Endangered Species; File No. 23148, 42359-42360 [2020-15140]
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Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices
Dated: July 8, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–15105 Filed 7–13–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA276]
Endangered Species; File No. 23148
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that
NMFS has issued an Incidental Take
Permit (ITP) (No. 23148) to Exelon
Generating Company, LLC, pursuant to
the Endangered Species Act (ESA) of
1973, as amended, for the incidental
take of shortnose (Acipenser
brevirostrum) and Atlantic (Acipenser
oxyrinchus) sturgeon associated with
the otherwise lawful operation of the
Eddystone Generating Station in
Eddystone, PA. The permit is issued for
a duration of 10 years.
ADDRESSES: The incidental take permit,
final environmental assessment, and
other related documents are available on
the NMFS Office of Protected Resources
website at https://
www.fisheries.noaa.gov/action/
incidental-take-permit-eddystonegenerating-station.
FOR FURTHER INFORMATION CONTACT:
Celeste Stout, phone: (301) 427–8436;
email: Celeste.Stout@noaa.gov.
SUPPLEMENTARY INFORMATION: Section 9
of the ESA and Federal regulations
prohibits the ‘taking’ of a species listed
as endangered or threatened. The ESA
defines ‘‘take’’ to mean harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct. NMFS may
issue permits, under limited
circumstances to take listed species
when the takes are incidental to, and
not the purpose of, otherwise lawful
activities. Section 10(a)(1)(B) of the ESA
provides for authorizing incidental take
of listed species. The regulations for
issuing incidental take permits for
threatened and endangered species are
promulgated at 50 CFR 222.307.
SUMMARY:
Background
Exelon Generating Company, LLC,
owns Eddystone Generating Station (the
VerDate Sep<11>2014
17:58 Jul 13, 2020
Jkt 250001
facility), a natural gas/fuel oil-fired
electric power generating facility that
operates as a peaking plant, (i.e.,
typically running at higher levels of
generation capacity during the summer
and winter periods). The facility is
located at 1 Industrial Highway
Eddystone, PA 19022. The facility
presently consists of two natural gas/
fuel oil-fired electric generating units
that are steam-electric generators.
Cooling water for each unit is
withdrawn from the Delaware River
through a cooling water intake structure
(CWIS), which is located along the west
shore of the River, directly in front of
the facility. Exelon conducted
entrainment sampling at the facility in
2005–2006, 2016, and 2017. One
Atlantic sturgeon yolk-sac larva was
collected in May 2017. Thus, Exelon
determined it was necessary to apply for
an ITP in accordance with the
requirements under Section 10(a)(1)(B)
of the ESA.
NMFS received a draft permit
application from Exelon on June 28,
2018. Based on our review of the draft
application, we requested further
information and clarification. On
December 21, 2018, Exelon submitted
an application. Based on review of the
updated application, NMFS and Exelon
held further discussions regarding what
needed to be incorporated in the
Conservation Plan. On June 21, 2019,
Exelon submitted a revised application
and Conservation Plan. This application
was considered complete and on July
16, 2019, NMFS published a notice of
receipt of the Exelon application for the
Eddystone facility in the Federal
Register (84 FR 33924). The comment
period ended on August 15, 2019. No
comments were received. An additional
notice was published in the Federal
Register (84 FR 65970) and was
published on December 2, 2019 to allow
other agencies and the public the
opportunity to review and comment on
the draft Environmental Assessment
(EA). The comment period closed on
January 2, 2020. Two comments were
received on the EA. One commenter was
opposed to the killing of any sturgeon.
This is not consistent with the ESA,
which allows for the incidental take of
listed species if certain criteria are met
and a permit is issued by NMFS. The
other commenter seemed confused
regarding the requirements of the ITP
and advised the Agency to select the no
action alternative in the draft EA, so that
Eddystone could continue to monitor
interactions with sturgeon. However, it
is the issuance of the ITP that will
require Eddystone to monitor
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Fmt 4703
Sfmt 4703
42359
interactions with sturgeon, not the no
action alternative.
Conservation Plan
Section 10 of the ESA specifies that
no permit may be issued unless an
applicant submits an adequate
conservation plan. The conservation
plan prepared by Exelon Generation
Company, LLC, describes measures to
monitor, minimize and mitigate the
impacts of incidental takes of ESA-listed
shortnose and Atlantic sturgeon. To
avoid and minimize take of sturgeon,
Exelon will only operate Eddystone’s
circulating water pumps (CWPs): When
the station is generating electricity; for
incidental maintenance or testing
(generally once per month) (referred to
collectively as ‘‘Essential Station
Operations’’); or as required by a
governmental agency or other entity
with jurisdiction to require operations.
Depending on station generation and
ambient water temperatures, Exelon will
also limit operations to one CWP per
unit when possible. In addition, Exelon
will rely on the river water pumps
(RWPs), which intakes less water than
Eddystone’s other CWP, to provide
cooling water for other critical station
operations outside of Essential Station
Operations. These measures will avoid
and minimize the incidental take of
sturgeon due to entrainment or
impingement by eliminating or reducing
water withdrawals at times when such
withdrawals are not specifically
required for Essential Station
Operations or for governmental agencymandated use. Additionally, Exelon will
make all reasonable efforts to schedule
fuel oil deliveries outside March 15–
July 15. Continued monitoring related to
the take of shortnose and Atlantic
sturgeon will be ongoing and funding
will be provided through the facility’s
annual operating budget.
Permit 23148
NMFS authorizes the following lethal
incidental takes:
New York Bight DPS Atlantic Sturgeon
Vessel Strike: 1 sub-adult/adult over
10 years.
Entrainment: 27,000 larvae per year,
which is equivalent to 2 age-1
equivalents per year.
Impingement: 5 young of the year
(YOY)/sub-adults per year.
Total: 1 sub-adult/adult, 270,000
larvae, and 50 YOY/sub-adults over 10
years.
Shortnose Sturgeon
Impingement: 5 YOY/sub-adults per
year.
E:\FR\FM\14JYN1.SGM
14JYN1
42360
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices
Total: 50 YOY/sub-adults over 10
years.
The first 3-years of monitoring data
collected under the permit will be
analyzed to verify the requested total
annual incidental take. As data are
gathered and analyzed through
monitoring, NMFS may amend the
permit to reflect any changes in the take
estimate, if appropriate.
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B)
permit constitutes a Federal action
requiring NMFS to comply with the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.) as
implemented by 40 CFR parts 1500–
1508 and NOAA Administrative Order
216–6, Environmental Review
Procedures for Implementing the
National Policy Act (1999). NMFS
prepared an EA to consider a range of
reasonable alternatives and fully
evaluate the direct, indirect, and
cumulative impacts likely to result from
the authorization of this permit. NMFS
found that issuing the ITP would have
no significant impacts on the quality of
the environment.
Dated: July 9, 2020.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–15140 Filed 7–13–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Davidson Fellowship
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
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collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on April 2,
2020, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
VerDate Sep<11>2014
17:58 Jul 13, 2020
Jkt 250001
Agency: National Oceanic and
Atmospheric Administration.
Title: Davidson Fellowship.
OMB Control Number: 0648–XXXX.
Form Number(s): None.
Type of Request: Regular submission,
new information collection.
Number of Respondents: 519.
Average Hours per Response: 8
minutes per survey.
Total Annual Burden Hours: 25
hours.
Needs and Uses: The Office for
Coastal Management (OCM) in the
National Ocean Service, National
Oceanic and Atmospheric
Administration, Department of
Commerce is funding a new, two-year
fellowship program called the ‘‘FY20–
21 Margaret A. Davidson Graduate
Fellowship for the National Estuarine
Research Reserve System’’ (Davidson
Fellowship). Funding is being made
available through a competitive process
to master’s and doctoral students
actively enrolled in a graduate program
at an accredited university, through the
use of a cooperative agreement to the
university. The goals of the Davidson
Fellowship are to build the next
generation of leaders in estuarine
science and coastal management by
affording qualified graduate students the
opportunity to conduct collaborative
science within the National Estuarine
Research Reserve System; partake in
professional development opportunities;
and receive mentoring to support
professional growth.
The National Estuarine Research
Reserve System is a national program
administered by the Office for Coastal
Management. The National Estuarine
Reserve System has an interest in
balancing the needs of the natural
environment and coastal economies and
is one of the primary programs
responsible for implementing the
Coastal Zone Management Act. All
Davidson Fellowship projects must be
conducted in a research reserve and
should be designed to contribute to one
of the reserve’s priority management
areas, and thus enhance the scientific
understanding of the natural or social
science aspects of the research subject
matter. One fellow was selected in
Spring 2020 for each of the 29 reserves
for a two-year duration. Mentoring and
professional development activities will
be provided to build knowledge and
skills needed to successfully contribute
to the workforce responsible for the
coast. These opportunities are also
designed to create a strong network
among the fellows during their tenure
and into the early portion of their
careers.
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Fmt 4703
Sfmt 4703
The purpose of this information
collection is to gather information on
the effectiveness of the Davidson
Fellowship program in reaching the
desired outcomes, so that we can
adaptively manage and make
continuous improvements to the
program. This information collection
will take place initially in Fall 2020, as
the first cohort of fellows begins their
program, and will gather information
from selected fellows, their faculty
advisors, contacts from each university’s
sponsored program office, reserve staff,
and NOAA federal and contract staff
supporting the Davidson Fellowship
program. It will take place again in Fall
2022, as the second cohort of fellows
begins their program and the first cohort
of fellows finishes, and will gather
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university’s sponsored program office,
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Fellowship program.
More information on the fellowship
can be found at this link: Davidson
Fellowship website.
Affected Public: Not-for-profit
institutions; State government; Federal
government.
Frequency: Incoming Fellows,
Outgoing Fellows, and Introductory
surveys: once; Full surveys: Biennially.
Respondent’s Obligation: Voluntary.
Legal Authority: Section 315 of the
Coastal Zone Management Act of 1972,
as amended CZMA, 16 U.S.C. 1461,
establishes the National Estuarine
Research Reserve System (NERRS). 16
U.S.C. 1461 (e)(1)(B) authorizes the
Secretary of Commerce to make grants
to any coastal state or public or private
person for purposes of supporting
research and monitoring within a
National Estuarine Research Reserve
that are consistent with the research
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(c).
This information collection request
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Follow the instructions to view the
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following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
E:\FR\FM\14JYN1.SGM
14JYN1
]]>Agencies
[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42359-42360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15140]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA276]
Endangered Species; File No. 23148
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of permit.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that NMFS has issued an Incidental Take
Permit (ITP) (No. 23148) to Exelon Generating Company, LLC, pursuant to
the Endangered Species Act (ESA) of 1973, as amended, for the
incidental take of shortnose (Acipenser brevirostrum) and Atlantic
(Acipenser oxyrinchus) sturgeon associated with the otherwise lawful
operation of the Eddystone Generating Station in Eddystone, PA. The
permit is issued for a duration of 10 years.
ADDRESSES: The incidental take permit, final environmental assessment,
and other related documents are available on the NMFS Office of
Protected Resources website at https://www.fisheries.noaa.gov/action/incidental-take-permit-eddystone-generating-station.
FOR FURTHER INFORMATION CONTACT: Celeste Stout, phone: (301) 427-8436;
email: [email protected].
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibits the `taking' of a species listed as endangered or threatened.
The ESA defines ``take'' to mean harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. NMFS may issue permits, under limited circumstances to
take listed species when the takes are incidental to, and not the
purpose of, otherwise lawful activities. Section 10(a)(1)(B) of the ESA
provides for authorizing incidental take of listed species. The
regulations for issuing incidental take permits for threatened and
endangered species are promulgated at 50 CFR 222.307.
Background
Exelon Generating Company, LLC, owns Eddystone Generating Station
(the facility), a natural gas/fuel oil-fired electric power generating
facility that operates as a peaking plant, (i.e., typically running at
higher levels of generation capacity during the summer and winter
periods). The facility is located at 1 Industrial Highway Eddystone, PA
19022. The facility presently consists of two natural gas/fuel oil-
fired electric generating units that are steam-electric generators.
Cooling water for each unit is withdrawn from the Delaware River
through a cooling water intake structure (CWIS), which is located along
the west shore of the River, directly in front of the facility. Exelon
conducted entrainment sampling at the facility in 2005-2006, 2016, and
2017. One Atlantic sturgeon yolk-sac larva was collected in May 2017.
Thus, Exelon determined it was necessary to apply for an ITP in
accordance with the requirements under Section 10(a)(1)(B) of the ESA.
NMFS received a draft permit application from Exelon on June 28,
2018. Based on our review of the draft application, we requested
further information and clarification. On December 21, 2018, Exelon
submitted an application. Based on review of the updated application,
NMFS and Exelon held further discussions regarding what needed to be
incorporated in the Conservation Plan. On June 21, 2019, Exelon
submitted a revised application and Conservation Plan. This application
was considered complete and on July 16, 2019, NMFS published a notice
of receipt of the Exelon application for the Eddystone facility in the
Federal Register (84 FR 33924). The comment period ended on August 15,
2019. No comments were received. An additional notice was published in
the Federal Register (84 FR 65970) and was published on December 2,
2019 to allow other agencies and the public the opportunity to review
and comment on the draft Environmental Assessment (EA). The comment
period closed on January 2, 2020. Two comments were received on the EA.
One commenter was opposed to the killing of any sturgeon. This is not
consistent with the ESA, which allows for the incidental take of listed
species if certain criteria are met and a permit is issued by NMFS. The
other commenter seemed confused regarding the requirements of the ITP
and advised the Agency to select the no action alternative in the draft
EA, so that Eddystone could continue to monitor interactions with
sturgeon. However, it is the issuance of the ITP that will require
Eddystone to monitor interactions with sturgeon, not the no action
alternative.
Conservation Plan
Section 10 of the ESA specifies that no permit may be issued unless
an applicant submits an adequate conservation plan. The conservation
plan prepared by Exelon Generation Company, LLC, describes measures to
monitor, minimize and mitigate the impacts of incidental takes of ESA-
listed shortnose and Atlantic sturgeon. To avoid and minimize take of
sturgeon, Exelon will only operate Eddystone's circulating water pumps
(CWPs): When the station is generating electricity; for incidental
maintenance or testing (generally once per month) (referred to
collectively as ``Essential Station Operations''); or as required by a
governmental agency or other entity with jurisdiction to require
operations. Depending on station generation and ambient water
temperatures, Exelon will also limit operations to one CWP per unit
when possible. In addition, Exelon will rely on the river water pumps
(RWPs), which intakes less water than Eddystone's other CWP, to provide
cooling water for other critical station operations outside of
Essential Station Operations. These measures will avoid and minimize
the incidental take of sturgeon due to entrainment or impingement by
eliminating or reducing water withdrawals at times when such
withdrawals are not specifically required for Essential Station
Operations or for governmental agency-mandated use. Additionally,
Exelon will make all reasonable efforts to schedule fuel oil deliveries
outside March 15-July 15. Continued monitoring related to the take of
shortnose and Atlantic sturgeon will be ongoing and funding will be
provided through the facility's annual operating budget.
Permit 23148
NMFS authorizes the following lethal incidental takes:
New York Bight DPS Atlantic Sturgeon
Vessel Strike: 1 sub-adult/adult over 10 years.
Entrainment: 27,000 larvae per year, which is equivalent to 2 age-1
equivalents per year.
Impingement: 5 young of the year (YOY)/sub-adults per year.
Total: 1 sub-adult/adult, 270,000 larvae, and 50 YOY/sub-adults
over 10 years.
Shortnose Sturgeon
Impingement: 5 YOY/sub-adults per year.
[[Page 42360]]
Total: 50 YOY/sub-adults over 10 years.
The first 3-years of monitoring data collected under the permit
will be analyzed to verify the requested total annual incidental take.
As data are gathered and analyzed through monitoring, NMFS may amend
the permit to reflect any changes in the take estimate, if appropriate.
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal
action requiring NMFS to comply with the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing the National Policy Act (1999). NMFS
prepared an EA to consider a range of reasonable alternatives and fully
evaluate the direct, indirect, and cumulative impacts likely to result
from the authorization of this permit. NMFS found that issuing the ITP
would have no significant impacts on the quality of the environment.
Dated: July 9, 2020.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2020-15140 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-22-P
