Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Indiana Bat (Myotis Sodalis) and Northern Long-Eared Bat (Myotis Septentrionalis) at the Copenhagen Wind Farm, Jefferson and Lewis Counties, New York; and Draft Environmental Assessment, 67473-67474 [2019-26491]

Download as PDF Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices jbell on DSKJLSW7X2PROD with NOTICES Survey Data Used To Produce AAFs The rent inflation factor and fuel and utilities inflation factor for each large metropolitan area and Census region are based, respectively, on changes in the CPI index for rent of primary residence and the CPI index for fuels and utilities from 2017 to 2018. The CEX data used to decompose the contract rent inflation factor into gross rent and shelter rent inflation factors come from a special tabulation of 2018 CEX survey data produced for HUD. The utility-to-rent ratio used to produce AAFs comes from 2017 ACS median rent and utility costs. Geographic Areas Beginning with the data collection for 2018, BLS revised the sample for the CPI to be based on Core Based Statistical Areas (CBSAs). Previously the sample was based on Metropolitan Statistical Areas (MSAs) as defined in 1998. In addition, the population required to be designated a Class A CPI city was increased from 1.5 million to 2.5 million. The following major metropolitan areas were eliminated under the new sample design: Pittsburgh PA, Cincinnati-Hamilton OH–KY–IN, Cleveland-Akron OH, Milwaukee-Racine WI, Kansas City MO– KS, and Portland-Salem OR–WA. There are now 23 major metropolitan areas (excluding Puerto Rico, which is unchanged) with local CPI data, down from 28 last year (Riverside-San Bernardino has been split off from the Los Angeles survey area). This decline has resulted in fewer metropolitan component areas receiving local CPI adjustments, down to 70 metropolitan areas and subareas (HUD Metro FMR Areas) from 124 metropolitan and nonmetropolitan areas. There are no longer any nonmetropolitan areas using local CPI inflation factors (except for Puerto Rico). Each metropolitan area that uses a local CPI update factor is listed alphabetically in the tables and each HUD Metro FMR Area (HMFA) is listed alphabetically within its respective CBSA. Each AAF applies to a specific geographic area and to units of all bedroom sizes. AAFs are provided: • For metropolitan areas at the MSA or HMFA level. • For the four Census Regions (to be used for those metropolitan areas that are not covered by a CPI city-survey and non-metropolitan areas). AAFs use the same OMB metropolitan area definitions, as revised by HUD, that are used for the FY 2020 FMRs. Area Definitions To make certain that they are using the correct AAFs, users should refer to VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 the Area Definitions Table section at http://www.huduser.gov/portal/ datasets/aaf.html. The Area Definitions Table lists CPI areas in alphabetical order by state, and the associated Census region is shown next to each state name. Areas whose AAFs are determined by local CPI surveys are listed first. All metropolitan areas with local CPI surveys have separate AAF schedules and are shown with their corresponding county definitions or as metropolitan counties. In the six New England states, the listings are for counties or parts of counties as defined by towns or cities. The remaining counties use the CPI for the Census Region and are not separately listed in the Area Definitions Table at http:// www.huduser.gov/portal/datasets/ aaf.html. Puerto Rico uses its own AAFs calculated from the Puerto Rico CPI as adjusted by the PRCS, the Virgin Islands uses the South Region AAFs and the Pacific Islands uses the West Region AAFs. Dated: November 26, 2019. Seth D. Appleton, Assistant Secretary for Policy Development and Research. [FR Doc. 2019–26426 Filed 12–9–19; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R5–ES–2014–0050; FXES111X0500000–XXX–FF05E00000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Indiana Bat (Myotis Sodalis) and Northern LongEared Bat (Myotis Septentrionalis) at the Copenhagen Wind Farm, Jefferson and Lewis Counties, New York; and Draft Environmental Assessment Fish and Wildlife Service, Interior. ACTION: Notice of availability of documents; request for comment and information. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the receipt of an application from Copenhagen Wind Farm, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act (ESA). The applicant requests the ITP for take of the federally endangered Indiana bat and threatened northern long-eared bat incidental to otherwise lawful activities associated with operation of its Copenhagen Wind Farm, SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 67473 a 40-turbine wind farm that has been constructed in Jefferson and Lewis Counties, New York. The applicant proposes a conservation program to minimize and mitigate for the unavoidable incidental take as described in its Indiana Bat and Northern Long-eared Bat Habitat Conservation Plan for the Copenhagen Wind Farm, Lewis and Jefferson Counties, New York (HCP). We request public comment on the application, which includes the applicant’s proposed HCP, and the Service’s draft environmental assessment, prepared pursuant to the National Environmental Policy Act. We provide this notice to seek comments from the public and Federal, Tribal, State, and local governments. DATES: We will accept comments received or postmarked on or before January 9, 2020. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES) must be received by 11:59 p.m. Eastern Standard Time on the closing date. ADDRESSES: Obtaining documents: • Internet: You may obtain copies of the application including the HCP and draft environmental assessment (EA) on the internet at the New York Ecological Services Field Office’s website at https://www.fws.gov/northeast/nyfo/ or at http://www.regulations.gov at Docket No. FWS–R5–ES–2014–0050. • In-person: Documents are available for public inspection by appointment during regular business hours at the New York Ecological Services Field Office, 3817 Luker Road, Cortland, NY 13045. Call 607–753–49334 to make an appointment. Submitting Comments: If you wish to submit comments on any of the documents, you may do so by one of the following methods. Please reference Docket Number FWS–R5–ES–2014– 0050 in all comments. For additional guidance on submitting comments, please see Public Comments under SUPPLEMENTARY INFORMATION. • Electronically: Go to the Federal eRulemaking Portal website at: http:// www.regulations.gov. In the Search box, enter FWS–R5–2014–0050, which is the docket number for this notice. Click on the appropriate link to locate this document and submit a comment. • By hard copy: You may submit by mail or hand-delivery to Public Comments Processing, Attn: Docket No. FWS–R5–ES–2014–0050, New York Ecological Services Field Office, U.S. Fish and Wildlife Service, 3817 Luker Road, Cortland, NY 13045. We request that you send comments by only the methods described above. E:\FR\FM\10DEN1.SGM 10DEN1 67474 Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices National Environmental Policy Act FOR FURTHER INFORMATION CONTACT: Robyn Niver, by mail at New York Ecological Services Field Office, U.S. Fish and Wildlife Service, 3817 Luker Road, Cortland, NY 13045; or by phone at 607–753–9334. SUPPLEMENTARY INFORMATION: Background Section 9 of the Endangered Species Act of 1973, as amended (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 endangered and threatened species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. jbell on DSKJLSW7X2PROD with NOTICES Applicant’s Proposed Project The applicant requests a 25-year ITP to take the federally endangered Indiana bat (Myotis sodalis) and threatened northern long-eared bat (Myotis septentrionalis). The applicant determined that unavoidable take is reasonably certain to occur incidental to operation of 40 previously constructed wind turbines. The proposed conservation strategy in the applicant’s proposed HCP is designed to avoid, minimize, and mitigate the impacts of the covered activity on the covered species. The biological goals and objectives are to minimize potential take of Indiana bats and northern long-eared bats through onsite minimization measures and to provide habitat conservation measures for Indiana bats and northern long-eared bats to offset any unavoidable impacts from operations of the project. The HCP provides onsite avoidance and minimization measures, which include turbine operational adjustments. The estimated level of take from the project is 4 Indiana bats and 16 northern longeared bats over the 25-year project duration. To offset the impacts of the unavoidable taking of Indiana bats and northern long-eared bats, the applicant proposes to protect a high priority winter hibernaculum by installing a gate. VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 The issuance of an ITP is a Federal action that triggers the need for compliance with NEPA (42 U.S.C. 4321 et seq.). We prepared a draft EA that analyzes the environmental impacts on the human environment resulting from three alternatives: A no-action alternative, the proposed action, and an alternative consisting of feathering below the manufacturer’s cut-in wind speed. The Service will evaluate the application and the comments received 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 conduct an intraService consultation pursuant to section 7 of the ESA to evaluate the effects of the proposed take. After considering the above findings, we will determine whether the permit issuance criteria of section 10(a)(l)(B) of the ESA have been met. If met, the Service will issue the requested ITP to the applicant. Public Comments The Service invites the public to comment on the proposed HCP and draft EA during a 30-day public comment period (see DATES). You may submit comments by one of the methods shown under ADDRESSES. Public Availability of Comments We will post on http://regulations.gov all public comments and information received electronically or via hardcopy. All comments received, including names and addresses, will become part of the administrative 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 your entire comment—including your personal identifying information—may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Authority The Service provides this notice under section 10(c) (16 U.S.C. 1539(c)) Frm 00052 Glenn S. Smith, Acting Assistant Regional Director, Ecological Services, North Atlantic-Appalachian Region. [FR Doc. 2019–26491 Filed 12–9–19; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO430000 L12200000.PM0000; OMB Control Number 1004–0119] Next Steps PO 00000 of the ESA and NEPA regulation 40 CFR 1506.6. Fmt 4703 Sfmt 4703 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Permits for Recreation on Public Lands Bureau of Land Management, Interior. ACTION: Notice of information collection; request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection. SUMMARY: Interested persons are invited to submit comments on or before January 9, 2020. ADDRESSES: Send written comments on this information collection request (ICR) to the Office of Management and Budget’s Desk Officer for the Department of the Interior by email at OIRA_submission@omb.eop.gov; or via facsimile to (202) 395–5806. Please provide a copy of your comments to the BLM at U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Washington, DC 20240, Attention: Jean Sonneman, or by email to jesonneman@blm.gov. Please reference OMB Control Number 1004–0119 in the subject line of your comments. DATES: To request additional information about this ICR, contact David Ballenger by email at dballeng@blm.gov, or by telephone at 202–912–7642. You may also view the ICR at http:// www.reginfo.gov/public/do/PRAMain. Persons who use a telecommunication device for the deaf may call the Federal Relay Service at 1–800–877–8339, to leave a message for Mr. Ballenger. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, the BLM provides the general public and other Federal agencies with an opportunity to comment on new, proposed, revised and FOR FURTHER INFORMATION CONTACT: E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67473-67474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26491]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-ES-2014-0050; FXES111X0500000-XXX-FF05E00000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for Indiana Bat (Myotis Sodalis) and Northern 
Long-Eared Bat (Myotis Septentrionalis) at the Copenhagen Wind Farm, 
Jefferson and Lewis Counties, New York; and Draft Environmental 
Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of documents; request for comment and 
information.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
receipt of an application from Copenhagen Wind Farm, LLC (applicant), 
for an incidental take permit (ITP) under the Endangered Species Act 
(ESA). The applicant requests the ITP for take of the federally 
endangered Indiana bat and threatened northern long-eared bat 
incidental to otherwise lawful activities associated with operation of 
its Copenhagen Wind Farm, a 40-turbine wind farm that has been 
constructed in Jefferson and Lewis Counties, New York. The applicant 
proposes a conservation program to minimize and mitigate for the 
unavoidable incidental take as described in its Indiana Bat and 
Northern Long-eared Bat Habitat Conservation Plan for the Copenhagen 
Wind Farm, Lewis and Jefferson Counties, New York (HCP). We request 
public comment on the application, which includes the applicant's 
proposed HCP, and the Service's draft environmental assessment, 
prepared pursuant to the National Environmental Policy Act. We provide 
this notice to seek comments from the public and Federal, Tribal, 
State, and local governments.

DATES: We will accept comments received or postmarked on or before 
January 9, 2020. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES) must be received by 11:59 p.m. 
Eastern Standard Time on the closing date.

ADDRESSES: Obtaining documents:
     Internet: You may obtain copies of the application 
including the HCP and draft environmental assessment (EA) on the 
internet at the New York Ecological Services Field Office's website at 
https://www.fws.gov/northeast/nyfo/ or at http://www.regulations.gov at 
Docket No. FWS-R5-ES-2014-0050.
     In-person: Documents are available for public inspection 
by appointment during regular business hours at the New York Ecological 
Services Field Office, 3817 Luker Road, Cortland, NY 13045. Call 607-
753-49334 to make an appointment.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so by one of the following methods. Please 
reference Docket Number FWS-R5-ES-2014-0050 in all comments. For 
additional guidance on submitting comments, please see Public Comments 
under SUPPLEMENTARY INFORMATION.
     Electronically: Go to the Federal eRulemaking Portal 
website at: http://www.regulations.gov. In the Search box, enter FWS-
R5-2014-0050, which is the docket number for this notice. Click on the 
appropriate link to locate this document and submit a comment.
     By hard copy: You may submit by mail or hand-delivery to 
Public Comments Processing, Attn: Docket No. FWS-R5-ES-2014-0050, New 
York Ecological Services Field Office, U.S. Fish and Wildlife Service, 
3817 Luker Road, Cortland, NY 13045. We request that you send comments 
by only the methods described above.

[[Page 67474]]


FOR FURTHER INFORMATION CONTACT: Robyn Niver, by mail at New York 
Ecological Services Field Office, U.S. Fish and Wildlife Service, 3817 
Luker Road, Cortland, NY 13045; or by phone at 607-753-9334.

SUPPLEMENTARY INFORMATION: 

Background

    Section 9 of the Endangered Species Act of 1973, as amended (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 endangered and threatened species, respectively, are found 
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.

Applicant's Proposed Project

    The applicant requests a 25-year ITP to take the federally 
endangered Indiana bat (Myotis sodalis) and threatened northern long-
eared bat (Myotis septentrionalis). The applicant determined that 
unavoidable take is reasonably certain to occur incidental to operation 
of 40 previously constructed wind turbines. The proposed conservation 
strategy in the applicant's proposed HCP is designed to avoid, 
minimize, and mitigate the impacts of the covered activity on the 
covered species. The biological goals and objectives are to minimize 
potential take of Indiana bats and northern long-eared bats through 
onsite minimization measures and to provide habitat conservation 
measures for Indiana bats and northern long-eared bats to offset any 
unavoidable impacts from operations of the project. The HCP provides 
onsite avoidance and minimization measures, which include turbine 
operational adjustments. The estimated level of take from the project 
is 4 Indiana bats and 16 northern long-eared bats over the 25-year 
project duration. To offset the impacts of the unavoidable taking of 
Indiana bats and northern long-eared bats, the applicant proposes to 
protect a high priority winter hibernaculum by installing a gate.

National Environmental Policy Act

    The issuance of an ITP is a Federal action that triggers the need 
for compliance with NEPA (42 U.S.C. 4321 et seq.). We prepared a draft 
EA that analyzes the environmental impacts on the human environment 
resulting from three alternatives: A no-action alternative, the 
proposed action, and an alternative consisting of feathering below the 
manufacturer's cut-in wind speed.

Next Steps

    The Service will evaluate the application and the comments received 
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 conduct 
an intra-Service consultation pursuant to section 7 of the ESA to 
evaluate the effects of the proposed take. After considering the above 
findings, we will determine whether the permit issuance criteria of 
section 10(a)(l)(B) of the ESA have been met. If met, the Service will 
issue the requested ITP to the applicant.

Public Comments

    The Service invites the public to comment on the proposed HCP and 
draft EA during a 30-day public comment period (see DATES). You may 
submit comments by one of the methods shown under ADDRESSES.

Public Availability of Comments

    We will post on http://regulations.gov all public comments and 
information received electronically or via hardcopy. All comments 
received, including names and addresses, will become part of the 
administrative 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 your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can request in your 
comment that we withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety.

Authority

    The Service provides this notice under section 10(c) (16 U.S.C. 
1539(c)) of the ESA and NEPA regulation 40 CFR 1506.6.

Glenn S. Smith,
Acting Assistant Regional Director, Ecological Services, North 
Atlantic-Appalachian Region.
[FR Doc. 2019-26491 Filed 12-9-19; 8:45 am]
 BILLING CODE 4333-15-P