Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Habitat Conservation Plan and Associated Documents; Meteorological Towers, Lanai, HI, 76432-76434 [2011-31427]

Download as PDF 76432 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Notices This total number of combined burden hours can be expected to increase annually by 300 hours, given the average of three new urban counties becoming eligible entitlement grantees each year. Status of the proposed information collection: Existing collection number will expire February 29, 2012. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, as amended. Dated: December 2, 2011. Clifford Taffet, General Deputy Assistant Secretary for Community Planning and Development. [FR Doc. 2011–31415 Filed 12–6–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5487–N–20] Notice of Proposed Information for Public Comment for: Capture Energy Efficiency Measures for PIH Office of the Chief Information Officer, HUD. ACTION: Notice. AGENCY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. HUD is creating the Capture Energy Efficiency Measures for PIH (CEEMP) data system to track the amount and types of Energy Conservation Measures (ECMs) being implemented within Public and Indian (PIH) units. The CEEMP data system is necessary in order to support the Department’s Agency Performance Goals (APGs), specifically APG #13 which sets precise targets for completing green retrofits and creating energy efficient units. In addition to the direct support of HUD APG #13, the implementation of the CEEMP data system will enable HUD to provide reports to OMB on the progress of ECMs completed with PIH funding. Without the approval of the CEEMP data system, HUD will not be able to track PIH ECMs and will be unable to support the Department’s APG #13 or provide OMB with ECM information. DATES: Comments Due Date: February 6, 2012. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number (2577–New) and srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:00 Dec 06, 2011 Jkt 226001 should be sent to: HUD Desk Officer Office of Management and Budget, New Executive Office Building, Washington, DC 20503: Fax (202) 395–5806. FOR FURTHER INFORMATION CONTACT: Colette Pollard., Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4176, Washington, DC 20410; telephone: (202) 402–2400, (this is not a toll-free number) or email Ms. Pollard at Colette.Pollard@hud.gov. SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). This Notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: Title of Proposal: Capture Energy Efficiency Measures for PIH (CEEMP). OMB Control Number, if Applicable: 2577—New. Description of the Need for the Information and Proposed Use: HUD is creating the Capture Energy Efficiency Measures for PIH (CEEMP) data system to track the amount and types of Energy Conservation Measures (ECMs) being implemented within Public and Indian (PIH) units. The CEEMP data system is necessary in order to support the Department’s Agency Performance Goals (APGs), specifically APG #13 which sets precise targets for completing green retrofits and creating energy efficient units. In addition to the direct support of HUD APG #13, the implementation of the CEEMP data system will enable HUD to provide reports to OMB on the progress of ECMs completed with PIH funding. Without the approval of the CEEMP data system, HUD will not be able to track PIH ECMs and will be unable to support the PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Department’s APG #13 or provide OMB with ECM information. Agency Form Numbers, if Applicable: N/A, the data will be collected utilizing a web-based application. Recipients will be required to complete the collection online. To the greatest extent possible, all data will be pre-populated to minimize data entry. Once the initial file is created, recipients will be able to update the same file and submit on an ongoing basis. Members of Affected Public: State, Local or Local Government and Nonprofit organization. Estimation of the Total Number of Hours Needed To Prepare the Information Collection Including Number of Respondents, Frequency of Response, and Hours of Response: The estimated number of respondents is 3,150 with 50,400 annual responses and the total reporting burden is 151,200 hours. Status of the Proposed Information Collection: New. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, as amended. Dated: December 2, 2011. Merrie Nichols-Dixon, Deputy Director for Office of Policy, Program and Legislative Initiatives. [FR Doc. 2011–31421 Filed 12–6–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–ES–2011–N200;10120–1112– 0000–F2] Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Habitat Conservation Plan and Associated Documents; Meteorological Towers, Lanai, HI Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the U.S Fish and Wildlife Service (Service), have received an application from Castle and Cooke Resorts, LLC (applicant) to renew the incidental take permit number TE194350–0, associated with an existing habitat conservation plan (HCP), under the Endangered Species Act of 1973, as amended (ESA). We request public comment on the permit renewal application and HCP, as well as on our preliminary determination that the action is covered under the environmental assessment completed for the initial permit issuance. SUMMARY: E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Notices All comments from interested parties must be received on or before January 6, 2012. ADDRESSES: Please address written comments to Loyal Mehrhoff, Project Leader, Pacific Islands Fish and Wildlife Office, U.S. Fish and Wildlife Service, 300 Ala Moana Boulevard, Room 3–122, Honolulu, HI 96850. You may also send comments by facsimile to (808) 792– 9580. srobinson on DSK4SPTVN1PROD with NOTICES DATES: Background Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations prohibit the ‘‘take’’ of fish and wildlife species listed as endangered or threatened. The term ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. However, under section 10(a) of the ESA (16 U.S.C. 1539(a)), we may issue permits to authorize FOR FURTHER INFORMATION CONTACT: Bill incidental take of listed fish and Standley, Fish and Wildlife Biologist, wildlife species. Incidental take is U.S. Fish and Wildlife Service (see defined by the ESA as take that is ADDRESSES above), telephone (808) 792– incidental to, and not the purpose of, 9400. carrying out an otherwise lawful activity. Regulations governing SUPPLEMENTARY INFORMATION: The incidental take permits for threatened applicant is requesting a six-year and endangered species are found at 50 extension of an incidental take permit CFR 17.32 and 17.22. If the incidental for incidental take of the endangered take permit is renewed, the applicant Hawaiian petrel (Pterodroma would receive assurances under the sandwichensis), endangered Hawaiian stilt (Himantopus mexicanus knudseni), Service’s ‘‘No Surprises’’ regulations at 50 CFR 17.32(b)(5) and 50 CFR endangered Hawaiian hoary bat 17.22(b)(5). (Lasiurus cinereus semotus), and the threatened Newell’s (Townsend’s) On September 26, 2008, we issued an shearwater (Puffinus auricularis newelli) incidental take permit to the applicant on the island of Lanai, Hawaii. The for incidental take of the endangered applicant remains in compliance with Hawaiian petrel, endangered Hawaiian all of the conditions and authorizations stilt, endangered Hawaiian hoary bat, in the original permit and no take has and the threatened Newell’s been documented to date. The applicant (Townsend’s) shearwater, pursuant to is also applying to the Hawaii section 10(a)(1)(B) of the ESA. As Department of Land and Natural required by section 10(a)(2)(A) of the Resources to extend their State ESA, the applicant has an existing HCP incidental take license. designed to minimize and mitigate any such take of the covered species caused Availability of Documents by the construction and operation of up You may request copies of the permit to seven meteorological towers on the application, which includes the island of Lanai. The applicant application and the original HCP, by constructed six of the seven contacting the Service’s Pacific Islands meteorological towers that were covered Fish and Wildlife Office (see FOR under the incidental take permit on FURTHER INFORMATION CONTACT above). private land that they own. The The original HCP and environmental meteorological towers are used to assessment are also available collect data on wind patterns. The data electronically for review on the U.S. are being used to assess the suitability Fish and Wildlife Service Pacific Islands of the project site’s wind regime to Fish and Wildlife Office Web site at sustain a wind-turbine facility for http://www.fws.gov/pacificislands. electrical energy production. Each meteorological tower is 165-feet (50Comments and materials we receive meters) tall and each rests on a steel will become part of the public record base plate approximately 9 square feet and will be available for public (0.8 square meter) in size. Each tower is inspection by appointment, during regular business hours. Before including supported with aircraft cable guy wires in four directions at each of six guy your address, phone number, email levels. The guy wire radius is 100 feet address, or other personal identifying to 110 feet (30.5 to 33.5 meters). The guy information in your comment, you wires are anchored with standard deadshould be aware that your entire man type anchors to a depth of 5 to 8 comment—including your personal feet (1.5 to 2.4 meters). No listed species identifying information—may be made are known to inhabit the area in the publicly available at any time. While immediate vicinity of the tower you can ask us in your comment to locations; however, incidental take may withhold your personal identifying occur if individual birds or bats flying information from public review, we cannot guarantee that we will be able to through the project site air space collide with the towers and guy wires. do so. VerDate Mar<15>2010 17:00 Dec 06, 2011 Jkt 226001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 76433 Because of the uncertainty regarding the likelihood that listed species would collide with the meteorological towers and guy wires, the HCP established two tiers of mitigation that would be based on the take detected. The mitigation measures to offset the first tier of authorized take have been completed, and to date, no take of any listed species has been documented during the required monitoring program. The HCP included additional mitigation measures that would only be implemented should the first tier of take be exceeded. The completed mitigation included conducting predator control for a period of 2 years within the island’s Hawaiian petrel colony, Newell’s shearwater nesting habitat, and hoary bat habitat; conducting predator control for 2 years at the island’s wastewater treatment plant, where Hawaiian stilts nest; and removing invasive plants, primarily strawberry guava (Psidium cattleianum), to facilitate the re-establishment of native vegetation within 3 acres of forest habitat adjacent to the Hawaiian petrel colony and within Newell’s shearwater and hoary bat habitat. During the implementation of the HCP, the applicant demonstrated that it was possible to manage the vegetation at meteorological tower sites such that searchers have a high probability of detecting any wildlife carcasses present and that carcasses were not being removed from the sites by scavengers. Therefore, the Service approved the modification of the monitoring protocol such that surveys were conducted every 30 days rather than 10 days, provided the vegetation was managed and carcass removal rates did not increase. Prior to the expiration of the incidental take permit in March 2010, the applicant requested that the permit be extended for 6 years (through March 1, 2016). In accordance with regulations at 50 CFR 13.22(c), the applicant may continue the activities authorized by the expired permit until the Service has acted on the application for renewal. While the applicant has since removed five of the six towers originally constructed, the incidental take permit extension would cover the operation of all seven towers so that the applicant could reinstall and operate the meteorological towers without further amending the incidental take permit should additional wind data be needed. The applicant agreed to extend their Memorandum of Understanding with the State of Hawaii, which implemented the mitigation measures on behalf of the applicant, to ensure that the State continues to have access to manage and monitor the mitigation site for the full term of the incidental take permit. The E:\FR\FM\07DEN1.SGM 07DEN1 76434 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Notices applicant also extended a Performance Bond secured to fund additional mitigation should it be required. Preliminary Determination The Service has made a preliminary determination that the Biological Opinion, Environmental Assessment, Finding of No Significant Impact, and Set of Findings that were previously approved in support of issuance of the original incidental take permit do not require revision because there is no new information relating to the impacts of this action, no additional impacts expected beyond those originally assessed, the required mitigation actions have been implemented pursuant to the existing HCP, and no incidental take has been documented. Authority This notice is provided pursuant to section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). The public process for the proposed Federal action will be completed after the public comment period, at which time we will evaluate the permit renewal application and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the ESA, applicable regulations, and NEPA requirements. If we determine that those requirements are met, we will renew the incidental take permit. Dated: October 28, 2011. Richard R. Hannan, Deputy Regional Director, Pacific Region, Portland, Oregon. [FR Doc. 2011–31427 Filed 12–6–11; 8:45 am] BILLING CODE 4310–55–P INTERNATIONAL TRADE COMMISSION [DN 2860] Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Integrated Circuits, Chipsets, And Products Containing Same including Televisions, DN 2860; the Commission is soliciting comments on any public interest issues raised by the complaint. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:00 Dec 06, 2011 Jkt 226001 FOR FURTHER INFORMATION CONTACT: James R. Holbein, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint filed on behalf of Bracewell & Giuliani on Freescale Semiconductor, Inc. on December 1, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain integrated circuits, chipsets, and products containing same including televisions. The complaint names Media Tek Inc. of Taiwan; Zoran Corporation of Sunnyvale, CA; Vizio, Inc. of Irvine, CA; Sanyo Electric Co., Ltd. of Japan; Sanyo North America Corporation of San Diego, CA; Sanyo Manufacturing Corporation of Forrest City, Arkansas; TPV Technology Limited of Hong Kong; TPV International (USA) Inc. of Austin TX; Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan; Top Victory Electronics (Fujian) Co., Ltd. of China; AOC International (USA) Ltd. of Fremont, CA; Envision Peripherals, Inc. of Fremont, CA; Amtran Technology Co., Ltd.of Taiwan; and Amtran Logistics, Inc. of Irvine, CA., as respondents. The complainant, proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five pages in length, on any public interest issues raised by the complaint. Comments should address whether issuance of an exclusion order and/or a cease and desist order in this investigation would negatively affect the PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the potential orders; (iii) Indicate the extent to which like or directly competitive articles are produced in the United States or are otherwise available in the United States, with respect to the articles potentially subject to the orders; and (iv) Indicate whether Complainant, Complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to an exclusion order and a cease and desist order within a commercially reasonable time. Written submissions must be filed no later than by close of business, five business days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Submissions should refer to the docket number (‘‘Docket No. 2860’’) in a prominent place on the cover page and/or the first page. The Commission’s rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ documents/handbook_on_electronic_ filing.pdf. Persons with questions regarding electronic filing should contact the Secretary (202) 205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Pages 76432-76434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31427]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2011-N200;10120-1112-0000-F2]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Habitat Conservation Plan and Associated Documents; 
Meteorological Towers, Lanai, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S Fish and Wildlife Service (Service), have received 
an application from Castle and Cooke Resorts, LLC (applicant) to renew 
the incidental take permit number TE194350-0, associated with an 
existing habitat conservation plan (HCP), under the Endangered Species 
Act of 1973, as amended (ESA). We request public comment on the permit 
renewal application and HCP, as well as on our preliminary 
determination that the action is covered under the environmental 
assessment completed for the initial permit issuance.

[[Page 76433]]


DATES: All comments from interested parties must be received on or 
before January 6, 2012.

ADDRESSES: Please address written comments to Loyal Mehrhoff, Project 
Leader, Pacific Islands Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 
96850. You may also send comments by facsimile to (808) 792-9580.

FOR FURTHER INFORMATION CONTACT: Bill Standley, Fish and Wildlife 
Biologist, U.S. Fish and Wildlife Service (see ADDRESSES above), 
telephone (808) 792-9400.

SUPPLEMENTARY INFORMATION: The applicant is requesting a six-year 
extension of an incidental take permit for incidental take of the 
endangered Hawaiian petrel (Pterodroma sandwichensis), endangered 
Hawaiian stilt (Himantopus mexicanus knudseni), endangered Hawaiian 
hoary bat (Lasiurus cinereus semotus), and the threatened Newell's 
(Townsend's) shearwater (Puffinus auricularis newelli) on the island of 
Lanai, Hawaii. The applicant remains in compliance with all of the 
conditions and authorizations in the original permit and no take has 
been documented to date. The applicant is also applying to the Hawaii 
Department of Land and Natural Resources to extend their State 
incidental take license.

Availability of Documents

    You may request copies of the permit application, which includes 
the application and the original HCP, by contacting the Service's 
Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT above). The original HCP and environmental assessment are also 
available electronically for review on the U.S. Fish and Wildlife 
Service Pacific Islands Fish and Wildlife Office Web site at http://www.fws.gov/pacificislands.
    Comments and materials we receive will become part of the public 
record and will be available for public inspection by appointment, 
during regular business hours. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can 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.

Background

    Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations 
prohibit the ``take'' of fish and wildlife species listed as endangered 
or threatened. The term ``take'' means to harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct. However, under section 10(a) of the ESA (16 U.S.C. 
1539(a)), we may issue permits to authorize incidental take of listed 
fish and wildlife 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 are found at 50 CFR 17.32 
and 17.22. If the incidental take permit is renewed, the applicant 
would receive assurances under the Service's ``No Surprises'' 
regulations at 50 CFR 17.32(b)(5) and 50 CFR 17.22(b)(5).
    On September 26, 2008, we issued an incidental take permit to the 
applicant for incidental take of the endangered Hawaiian petrel, 
endangered Hawaiian stilt, endangered Hawaiian hoary bat, and the 
threatened Newell's (Townsend's) shearwater, pursuant to section 
10(a)(1)(B) of the ESA. As required by section 10(a)(2)(A) of the ESA, 
the applicant has an existing HCP designed to minimize and mitigate any 
such take of the covered species caused by the construction and 
operation of up to seven meteorological towers on the island of Lanai. 
The applicant constructed six of the seven meteorological towers that 
were covered under the incidental take permit on private land that they 
own. The meteorological towers are used to collect data on wind 
patterns. The data are being used to assess the suitability of the 
project site's wind regime to sustain a wind-turbine facility for 
electrical energy production. Each meteorological tower is 165-feet 
(50-meters) tall and each rests on a steel base plate approximately 9 
square feet (0.8 square meter) in size. Each tower is supported with 
aircraft cable guy wires in four directions at each of six guy levels. 
The guy wire radius is 100 feet to 110 feet (30.5 to 33.5 meters). The 
guy wires are anchored with standard dead-man type anchors to a depth 
of 5 to 8 feet (1.5 to 2.4 meters). No listed species are known to 
inhabit the area in the immediate vicinity of the tower locations; 
however, incidental take may occur if individual birds or bats flying 
through the project site air space collide with the towers and guy 
wires.
    Because of the uncertainty regarding the likelihood that listed 
species would collide with the meteorological towers and guy wires, the 
HCP established two tiers of mitigation that would be based on the take 
detected. The mitigation measures to offset the first tier of 
authorized take have been completed, and to date, no take of any listed 
species has been documented during the required monitoring program. The 
HCP included additional mitigation measures that would only be 
implemented should the first tier of take be exceeded. The completed 
mitigation included conducting predator control for a period of 2 years 
within the island's Hawaiian petrel colony, Newell's shearwater nesting 
habitat, and hoary bat habitat; conducting predator control for 2 years 
at the island's wastewater treatment plant, where Hawaiian stilts nest; 
and removing invasive plants, primarily strawberry guava (Psidium 
cattleianum), to facilitate the re-establishment of native vegetation 
within 3 acres of forest habitat adjacent to the Hawaiian petrel colony 
and within Newell's shearwater and hoary bat habitat.
    During the implementation of the HCP, the applicant demonstrated 
that it was possible to manage the vegetation at meteorological tower 
sites such that searchers have a high probability of detecting any 
wildlife carcasses present and that carcasses were not being removed 
from the sites by scavengers. Therefore, the Service approved the 
modification of the monitoring protocol such that surveys were 
conducted every 30 days rather than 10 days, provided the vegetation 
was managed and carcass removal rates did not increase.
    Prior to the expiration of the incidental take permit in March 
2010, the applicant requested that the permit be extended for 6 years 
(through March 1, 2016). In accordance with regulations at 50 CFR 
13.22(c), the applicant may continue the activities authorized by the 
expired permit until the Service has acted on the application for 
renewal. While the applicant has since removed five of the six towers 
originally constructed, the incidental take permit extension would 
cover the operation of all seven towers so that the applicant could 
reinstall and operate the meteorological towers without further 
amending the incidental take permit should additional wind data be 
needed. The applicant agreed to extend their Memorandum of 
Understanding with the State of Hawaii, which implemented the 
mitigation measures on behalf of the applicant, to ensure that the 
State continues to have access to manage and monitor the mitigation 
site for the full term of the incidental take permit. The

[[Page 76434]]

applicant also extended a Performance Bond secured to fund additional 
mitigation should it be required.

Preliminary Determination

    The Service has made a preliminary determination that the 
Biological Opinion, Environmental Assessment, Finding of No Significant 
Impact, and Set of Findings that were previously approved in support of 
issuance of the original incidental take permit do not require revision 
because there is no new information relating to the impacts of this 
action, no additional impacts expected beyond those originally 
assessed, the required mitigation actions have been implemented 
pursuant to the existing HCP, and no incidental take has been 
documented.

Authority

    This notice is provided pursuant to section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). The public 
process for the proposed Federal action will be completed after the 
public comment period, at which time we will evaluate the permit 
renewal application and comments submitted thereon to determine whether 
the application meets the requirements of section 10(a) of the ESA, 
applicable regulations, and NEPA requirements. If we determine that 
those requirements are met, we will renew the incidental take permit.

    Dated: October 28, 2011.
Richard R. Hannan,
Deputy Regional Director, Pacific Region, Portland, Oregon.
[FR Doc. 2011-31427 Filed 12-6-11; 8:45 am]
BILLING CODE 4310-55-P