Endangered and Threatened Species; Receipt of an Incidental Take Permit Application and Habitat Conservation Plan; Santa Ana Avenue Project, City of Rialto, San Bernardino County, California, 58923-58924 [2021-23163]

Download as PDF jspears on DSK121TN23PROD with NOTICES1 Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices instructions for submitting comments on Docket No. FWS–HQ–LE–2021– 0112. • Email: Info_Coll@fws.gov. Please reference Office of Management and Budget (OMB) Control Number 1018– 0129 in the subject line of your comments. • U.S. mail: Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Madonna L. Baucum, Service Information Collection Clearance Officer, by email at Info_ Coll@fws.gov, or by telephone at (703) 358–2503. Individuals who are hearing or speech impaired may call the Federal Relay Service at 1–800–877–8339 for TTY assistance. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5 CFR 1320.8(d)(1), all information collections require approval under the PRA. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. As part of our continuing effort to reduce paperwork and respondent burdens, we invite the public and other Federal agencies to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are especially interested in public comment addressing the following: (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of VerDate Sep<11>2014 18:00 Oct 22, 2021 Jkt 256001 information technology, e.g., permitting electronic submission of response. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The Captive Wildlife Safety Act (CWSA; Pub. L. 108–191, 16 U.S.C. 3371 note, and 16 U.S.C. 3372 note) amended the Lacey Act (16 U.S.C. 3371 et seq.; 18 U.S.C. 42–43) by making it illegal to import, export, buy, sell, transport, receive, or acquire, in interstate or foreign commerce, live lions, tigers, leopards, snow leopards, clouded leopards, cheetahs, jaguars, or cougars, or any hybrid combination of any of these species, unless certain exceptions are met. The CWSA was signed into law in 2003 and enforcement began on September 17, 2007. There are several exemptions to the prohibitions of the CWSA, including accredited wildlife sanctuaries. There is no requirement for wildlife sanctuaries to submit applications to qualify for the accredited wildlife sanctuary exemption. Wildlife sanctuaries themselves will determine if they qualify. As a matter of routine, we do not inspect or follow up on wildlife sanctuaries unless we have cause for concern. To qualify, they must meet all of the following criteria: • Obtain approval by the U.S. Internal Revenue Service (IRS) as a corporation that is exempt from taxation under section 501(a) of the IRS Code of 1986 (Pub. L. 99–514), which is described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that code. • Do not engage in commercial trade in the prohibited wildlife species, including offspring, parts, and products. • Do not propagate the prohibited wildlife species. • Have no direct contact between the public and the prohibited wildlife species. The basis for this information collection is the recordkeeping requirement that we place on accredited wildlife sanctuaries. We require accredited wildlife sanctuaries to maintain complete and accurate records of any possession, transportation, PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 58923 acquisition, disposition, importation, or exportation of the prohibited wildlife species as defined in the CWSA (see title 50 of the Code of Federal Regulations (CFR) at part 14, subpart K). Records must be up to date and include: (1) Names and addresses of persons to or from whom any prohibited wildlife species has been acquired, imported, exported, purchased, sold, or otherwise transferred; and (2) dates of these transactions. Accredited wildlife sanctuaries must: • Maintain these records for 5 years. • Make these records accessible to Service officials for inspection at reasonable hours. • Copy these records for Service officials, if requested. Title of Collection: Captive Wildlife Safety Act, 50 CFR 14.250–14.255. OMB Control Number: 1018–0129. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Accredited wildlife sanctuaries. Total Estimated Number of Annual Respondents: 750. Total Estimated Number of Annual Responses: 750. Estimated Completion Time per Response: 1 hour. Total Estimated Number of Annual Burden Hours: 750. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: Ongoing. Total Estimated Annual Nonhour Burden Cost: $300. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Madonna Baucum, Information Collection Clearance Officer, U.S. Fish and Wildlife Service. [FR Doc. 2021–23177 Filed 10–22–21; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R8–ES–2021–0071; FXES11140800000–212] Endangered and Threatened Species; Receipt of an Incidental Take Permit Application and Habitat Conservation Plan; Santa Ana Avenue Project, City of Rialto, San Bernardino County, California AGENCY: Fish and Wildlife Service, Interior. E:\FR\FM\25OCN1.SGM 25OCN1 58924 Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices Notice of availability; request for comments. ACTION: We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit to take the federally listed Delhi Sands flower-loving fly under the Endangered Species Act (ESA). The permit application includes a proposed low-effect habitat conservation plan (HCP). In accordance with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low-effect screening form supporting our preliminary determination that the proposed action qualifies as a categorical exclusion under NEPA. We invite comments from the public and Federal, Tribal, State, and local governments on the permit application, proposed low-effect HCP, and draft NEPA compliance documentation. DATES: To ensure consideration, please send your written comments on or before November 24, 2021. ADDRESSES: Obtaining Documents: The documents this notice announces, as well as any comments and other materials that we receive, will be available for public inspection online in Docket No. FWS– R8–ES–2021–0071 at https:// www.regulations.gov. Submitting Comments: You may submit comments by one of the following methods: • Online: https://www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS–R8–ES– 2021–0071. • U.S. mail: Public Comments Processing, Attn: Docket No. FWS–R8– ES–2021–0071; U.S. Fish and Wildlife Service, 777 East Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262. We request that you send comments by only one of the methods described above. FOR FURTHER INFORMATION CONTACT: Ms. Karin Cleary-Rose, Division Supervisor, Carlsbad Fish and Wildlife Office, 760– 322–2070. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service (FRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, received an application from Rialto Project Owner, Marshall P. Wilkinson (applicant), for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested permit would authorize take of the federally endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:00 Oct 22, 2021 Jkt 256001 abdominalis), incidental to grading and paving, on approximately 4 acres in the City of Rialto in San Bernardino County, California. The proposed project will impact an estimated 0.67 acres of habitat occupied by Delhi Sands flower-loving fly. We are requesting comments on the permit application and on our preliminary determination that the proposed HCP qualifies as a low-effect HCP, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.). The basis for this determination is discussed in our draft NEPA compliance documentation, which is also available for public review. Project The project area is located on a 4-acre site in the City of Rialto in San Bernardino County, California. The applicant requests a 5-year incidental take permit for permanent impacts to 0.67 acres of occupied Delhi Sands flower-loving fly habitat. The applicant proposes to mitigate impacts through the conservation of 1 acre of occupied Delhi Sands flower-loving fly habitat off site at the Colton Dune Conservation Bank in San Bernardino County, or other Service-approved entity. The offsite mitigation area provides higher quality habitat than that found on the project site and will be conserved, managed, and monitored in perpetuity. Our Preliminary Determination The Service has made a preliminary determination that the project, including grading, paving, and the proposed mitigation, would individually and cumulatively have a minor or negligible effect on the Delhi Sands flower-loving fly and the human environment. Therefore, we have preliminarily concluded that the incidental take permit for this project would qualify for categorical exclusion, and that the HCP is low effect under our NEPA regulations at 43 CFR 46.205 and 46.210. A low-effect HCP is one that would result in: • Minor or negligible effects on federally listed, proposed, and candidate species and their habitats; • Minor or negligible effects on other environmental values or resources; and • 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 Next Steps We will evaluate the proposed HCP and any comments received to determine whether to issue the requested permit. 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)(1)(B) of the ESA have been met. If met, we will issue the permit to the applicant for incidental take of the Delhi Sands flower-loving fly. 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 may 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) (16 U.S.C. 1539 et seq.) of the ESA and NEPA regulations at 40 CFR 1506.6. Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. 2021–23163 Filed 10–22–21; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF JUSTICE Antitrust Division United States v. Wieneberger AG, et al.; Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), that a proposed Final Judgment, Stipulation, and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia in United States of America v. Wienerberger AG, et al., Civil Action No. 1:21–cv–02555. On October 1, 2021, the United States filed a Complaint alleging that General Shale’s proposed acquisition of Meridian’s manufacturing and distribution assets would violate section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed at the same time as the Complaint, requires General Shale to divest three E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58923-58924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23163]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2021-0071; FXES11140800000-212]


Endangered and Threatened Species; Receipt of an Incidental Take 
Permit Application and Habitat Conservation Plan; Santa Ana Avenue 
Project, City of Rialto, San Bernardino County, California

AGENCY: Fish and Wildlife Service, Interior.

[[Page 58924]]


ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit to take the 
federally listed Delhi Sands flower-loving fly under the Endangered 
Species Act (ESA). The permit application includes a proposed low-
effect habitat conservation plan (HCP). In accordance with the 
requirements of the National Environmental Policy Act (NEPA), we have 
prepared a draft low-effect screening form supporting our preliminary 
determination that the proposed action qualifies as a categorical 
exclusion under NEPA. We invite comments from the public and Federal, 
Tribal, State, and local governments on the permit application, 
proposed low-effect HCP, and draft NEPA compliance documentation.

DATES: To ensure consideration, please send your written comments on or 
before November 24, 2021.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R8-ES-2021-0071 at 
https://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2021-0071.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2021-0071; U.S. Fish and Wildlife Service, 777 East Tahquitz 
Canyon Way, Suite 208, Palm Springs, CA 92262.
    We request that you send comments by only one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: Ms. Karin Cleary-Rose, Division 
Supervisor, Carlsbad Fish and Wildlife Office, 760-322-2070. If you use 
a telecommunications device for the deaf (TDD), please call the Federal 
Relay Service (FRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, 
received an application from Rialto Project Owner, Marshall P. 
Wilkinson (applicant), for an incidental take permit under the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The requested permit would authorize take of the federally 
endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus 
abdominalis), incidental to grading and paving, on approximately 4 
acres in the City of Rialto in San Bernardino County, California.
    The proposed project will impact an estimated 0.67 acres of habitat 
occupied by Delhi Sands flower-loving fly. We are requesting comments 
on the permit application and on our preliminary determination that the 
proposed HCP qualifies as a low-effect HCP, eligible for a categorical 
exclusion under the National Environmental Policy Act of 1969, as 
amended (NEPA; 42 U.S.C. 4321 et seq.). The basis for this 
determination is discussed in our draft NEPA compliance documentation, 
which is also available for public review.

Project

    The project area is located on a 4-acre site in the City of Rialto 
in San Bernardino County, California. The applicant requests a 5-year 
incidental take permit for permanent impacts to 0.67 acres of occupied 
Delhi Sands flower-loving fly habitat. The applicant proposes to 
mitigate impacts through the conservation of 1 acre of occupied Delhi 
Sands flower-loving fly habitat off site at the Colton Dune 
Conservation Bank in San Bernardino County, or other Service-approved 
entity. The off-site mitigation area provides higher quality habitat 
than that found on the project site and will be conserved, managed, and 
monitored in perpetuity.

Our Preliminary Determination

    The Service has made a preliminary determination that the project, 
including grading, paving, and the proposed mitigation, would 
individually and cumulatively have a minor or negligible effect on the 
Delhi Sands flower-loving fly and the human environment. Therefore, we 
have preliminarily concluded that the incidental take permit for this 
project would qualify for categorical exclusion, and that the HCP is 
low effect under our NEPA regulations at 43 CFR 46.205 and 46.210.
    A low-effect HCP is one that would result in:
     Minor or negligible effects on federally listed, proposed, 
and candidate species and their habitats;
     Minor or negligible effects on other environmental values 
or resources; and
     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

    We will evaluate the proposed HCP and any comments received to 
determine whether to issue the requested permit. 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)(1)(B) of the ESA have been met. If met, we will issue the 
permit to the applicant for incidental take of the Delhi Sands flower-
loving fly.

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 may 
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) (16 U.S.C. 1539 et seq.) 
of the ESA and NEPA regulations at 40 CFR 1506.6.

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2021-23163 Filed 10-22-21; 8:45 am]
BILLING CODE 4333-15-P