Notice of Availability of Draft Habitat Conservation Plan; Receipt of Application for Incidental Take Permit; Enbridge Pipelines (Lakehead), L.L.C., 15374-15376 [2013-05524]

Download as PDF 15374 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Notices Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Contact Person: Eduardo A Montalvo, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5108, MSC 7852, Bethesda, MD 20892, (301) 435– 1168, montalve@csr.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: March 5, 2013. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2013–05510 Filed 3–8–13; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5447–C–01] Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants; Correction Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants; Correction. AGENCY: On October 19, 2010, HUD published the ‘‘Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants’’ (Unified NSP Notice) in the Federal Register, at 75 FR 64322. That notice provided unified program requirements for the NSP1 grantees and NSP3 grantees. The allocation formula, application process and program requirements for NSP1 grantees were originally published in an October 6, 2008 Federal Register Notice at 73 FR 58330 and amended by a June 19, 2009, April 9, 2010, and an August 27, 2010 Federal Register Notice at 74 FR 29223, 75 FR 18228 and 75 FR 52772, respectively. This notice is revising the Unified NSP Notice to include the provision of corrective action(s) or sanctions among HUD’s remedial actions for failure of NSP1 grantees to meet the four year expenditure requirement. FOR FURTHER INFORMATION CONTACT: Stanley Gimont, Director, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:19 Mar 08, 2013 Jkt 229001 Development, 451 Seventh Street SW., Room 7286, Washington, DC 20410, telephone number 202–708–3587 (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Relay Service at 800–877– 8339. FAX inquiries may be sent to Mr. Gimont at 202–401–2044. SUPPLEMENTARY INFORMATION: Program Background and Purpose The Neighborhood Stabilization Program (or NSP) was established by the Housing and Economic Recovery Act of 2008 (HERA) (Pub. L. 110–289, approved July 30, 2008), specifically Division B, Title III of HERA, for the purpose of stabilizing communities that have suffered from foreclosures and abandonment. HERA appropriated $3.92 billion to be made available to all states and selected local governments on a formula basis, commonly referred to as NSP1. The purpose of the funds awarded under NSP is to target the stabilization of neighborhoods negatively affected by properties that have been foreclosed upon and abandoned. The Unified NSP Notice provides further background for the program, the program principles, and the objectives and outcomes of the NSP program. NSP is a component of the CDBG program, authorized under Housing and Community Development Act of 1974 (HCD Act) (42 U.S.C. 5301 et seq.). Summary of Corrections M. Timeliness of Use and Expenditure of NSP Funds Background This notice is revising section II.M of the Unified NSP Notice to include providing for corrective action(s) or sanctions among HUD’s remedial actions for failure of NSP1 grantees to meet the 4 year expenditure requirement. As provided in the ‘‘Background’’ of section M of the Unified NSP Notice, HUD intended that recapture, corrective actions or sanctions be among the available remedies for all NSP grantees. However, two of these remedies were inadvertently omitted from the requirement. This revision adds the omitted language. Revised Requirement Section II.M.2 of the Unified NSP Notice is revised to read: Timely expenditure of NSP1 funds. The timely distribution or expenditure requirements of sections 24 CFR 570.494 and 570.902 are waived to the extent necessary to allow the following PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 alternative requirement: All NSP1 grantees must expend on eligible NSP activities an amount equal to or greater than the initial allocation of NSP1 funds within 4 years of receipt of those funds or HUD will recapture and reallocate the amount of funds not expended or provide for other corrective action(s) or sanction. Dated: March 1, 2013. Mark Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. 2013–05526 Filed 3–8–13; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R3–ES–2013–N051; FXES11130300000–134–FF03E00000] Notice of Availability of Draft Habitat Conservation Plan; Receipt of Application for Incidental Take Permit; Enbridge Pipelines (Lakehead), L.L.C. Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: We, the U.S. Fish and Wildlife Service (Service, USFWS), have received an application from Enbridge Pipelines (Lakehead) L.L.C. (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973 (ESA). If approved, the ITP would authorize incidental take of the federally endangered Hine’s Emerald Dragonfly (hereafter ‘‘HED’’). The applicant has prepared a low-effect habitat conservation plan (HCP) to cover activities associated with pipeline maintenance work in Garfield Township, Mackinac County, Michigan. We invite comments from the public on the application, which includes the loweffect HCP, which has been determined to be eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). DATES: To ensure consideration, please send your written comments on or before April 10, 2013. ADDRESSES: Send written comments via U.S. mail to the Field Supervisor, Attn: Barbara Hosler, U.S. Fish and Wildlife Service, 2651 Coolidge Road East, Ste. 101, Lansing, MI 48823. Phone: 517– 351–2555. Fax: 517–351–1443. TTY: 1– 800–877–8339, or by electronic mail to Barbara_Hosler@fws.gov. FOR FURTHER INFORMATION CONTACT: Barb Hosler, (517) 351–6326 SUPPLEMENTARY INFORMATION: We have received an application from Enbridge SUMMARY: E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Pipelines (Lakehead) L.L.C., Inc., for an incidental take permit (ITP) under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.; ESA). If approved, the ITP would authorize incidental take of the Hine’s Emerald Dragonfly (hereafter ‘‘HED’’; Somatochlora hineana). Under the ESA, we announce that we have gathered the information necessary to evaluate the application for permit issuance, including the HCP, which provides measures to minimize and mitigate the effects of the proposed incidental take of the HED. Background Pipeline maintenance work is planned by Enbridge Pipelines (Lakehead) L.L.C. (Enbridge) in Garfield Township, Mackinac County, Michigan. The purpose of the planned work is to inspect and, if necessary, repair three sections of Enbridge’s Line 5 (30-inch diameter) pipeline located in and adjacent to a tributary to O’Niel Creek and associated wetlands. The sections of pipe require excavation in order to complete. The proposed excavation is estimated to be 30 ft wide, 140 ft long, and up to 10 ft deep. The maintenance of the pipeline at the identified locations is being completed as required by the Department of Transportation (DOT) regulations in the Code of Federal Regulations (CFR) at 49 CFR Part 195.452 on Integrity Management. The proposed work is expected to take approximately 14 to 21 days to complete during winter months in early 2013, and will be initiated after the required permits are obtained. The permits will cover all activities associated with accessing the work site during winter, including excavation, pipeline inspection and repair, dewatering, temporary work area and spoil pile stock, backfilling excavation, and site restoration. The area included is 2.64 acres. The extent of direct impact by the project is 0.97 acres within the HCP boundary. Surveys have not been conducted for Hine’s Emerald Dragonfly at the project site. An Incidental Take Permit is being sought because potential habitat is present and will be impacted by the proposed project. Temporary impacts will result from winter excavation, dewatering, and backfilling, which may destroy overwintering dragonfly larvae. No impacts to adults, or adult foraging and breeding habitat, are anticipated. Based on population estimates of known populations within Michigan, the number of larvae within the 4,200 ft2 (390 m2) excavation footprint could be within the range of 156—328 larvae. VerDate Mar<15>2010 16:19 Mar 08, 2013 Jkt 229001 Assuming the worst-case impact using highest larval densities reported for Michigan, direct impact could be mortality of 328 larvae from winter-time excavation. The impact area of the excavation represents approximately 3.5 percent of the potential habitat at this site. If number of larvae in the habitat is proportional to the habitat area, the density estimate of 0.84 larvae/m2 yields an overall population estimate of over 9,300 larvae. The maximum estimated impact of 328 larvae represents 3.5 percent of this total. Upon completion of the work, the site will be restored and mulched. The stream bank will be reinforced with a biolog consisting of coconut fibers that have been compressed and stuffed into a netting. Biolog anchorage shall be in accordance with the manufacturer’s recommendations. The excavation will be mulched with weed-free mulch or an erosion control mat. The excavation area will be revegetated after soil thaw (May 1–June 1) with a wet meadow seed mixture comprised of regionally appropriate native species. Seeding will be done by hand or with a hand-held seeder. Compensatory mitigation will consist of a one-time payment of $12,000 to the National Fish and Wildlife Foundation (NFWF). The payment will be made at the time the incidental take permit is issued and will be earmarked for conservation programs to benefit Hine’s emerald dragonfly. Monitoring will be conducted during and after pipeline maintenance to document the extent of actual excavation and site restoration. No surveys are proposed for adult or larval dragonflies. Proposed Action Section 9 of the ESA prohibits the ‘‘taking’’ of threatened and endangered species. However, provided certain criteria are met, we are authorized to issue permits under section 10(a)(1)(B) of the ESA for take of federally listed species, when, among other things, such a taking is incidental to, and not the purpose of, otherwise lawful activities. Under the ESA, the term ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered and threatened species, or to attempt to engage in any such conduct. Our implementing regulations define ‘‘harm’’ as significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Harass, as defined, means ‘‘an intentional or negligent act or omission PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 15375 which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering’’ (50 CFR 17.3). However, under specified circumstances, the Service may issue permits that allow the take of federally listed species, provided that the take that occurs is incidental to, but not the purpose of, an otherwise lawful activity. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the Act contains provisions for issuing such incidental take permits to non-Federal entities for the take of endangered and threatened species, provided the following criteria are met: (1) The taking will be incidental; (2) The applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking; (3) The applicant will develop a proposed HCP and ensure that adequate funding for the HCP will be provided; (4) The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) The applicant will carry out any other measures that the Service may require as being necessary or appropriate for the purposes of the HCP. The applicant seeks an incidental take permit for proposed covered activities within a 2.64-acre permit area. The draft HCP analyzes take attributable to the applicant’s proposed activities. If issued, the ITP would authorize potential incidental take of HED consistent with the applicant’s HCP. To issue the permit, the Service must find that the application, including its HCP, satisfies the criteria of section 10(a)(1)(B) of the ESA and the Service’s implementing regulations at 50 CFR Part 13, 17.22, and 17.32. Reviewing Documents and Submitting Comments Please refer to the Enbridge HCP when submitting comments. The permit application and supporting documents (ITP application, HCP, EAS) may be obtained on the Internet at the following address: http://www.fws.gov/midwest/ endangered/permits/hcp/r3hcps.html. Persons without access to the Internet may obtain copies of the draft HCP and associated documents by contacting the Service office described under ADDRESSES, above. The draft document will also be available for public inspection, by appointment, during normal business hours (8 a.m. to 4 p.m.) at the office described under ADDRESSES above. E:\FR\FM\11MRN1.SGM 11MRN1 15376 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Notices Written comments will be accepted as described under ADDRESSES, above. Public Availability of Comments Written comments we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that the entire comment, including your personal identifying information, may be made 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. Authority We provide this notice under section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22), and NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6; 43 CFR part 46). Dated: March 4, 2013. Lynn Lewis, Assistant Regional Director, Ecological Services, Midwest Region. April 9, 2012 that it would conduct full reviews (77 FR 24221, April 23, 2012). Notice of the scheduling of the Commission’s reviews and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on May 30, 2012 (77 FR 31877) (schedule revised effective November 2, 2012 (77 FR 67395, November 9, 2012)). The hearing was held in Washington, DC, on January 9, 2013, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these reviews to the Secretary of Commerce on March 5, 2013. The views of the Commission are contained in USITC Publication 4388 (March 2013), entitled CorrosionResistant Carbon Steel Flat Products from Germany and Korea: Investigation Nos. 701–TA–350 and 731–TA–616 and 618 (Third Review). Issued: March 5, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–05524 Filed 3–8–13; 8:45 am] BILLING CODE 4310–55–P [FR Doc. 2013–05536 Filed 3–8–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION DEPARTMENT OF JUSTICE [Investigation Nos. 701–TA–350 and 731– TA–616 and 618 (Third Review)] Determinations: Corrosion-Resistant Carbon Steel Flat Products From Germany and Korea mstockstill on DSK4VPTVN1PROD with NOTICES On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), that revocation of the countervailing duty order on corrosion-resistant carbon steel flat products from Korea and the antidumping duty orders on corrosionresistant carbon steel flat products from Germany and Korea would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on January 3, 2012 (77 FR 301, January 4, 2012) and determined on 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Mar<15>2010 16:19 Mar 08, 2013 Jkt 229001 Notice of Lodging of Proposed Consent Decree Amendment Under the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act; the Emergency Planning and Community Right-To-Know Act; and the Comprehensive Environmental Response, Compensation and Liability Act On March 4, 2013, the Department of Justice lodged with the United States District Court for the Eastern District of Missouri a proposed First Amendment to the Consent Decree in the lawsuit entitled United States v. The Doe Run Resources Corporation, et al., Civil Action No. 4:10-cv-1895–JCH. The Consent Decree, entered by the Court on December 21, 2011 (Dkt. Item No. 116), resolved a joint multimedia action by the United States and the State of Missouri against The Doe Run Resources Corporation, The Doe Run Resources Corporation d/b/a The Doe Run Company, and The Buick Resource Recycling Facility, LLC, (collectively ‘‘Doe Run’’) for violations of the Clean Air Act, the Resource Conservation and Recovery Act, the Clean Water Act, the PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 Emergency Planning and Community Right-to-Know Act, the Comprehensive Environmental Response, Compensation, and Liability Act, and Missouri law at several mining, milling and smelting operations located in Missouri. The Consent Decree required Doe Run to perform injunctive relief and mitigation projects and to pay a $7 million civil penalty. The Consent Decree also required Doe Run to cease certain operations at the Herculaneum Lead Smelter Facility by December 31, 2013. In the interim, the Consent Decree imposed certain limits on the smelter’s operation. The proposed Amendment would temporarily increase the Herculaneum Lead Smelter Facility 12month rolling average limit for SO2 emissions and the 12-month rolling average limit for lead production for three months in 2013. To offset this temporary increase, the proposed Amendment requires Doe Run to lower the 12-month rolling SO2 emission limit for five months in 2013 to ensure an overall net reduction in SO2 emissions for 2013. The Amendment does not allow Doe Run to produce more lead at the Herculaneum Lead Smelter Facility for calendar year 2013 than it otherwise would under the original Consent Decree. In addition, the Amendment does not change the short-term lead production limit or the short-term SO2 emission limits for the Herculaneum Lead Smelter Facility set forth in the Consent Decree. The publication of this notice opens a period for public comment on the First Amendment to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. The Doe Run Resources Corporation, et al., Civil Action No. 4:10–cv–1895, D.J. Ref. No. 90–5–2–1– 07390/1. All comments must be submitted no later than fifteen (15) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ..... During the public comment period, the First Amendment to the Consent Decree may be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Notices]
[Pages 15374-15376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05524]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2013-N051; FXES11130300000-134-FF03E00000]


Notice of Availability of Draft Habitat Conservation Plan; 
Receipt of Application for Incidental Take Permit; Enbridge Pipelines 
(Lakehead), L.L.C.

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service, USFWS), have 
received an application from Enbridge Pipelines (Lakehead) L.L.C. 
(applicant), for an incidental take permit (ITP) under the Endangered 
Species Act of 1973 (ESA). If approved, the ITP would authorize 
incidental take of the federally endangered Hine's Emerald Dragonfly 
(hereafter ``HED''). The applicant has prepared a low-effect habitat 
conservation plan (HCP) to cover activities associated with pipeline 
maintenance work in Garfield Township, Mackinac County, Michigan. We 
invite comments from the public on the application, which includes the 
low-effect HCP, which has been determined to be eligible for a 
Categorical Exclusion under the National Environmental Policy Act of 
1969, as amended (NEPA).

DATES: To ensure consideration, please send your written comments on or 
before April 10, 2013.

ADDRESSES: Send written comments via U.S. mail to the Field Supervisor, 
Attn: Barbara Hosler, U.S. Fish and Wildlife Service, 2651 Coolidge 
Road East, Ste. 101, Lansing, MI 48823. Phone: 517-351-2555. Fax: 517-
351-1443. TTY: 1-800-877-8339, or by electronic mail to Barbara_Hosler@fws.gov.

FOR FURTHER INFORMATION CONTACT: Barb Hosler, (517) 351-6326

SUPPLEMENTARY INFORMATION: We have received an application from 
Enbridge

[[Page 15375]]

Pipelines (Lakehead) L.L.C., Inc., for an incidental take permit (ITP) 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.; ESA). 
If approved, the ITP would authorize incidental take of the Hine's 
Emerald Dragonfly (hereafter ``HED''; Somatochlora hineana).
    Under the ESA, we announce that we have gathered the information 
necessary to evaluate the application for permit issuance, including 
the HCP, which provides measures to minimize and mitigate the effects 
of the proposed incidental take of the HED.

Background

    Pipeline maintenance work is planned by Enbridge Pipelines 
(Lakehead) L.L.C. (Enbridge) in Garfield Township, Mackinac County, 
Michigan. The purpose of the planned work is to inspect and, if 
necessary, repair three sections of Enbridge's Line 5 (30-inch 
diameter) pipeline located in and adjacent to a tributary to O'Niel 
Creek and associated wetlands. The sections of pipe require excavation 
in order to complete. The proposed excavation is estimated to be 30 ft 
wide, 140 ft long, and up to 10 ft deep.
    The maintenance of the pipeline at the identified locations is 
being completed as required by the Department of Transportation (DOT) 
regulations in the Code of Federal Regulations (CFR) at 49 CFR Part 
195.452 on Integrity Management. The proposed work is expected to take 
approximately 14 to 21 days to complete during winter months in early 
2013, and will be initiated after the required permits are obtained. 
The permits will cover all activities associated with accessing the 
work site during winter, including excavation, pipeline inspection and 
repair, dewatering, temporary work area and spoil pile stock, 
backfilling excavation, and site restoration. The area included is 2.64 
acres. The extent of direct impact by the project is 0.97 acres within 
the HCP boundary.
    Surveys have not been conducted for Hine's Emerald Dragonfly at the 
project site. An Incidental Take Permit is being sought because 
potential habitat is present and will be impacted by the proposed 
project. Temporary impacts will result from winter excavation, 
dewatering, and backfilling, which may destroy overwintering dragonfly 
larvae. No impacts to adults, or adult foraging and breeding habitat, 
are anticipated.
    Based on population estimates of known populations within Michigan, 
the number of larvae within the 4,200 ft\2\ (390 m\2\) excavation 
footprint could be within the range of 156--328 larvae. Assuming the 
worst-case impact using highest larval densities reported for Michigan, 
direct impact could be mortality of 328 larvae from winter-time 
excavation. The impact area of the excavation represents approximately 
3.5 percent of the potential habitat at this site. If number of larvae 
in the habitat is proportional to the habitat area, the density 
estimate of 0.84 larvae/m\2\ yields an overall population estimate of 
over 9,300 larvae. The maximum estimated impact of 328 larvae 
represents 3.5 percent of this total.
    Upon completion of the work, the site will be restored and mulched. 
The stream bank will be reinforced with a biolog consisting of coconut 
fibers that have been compressed and stuffed into a netting. Biolog 
anchorage shall be in accordance with the manufacturer's 
recommendations. The excavation will be mulched with weed-free mulch or 
an erosion control mat. The excavation area will be revegetated after 
soil thaw (May 1-June 1) with a wet meadow seed mixture comprised of 
regionally appropriate native species. Seeding will be done by hand or 
with a hand-held seeder.
    Compensatory mitigation will consist of a one-time payment of 
$12,000 to the National Fish and Wildlife Foundation (NFWF). The 
payment will be made at the time the incidental take permit is issued 
and will be earmarked for conservation programs to benefit Hine's 
emerald dragonfly.
    Monitoring will be conducted during and after pipeline maintenance 
to document the extent of actual excavation and site restoration. No 
surveys are proposed for adult or larval dragonflies.

Proposed Action

    Section 9 of the ESA prohibits the ``taking'' of threatened and 
endangered species. However, provided certain criteria are met, we are 
authorized to issue permits under section 10(a)(1)(B) of the ESA for 
take of federally listed species, when, among other things, such a 
taking is incidental to, and not the purpose of, otherwise lawful 
activities. Under the ESA, the term ``take'' means to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered 
and threatened species, or to attempt to engage in any such conduct. 
Our implementing regulations define ``harm'' as significant habitat 
modification or degradation that results in death or injury to listed 
species by significantly impairing essential behavioral patterns, 
including breeding, feeding, or sheltering (50 CFR 17.3). Harass, as 
defined, means ``an intentional or negligent act or omission which 
creates the likelihood of injury to wildlife by annoying it to such an 
extent as to significantly disrupt normal behavioral patterns which 
include, but are not limited to, breeding, feeding, or sheltering'' (50 
CFR 17.3). However, under specified circumstances, the Service may 
issue permits that allow the take of federally listed species, provided 
that the take that occurs is incidental to, but not the purpose of, an 
otherwise lawful activity.
    Regulations governing permits for endangered and threatened species 
are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the 
Act contains provisions for issuing such incidental take permits to 
non-Federal entities for the take of endangered and threatened species, 
provided the following criteria are met: (1) The taking will be 
incidental; (2) The applicant will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking; (3) The applicant will 
develop a proposed HCP and ensure that adequate funding for the HCP 
will be provided; (4) The taking will not appreciably reduce the 
likelihood of the survival and recovery of the species in the wild; and 
(5) The applicant will carry out any other measures that the Service 
may require as being necessary or appropriate for the purposes of the 
HCP.
    The applicant seeks an incidental take permit for proposed covered 
activities within a 2.64-acre permit area. The draft HCP analyzes take 
attributable to the applicant's proposed activities. If issued, the ITP 
would authorize potential incidental take of HED consistent with the 
applicant's HCP. To issue the permit, the Service must find that the 
application, including its HCP, satisfies the criteria of section 
10(a)(1)(B) of the ESA and the Service's implementing regulations at 50 
CFR Part 13, 17.22, and 17.32.

Reviewing Documents and Submitting Comments

    Please refer to the Enbridge HCP when submitting comments. The 
permit application and supporting documents (ITP application, HCP, EAS) 
may be obtained on the Internet at the following address: http://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
    Persons without access to the Internet may obtain copies of the 
draft HCP and associated documents by contacting the Service office 
described under ADDRESSES, above. The draft document will also be 
available for public inspection, by appointment, during normal business 
hours (8 a.m. to 4 p.m.) at the office described under ADDRESSES above.

[[Page 15376]]

    Written comments will be accepted as described under ADDRESSES, 
above.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that the entire comment, including 
your personal identifying information, may be made 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.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and NEPA 
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6; 43 CFR part 46).

    Dated: March 4, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2013-05524 Filed 3-8-13; 8:45 am]
BILLING CODE 4310-55-P