands. The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed HCP. Two other alternatives to the proposed action were considered in the HCP: no action (i.e., the incidental take permit for Karner blue butterfly and frosted elfin would not be issued and the HCP would not be implemented), and avoiding or reducing the performance of infrastructure repairs and replacements. However, these two alternative actions were eliminated from further consideration, due to logistical and public safety considerations, and the associated regulatory and businessrelated obligations to continue providing reliable electricity and natural gas service to NG’s customers. NG has developed an implementation agreement (IA) that ensures proper implementation of each of the terms and conditions of the HCP and describes the applicable remedies and recourse should any party fail to perform its obligations, responsibilities, and tasks. The IA is being included with the proposed HCP for public review. National Environmental Policy Act In compliance with the NEPA of 1969, we analyzed the impacts of implementing the HCP, issuance of the permit, and a reasonable range of alternatives. Based on this analysis and any new information resulting from public comment on the proposed action, we will determine if there are any significant impacts or effects caused by issuing the incidental take permit. We have prepared a draft EA on this proposed action and have made it available for public inspection online or in person at the NYFO (see ADDRESSES). NEPA requires that a range of reasonable alternatives to the proposed action be described. The draft EA analyzes three alternatives that were derived from discussions with NG during the development of the HCP. We evaluated a no action alternative (do not issue a permit, status quo), the proposed action, (issue the permit and implement PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 64967 the HCP) and one other alternative that limits the mitigation activities to areas of impact. Next Steps We will evaluate the plan and comments we receive to determine whether the permit application meets the requirements of section 10(a) of the ESA (16 U.S.C. 1531 et seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) permit would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether to issue a permit. If the requirements are met, we will issue the permit to the applicant. Public Comments The Service invites the public to comment on the proposed HCP and draft EA during a 60-day public comment period ending on December 19, 2011. Comments can be submitted to the NYFO (see ADDRESSES). All comments received, including names and addresses, will become part of the administrative record and may be made available to the public. 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 may request at the top of your document that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: August 11, 2011. Kenneth D. Elowe, Acting Regional Director, Region 5. [FR Doc. 2011–26793 Filed 10–18–11; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMT926000–L19100000–BJ0000– LRCME0G01253] Notice of Filing of Plats of Survey; South Dakota Bureau of Land Management, Interior. ACTION: Notice of filing of plats of survey. AGENCY: The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in SUMMARY: E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Notices]
[Pages 64966-64967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26793]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-ES-2011-N174; 50120-1112-0000-F2]


Notice of Availability of a Draft Environmental Assessment and 
Receipt of an Application for an Incidental Take Permit for Karner Blue 
Butterfly and Frosted Elfin From National Grid

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of draft environmental assessment, 
receipt of application, and habitat conservation plan.

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

SUMMARY: Pursuant to section 10(a)(1)(B) of the Endangered Species Act 
(ESA) (16 U.S.C. 1531 et seq.) and the National Environmental Policy 
Act (NEPA) (42 U.S.C. 4321, et seq.) the U.S. Fish and Wildlife Service 
(Service or ``we'') announce the availability of an application for an 
incidental take permit and the associated habitat conservation plan 
(HCP) from National Grid (NG), Syracuse, New York, and draft 
environmental assessment (EA) for public review and comment. We 
received the permit application from NG for incidental take of 
federally listed Karner blue butterfly (Lycaeides melissa samuelis) and 
unlisted frosted elfin (Callophyrs irus) (should this species become 
listed in the future) over the next 50 years during operations, 
maintenance, and construction activities associated with electric and 
natural gas facilities within portions of Albany, Oneida, Schenectady, 
Saratoga, and Warren Counties, New York. We prepared a draft EA that 
describes the proposed action and possible alternatives and analyzes 
the effects of alternatives on the human environment.
    We provide this notice to: (1) Seek public comments on the proposed 
HCP; (2) seek public comments on the scope of issues and alternatives 
considered in the draft EA and our consideration as to whether the 
draft EA supports a Finding of No Significant Impact under NEPA; and 
(3) advise other Federal and State agencies, affected Tribes, and the 
public of our intent to prepare a final EA.
    The proposed HCP and EA are being made available during a 60-day 
comment period. To ensure consideration, we must receive your written 
comments by December 19, 2011.

ADDRESSES: Send comments by U.S. mail to Robyn Niver, U.S. Fish and 
Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New 
York 13045; by facsimile at 607-753-9699; or by electronic mail at 
robyn_niver@fws.gov. In the subject line of your letter, facsimile or 
electronic mail, include the document identifier: NG HCP.

SUPPLEMENTARY INFORMATION: We received a permit application from NG for 
incidental take of federally listed Karner blue butterfly (Lycaeides 
melissa samuelis) and unlisted frosted elfin (Callophyrs irus) (should 
this species become listed in the future) over the next 50 years during 
operations, maintenance, and construction activities associated with 
electric and natural gas facilities. A conservation program to minimize 
and mitigate for the incidental take would be implemented by NG as 
described in the draft NG HCP.
    We prepared a draft EA to comply with the NEPA. The Service will 
evaluate whether the proposed action, issuance of an incidental take 
permit to NG, and other alternatives in this draft EA are adequate to 
support a Finding of No Significant Impact.
    This notice is provided pursuant to section 10(c) of the ESA and 
NEPA regulations (40 CFR 1506.6).
    We are requesting comments on the proposed HCP and our 
consideration as to whether the draft EA supports a Finding of No 
Significant Impact under NEPA.

Availability of Documents

    The proposed HCP and draft EA are available on the New York Field 
Office's (NYFO) Web site at: https://www.fws.gov/northeast/nyfo/es/kbb.htm. Copies of the proposed HCP and draft EA will be available for 
public review during regular business hours at the NYFO (see 
ADDRESSES). Those who do not have access to the Web site or cannot 
visit our office can request copies by telephone at 607-753-9334 or by 
letter to the NYFO (see ADDRESSES).

Background

    Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing 
regulations prohibit the ``take'' of animal species listed as 
endangered or threatened. Take is defined under the ESA as to ``harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect 
listed animal species, or to attempt to engage in such conduct'' (16 
U.S.C. 1538). However, under section 10(a) of the ESA, we may issue 
permits to authorize incidental take of listed species. ``Incidental 
take'' is defined by the ESA as take that is incidental to, and not the 
purpose of, carrying out an otherwise lawful activity. Regulations 
governing incidental take permits for threatened and endangered 
species,

[[Page 64967]]

respectively, are found in the Code of Federal Regulations (October 1, 
2006, 50 CFR 17.22; October 1, 2001, 50 CFR 17.32).
    NG is seeking a permit for the incidental take of Karner blue 
butterfly (Lycaeides melissa samuelis) and frosted elfin (Callophyrs 
irus) (should this species become listed in the future) for a term of 
50 years. Incidental take of these species may occur in patches of 
habitat within approximately 56.1 miles of electric transmission line 
right-of-way (ROW), 52.9 miles of electric sub-transmission line, 42.32 
miles of gas lines located in ROWs, and 8.41 miles of distribution line 
ROW (covered lands) within portions of Albany, Oneida, Schenectady, 
Saratoga, and Warren Counties, New York. Where multiple electric lines 
are located parallel in the same ROW, the length has only been counted 
once. Where a gas pipeline is located adjacent to an electric 
transmission line, both lengths have been counted. An additional 28 
acres of mitigation lands are also included as covered lands. The 
covered activities may result in the permanent loss of 3.5 acres of 
occupied habitat and periodic temporary disturbance of 29.3 acres of 
occupied habitat during the term of the permit.
    Proposed covered activities include operations, maintenance, 
reconstruction, and new construction of electric transmission, sub-
transmission, and distribution structures and substations, as well as 
underground natural gas pipelines and associated aboveground gas 
regulator stations and valve sites.
    The HCP's proposed conservation strategy is designed to avoid, 
minimize, and mitigate the impacts of covered activities on the covered 
species. The biological goals and objectives are to complement the 
existing conservation efforts in New York State for the butterflies by 
(a) Focusing mitigation/restoration/enhancement efforts within the 
Albany Pine Bush and Queensbury viable butterfly populations where 
corridor connections can be made and larger habitats of wild blue 
lupine can be developed; (b) working with non-governmental 
organizations in the area with an interest in protecting butterfly 
habitat; (c) avoiding and minimizing negative effects and actions; (d) 
promoting education and outreach; and (e) ensuring that the amount of 
habitat for the covered species within the covered lands does not drop 
below the 2006 Baseline Survey acreage.
    The HCP provides a mechanism to supply funding for a full range of 
conservation measures targeting the butterflies and the ecosystems that 
support them. Conservation measures proposed include implementation of 
avoidance and minimization measures to ensure continued existence of 
the butterflies within the covered lands, creation of a 5-acre, off-ROW 
preserve, and creation and/or enhancement of up to 23 acres of ROW 
habitat. Additionally, and although not required, NG will be proactive 
and conduct enhancement measures above and beyond the regulatory 
requirements that should result in the ultimate creation and promotion 
of habitat within strategically selected ROW areas of the covered 
lands.
    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP. Two other alternatives 
to the proposed action were considered in the HCP: no action (i.e., the 
incidental take permit for Karner blue butterfly and frosted elfin 
would not be issued and the HCP would not be implemented), and avoiding 
or reducing the performance of infrastructure repairs and replacements. 
However, these two alternative actions were eliminated from further 
consideration, due to logistical and public safety considerations, and 
the associated regulatory and business-related obligations to continue 
providing reliable electricity and natural gas service to NG's 
customers. NG has developed an implementation agreement (IA) that 
ensures proper implementation of each of the terms and conditions of 
the HCP and describes the applicable remedies and recourse should any 
party fail to perform its obligations, responsibilities, and tasks. The 
IA is being included with the proposed HCP for public review.

National Environmental Policy Act

    In compliance with the NEPA of 1969, we analyzed the impacts of 
implementing the HCP, issuance of the permit, and a reasonable range of 
alternatives. Based on this analysis and any new information resulting 
from public comment on the proposed action, we will determine if there 
are any significant impacts or effects caused by issuing the incidental 
take permit. We have prepared a draft EA on this proposed action and 
have made it available for public inspection online or in person at the 
NYFO (see ADDRESSES).
    NEPA requires that a range of reasonable alternatives to the 
proposed action be described. The draft EA analyzes three alternatives 
that were derived from discussions with NG during the development of 
the HCP. We evaluated a no action alternative (do not issue a permit, 
status quo), the proposed action, (issue the permit and implement the 
HCP) and one other alternative that limits the mitigation activities to 
areas of impact.

Next Steps

    We will evaluate the plan and comments we receive to determine 
whether the permit application meets the requirements of section 10(a) 
of the ESA (16 U.S.C. 1531 et seq.). We will also evaluate whether 
issuance of a section 10(a)(1)(B) permit would comply with section 7 of 
the ESA by conducting an intra-Service section 7 consultation. We will 
use the results of this consultation, in combination with the above 
findings, in our final analysis to determine whether to issue a permit. 
If the requirements are met, we will issue the permit to the applicant.

Public Comments

    The Service invites the public to comment on the proposed HCP and 
draft EA during a 60-day public comment period ending on December 19, 
2011. Comments can be submitted to the NYFO (see ADDRESSES). All 
comments received, including names and addresses, will become part of 
the administrative record and may be made available to the public. 
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 may 
request at the top of your document that we withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

    Dated: August 11, 2011.
Kenneth D. Elowe,
Acting Regional Director, Region 5.
[FR Doc. 2011-26793 Filed 10-18-11; 8:45 am]
BILLING CODE 4310-55-P
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