Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Karner Blue Butterfly and Frosted Elfin in the Albany Pine Bush Preserve, Albany, Colonie and Guilderland, New York; Categorical Exclusion, 49391-49392 [2020-17725]

Download as PDF Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Notices A. Overview of Information Collection DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–7027–N–27; OMB Control No. 2502–0086] 60-Day Notice of Proposed Information Collection: Monthly Report of Excess Income and Annual Report of Uses of Excess Income Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. AGENCY: ACTION: Notice. HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. SUMMARY: DATES: Comments Due Date: October 13, 2020. Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Room 4176, Washington, DC 20410–5000; telephone 202–402–3400 (this is not a toll-free number) or email at Colette.Pollard@hud.gov for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at (800) 877– 8339. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Colette Pollard at Colette.Pollard@ hud.gov or telephone 202–402–3400. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877–8339. Copies of available documents submitted to OMB may be obtained from Ms. Pollard. This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:16 Aug 12, 2020 Jkt 250001 Title of Information Collection: Monthly Report of Excess Income and Annual Report of Uses of Excess Income. OMB Approval Number: 2502–0086. OMB Expiration Date: 2/29/2020. Type of Request: Reinstatement, with change, of previously approved collection for which approval has expired. Form Number: N/A (Pay.gov). Description of the need for the information and proposed use: Project owners are permitted to retain excess income for projects under terms and conditions established by HUD. Owners must submit a written request to retain some or all of their excess income. The request must be submitted at least 90 days before the beginning of each fiscal year, or 90 days before any other time during a fiscal year that the owner plans to begin retaining excess income for that fiscal year. HUD uses the information to ensure that required excess rents are remitted to the Department and/or retained by the owner for project use. Respondents (i.e., affected public): Business or other for-profit. Project owners with loans subsidized using the Section 236 program (Business or other for-profit). Estimated Number of Respondents: 835. Estimated Number of Responses: 10,855. Frequency of Response: 12. Average Hours per Response: 0.25. Total Estimated Burden: 3,131 hours. B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) 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) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to 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. HUD encourages interested parties to submit comment in response to these questions. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 49391 C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. The Acting Assistant Secretary for Housing—Federal Housing Commissioner, Len Wolfson, having reviewed and approved this document, is delegating the authority to electronically sign this document to submitter, Nacheshia Foxx, who is the Federal Register Liaison for HUD, for purposes of publication in the Federal Register. Dated: August 10, 2020. Nacheshia Foxx, Federal Register Liaison for the Department of Housing and Urban Development. [FR Doc. 2020–17718 Filed 8–12–20; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R5–ES–2020–0028; FXES111X0500000–XXX–FF05E00000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Karner Blue Butterfly and Frosted Elfin in the Albany Pine Bush Preserve, Albany, Colonie and Guilderland, New York; Categorical Exclusion Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment and information. AGENCY: We, the Fish and Wildlife Service (Service), announce receipt of an application from the Albany Pine Bush Preserve Commission (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed endangered Karner blue butterfly incidental to otherwise lawful activities associated with expansion of an existing trail system and routine property maintenance and management activities within the Albany Pine Bush Preserve. The applicant also seeks take coverage for the frosted elfin butterfly, listed as threatened by the State of New York, should it become federally listed in the future. The applicant proposes a conservation program to minimize and mitigate the impacts of unavoidable incidental take of the two species, as described in its habitat conservation plan (HCP). We invite public comment on the application, which includes the applicant’s proposed HCP, and the Service’s preliminary determination that the covered actions and incidental take SUMMARY: E:\FR\FM\13AUN1.SGM 13AUN1 49392 Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Notices which may occur under this proposed HCP, if implemented, qualifies as ‘‘low effect,’’ and therefore our issuance of the requested ITP authorizing the take would be categorically excluded from further review under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review. 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 September 14, 2020. ADDRESSES: Reviewing documents: You may obtain copies of the application, including the HCP and the draft environmental action statement, in Docket No. FWS–R5–ES–2020–0028 at https://www.regulations.gov. Submitting Comments: You may submit comments by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS–R5–ES–2020–0028. • U.S. Mail: Public Comments Processing; Attn: Docket No. FWS–R5– ES–2020–0028; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041–3803. For additional information about submitting comments, see Request for Public Comments and Public Availability of Comments under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Noelle Rayman-Metcalf, by telephone at 607–753–9334, or by email at Noelle_ rayman@fws.gov. Hearing or speech impaired individuals may call the Federal Relay Service at 800–877–8339 for TTY assistance. SUPPLEMENTARY INFORMATION: Section 9 of the ESA and its implementing regulations prohibit the ‘‘take’’ of animal species listed as endangered or threatened (16 U.S.C. 1538). 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. 1532). 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 (16 U.S.C. 1539). Regulations governing incidental take permits for endangered and threatened species, respectively, are VerDate Sep<11>2014 17:16 Aug 12, 2020 Jkt 250001 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 20-year ITP to take two covered species, the endangered Karner blue butterfly and the frosted elfin (should it become federally listed in the future). The applicant determined that unavoidable take is reasonably certain to occur incidental to the proposed construction of 2.7 miles of trail and routine property maintenance and management activities that will affect approximately 1.94 acres (ac) of occupied or suitable habitat for the covered species. The conservation program in the applicant’s proposed HCP is designed to avoid, minimize, and mitigate the impacts of covered activities on the covered species, and is intended to complement ongoing conservation efforts for the covered species in New York State. The HCP proposes establishment and ongoing maintenance of approximately 6 ac of wild blue lupine to increase breeding and foraging habitat for the covered species to offset the anticipated impacts of the taking. 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.). The Service has made a preliminary determination that the impact of the covered actions and the incidental take likely to result from the applicant’s project, including expansion of the existing trail system, routine property maintenance and management activities, and the proposed conservation program, would individually and cumulatively have a minor or negligible effect on the Karner blue butterfly, the frosted elfin, and the environment. Therefore, we have preliminarily concluded the covered actions and incidental take which may occur under this proposed HCP, if implemented, qualifies as ‘‘low effect,’’ and therefore our issuance of the requested ITP authorizing the take would be categorically excluded from further review under our NEPA regulations at 43 CFR 46.205 and 46.210. A low-effect ITP is one in which covered actions and incidental take in accordance with the HCP would result in (1) minor or negligible effects on federally listed, proposed, and candidate species and their habitats; (2) minor or negligible effects on other environmental values or resources; and (3) impacts that, when considered together with the impacts of other past, present, and reasonably foreseeable PO 00000 Frm 00034 Fmt 4703 Sfmt 9990 similarly situated projects, would not over time result in significant cumulative effects to environmental values or resources. 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 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. Request for Public Comments The Service invites the public to comment on the proposed HCP and draft environmental action statement 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 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) of the ESA (16 U.S.C. 1539(c)) and NEPA regulation 40 CFR 1506.6. Sharon Marino, Assistant Regional Director, Ecological Services. [FR Doc. 2020–17725 Filed 8–12–20; 8:45 am] BILLING CODE 4333–15–P E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Notices]
[Pages 49391-49392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17725]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-ES-2020-0028; FXES111X0500000-XXX-FF05E00000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for Karner Blue Butterfly and Frosted Elfin 
in the Albany Pine Bush Preserve, Albany, Colonie and Guilderland, New 
York; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

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

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

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from the Albany Pine Bush Preserve Commission 
(applicant) for an incidental take permit (ITP) under the Endangered 
Species Act. The applicant requests the ITP to take the federally 
listed endangered Karner blue butterfly incidental to otherwise lawful 
activities associated with expansion of an existing trail system and 
routine property maintenance and management activities within the 
Albany Pine Bush Preserve. The applicant also seeks take coverage for 
the frosted elfin butterfly, listed as threatened by the State of New 
York, should it become federally listed in the future. The applicant 
proposes a conservation program to minimize and mitigate the impacts of 
unavoidable incidental take of the two species, as described in its 
habitat conservation plan (HCP). We invite public comment on the 
application, which includes the applicant's proposed HCP, and the 
Service's preliminary determination that the covered actions and 
incidental take

[[Page 49392]]

which may occur under this proposed HCP, if implemented, qualifies as 
``low effect,'' and therefore our issuance of the requested ITP 
authorizing the take would be categorically excluded from further 
review under the National Environmental Policy Act. To make this 
determination, we used our environmental action statement and low-
effect screening form, both of which are also available for public 
review. 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 
September 14, 2020.

ADDRESSES:
    Reviewing documents: You may obtain copies of the application, 
including the HCP and the draft environmental action statement, in 
Docket No. FWS-R5-ES-2020-0028 at https://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-R5-
ES-2020-0028.
     U.S. Mail: Public Comments Processing; Attn: Docket No. 
FWS-R5-ES-2020-0028; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    For additional information about submitting comments, see Request 
for Public Comments and Public Availability of Comments under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Noelle Rayman-Metcalf, by telephone at 
607-753-9334, or by email at [email protected]. Hearing or speech 
impaired individuals may call the Federal Relay Service at 800-877-8339 
for TTY assistance.

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and its implementing 
regulations prohibit the ``take'' of animal species listed as 
endangered or threatened (16 U.S.C. 1538). 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. 1532). 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 (16 U.S.C. 1539). 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 20-year ITP to take two covered species, 
the endangered Karner blue butterfly and the frosted elfin (should it 
become federally listed in the future). The applicant determined that 
unavoidable take is reasonably certain to occur incidental to the 
proposed construction of 2.7 miles of trail and routine property 
maintenance and management activities that will affect approximately 
1.94 acres (ac) of occupied or suitable habitat for the covered 
species.
    The conservation program in the applicant's proposed HCP is 
designed to avoid, minimize, and mitigate the impacts of covered 
activities on the covered species, and is intended to complement 
ongoing conservation efforts for the covered species in New York State. 
The HCP proposes establishment and ongoing maintenance of approximately 
6 ac of wild blue lupine to increase breeding and foraging habitat for 
the covered species to offset the anticipated impacts of the taking.

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.). The Service has made 
a preliminary determination that the impact of the covered actions and 
the incidental take likely to result from the applicant's project, 
including expansion of the existing trail system, routine property 
maintenance and management activities, and the proposed conservation 
program, would individually and cumulatively have a minor or negligible 
effect on the Karner blue butterfly, the frosted elfin, and the 
environment. Therefore, we have preliminarily concluded the covered 
actions and incidental take which may occur under this proposed HCP, if 
implemented, qualifies as ``low effect,'' and therefore our issuance of 
the requested ITP authorizing the take would be categorically excluded 
from further review under our NEPA regulations at 43 CFR 46.205 and 
46.210. A low-effect ITP is one in which covered actions and incidental 
take in accordance with the HCP would result in (1) minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats; (2) minor or negligible effects on other environmental values 
or resources; and (3) impacts that, when considered together with the 
impacts of other past, present, and reasonably foreseeable similarly 
situated projects, would not over time result in significant cumulative 
effects to environmental values or resources.

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.

Request for Public Comments

    The Service invites the public to comment on the proposed HCP and 
draft environmental action statement 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

    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) of the ESA (16 
U.S.C. 1539(c)) and NEPA regulation 40 CFR 1506.6.

Sharon Marino,
Assistant Regional Director, Ecological Services.
[FR Doc. 2020-17725 Filed 8-12-20; 8:45 am]
BILLING CODE 4333-15-P