Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Indian River County, FL; Categorical Exclusion, 22478-22479 [2023-07764]

Download as PDF 22478 Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Deanne Criswell, Administrator, Federal Emergency Management Agency. [FR Doc. 2023–07803 Filed 4–12–23; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R4–ES–2023–0044; FXES11130400000–223–FF04EF4000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Indian River County, FL; Categorical Exclusion Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. AGENCY: We, the Fish and Wildlife Service (Service), announce receipt of an application from Remington Stewart, LLP (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction and operation of a commercial development in Indian River County, Florida. We request public comment on the application, which includes the applicant’s proposed habitat conservation plan (HCP), and on the Service’s preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality’s National Environmental Policy Act (NEPA) regulations, the Department of the Interior’s (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies. DATES: We must receive your written comments on or before May 15, 2023. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES– 2023–0044, at https:// www.regulations.gov. Submitting Comments: If you wish to submit comments on any of the documents, you may do so in writing by one of the following methods: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:56 Apr 12, 2023 Jkt 259001 • Online: https:// www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS–R4–ES–2023–0044. • U.S. mail: Public Comments Processing; Attn: Docket No. FWS–R4– ES–2023–0044; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see ADDRESSES), by telephone at 772–469– 4234 or via email at alfredo_begazo@ fws.gov. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), announce receipt of an application from Remington Stewart, LLP (applicant) for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant requests the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) incidental to the construction and operation of a commercial development in Indian River County, Florida. We request public comment on the application, which includes the applicant’s habitat conservation plan (HCP), and on the Service’s preliminary determination that this proposed ITP qualifies as ‘‘low effect,’’ and may qualify for a categorical exclusion pursuant to the Council on Environmental Quality’s National Environmental Policy Act (NEPA) regulations (40 CFR 1501.4), the Department of the Interior’s (DOI) NEPA regulations (43 CFR 46), and the DOI’s Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. Proposed Project The applicant requests a 5-year ITP to take scrub-jays via the conversion of approximately 0.93 acre (ac) of occupied nesting, foraging, and sheltering scrubjay habitat incidental to the construction of a commercial development on a 3.11ac parcel in Section 30; Township 38 South; Range 30 East; Indian River County, Florida. The applicant proposes to mitigate for take of the scrub-jays by purchasing credits equivalent to 1.86 ac PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 of scrub-jay-occupied habitat from a Service-approved conservation bank. The Service would require the applicant to purchase the credits prior to engaging in any construction phase of the project. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, be aware that your entire comment, including your personal identifying information, may be made available to the public. While you may request that we withhold your personal identifying information, we cannot guarantee that we will be able to do so. Our Preliminary Determination The Service has made a preliminary determination that the applicant’s project—including the construction of a commercial building, driveway, parking space, green areas, stormwater pond, and associated infrastructure (e.g., electric, water, and sewer lines)—would individually and cumulatively have a minor effect on the scrub-jay and the human environment. Therefore, we have preliminarily determined that the proposed ESA section 10(a)(1)(B) permit would be a ‘‘low-effect’’ ITP that individually or cumulatively would have a minor effect on the scrub-jay and may qualify for application of a categorical exclusion pursuant to the Council on Environmental Quality’s NEPA regulations, DOI’s NEPA regulations, and the DOI Departmental Manual. A ‘‘low-effect’’ ITP is one that would result in (1) minor or nonsignificant effects on species covered in the HCP; (2) nonsignificant effects on the human environment; and (3) impacts that, when added together with the impacts of other past, present, and reasonable foreseeable actions, would not result in significant cumulative effects to the human environment. Next Steps The Service will evaluate the application and the comments to determine whether to issue the requested ITP. 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 preceding and other matters, we will determine whether the permit issuance criteria of section 10(a)(1)(B) of the ESA have been met. If met, the Service will issue ITP number PER0563271 to Remington Stewart, LLP. Authority The Service provides this notice under section 10(c) of the ESA (16 E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.32), and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500–1508 and 43 CFR 46). Robert L. Carey, Division Manager, Environmental Review, Florida Ecological Services Office. [FR Doc. 2023–07764 Filed 4–12–23; 8:45 am] BILLING CODE 4333–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1304] Certain Wet Dry Surface Cleaning Devices; Notice of Request for Submissions on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on March 24, 2023, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337. On April 7, 2023, the ALJ issued a Recommended Determination on Remedy and Bond should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:56 Apr 12, 2023 Jkt 259001 production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. (19 U.S.C. 1337(d)(1)). A similar provision applies to cease and desist orders. (19 U.S.C. 1337(f)(1)). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation, specifically: a limited exclusion order directed to certain wet dry surface cleaning devices imported, sold for importation, and/or sold after importation by respondents Tineco Intelligent Technology Co., Ltd. of Suzhou City, China; TEK (Hong Kong) Science & Technology Ltd. of Hong Kong; and Tineco Intelligent, Inc. of Seattle, Washington (collectively, ‘‘Respondents’’); and cease and desist orders directed to Respondents. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on April 7, 2023. Comments should address whether issuance of the recommended remedial orders in this investigation, should the Commission find a violation, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) explain how the articles potentially subject to the recommended remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 22479 (v) explain how the recommended orders would impact consumers in the United States. Written submissions must be filed no later than by close of business on May 8, 2023. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1304’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202–205– 2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22478-22479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07764]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2023-0044; FXES11130400000-223-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Florida Scrub-Jay; Indian River 
County, FL; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Remington Stewart, LLP (applicant) for an 
incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally threatened Florida 
scrub-jay (Aphelocoma coerulescens) incidental to the construction and 
operation of a commercial development in Indian River County, Florida. 
We request public comment on the application, which includes the 
applicant's proposed habitat conservation plan (HCP), and on the 
Service's preliminary determination that the proposed permitting action 
may be eligible for a categorical exclusion pursuant to the Council on 
Environmental Quality's National Environmental Policy Act (NEPA) 
regulations, the Department of the Interior's (DOI) NEPA regulations, 
and the DOI Departmental Manual. To make this preliminary 
determination, we prepared a draft environmental action statement and 
low-effect screening form, both of which are also available for public 
review. We invite comment from the public and local, State, Tribal, and 
Federal agencies.

DATES: We must receive your written comments on or before May 15, 2023.

ADDRESSES: Obtaining Documents: You may obtain copies of the documents 
online in Docket No. FWS-R4-ES-2023-0044, at https://www.regulations.gov.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2023-0044.
     U.S. mail: Public Comments Processing; Attn: Docket No. 
FWS-R4-ES-2023-0044; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see 
ADDRESSES), by telephone at 772-469-4234 or via email at 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), 
announce receipt of an application from Remington Stewart, LLP 
(applicant) for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
applicant requests the ITP to take the federally listed Florida scrub-
jay (Aphelocoma coerulescens) (scrub-jay) incidental to the 
construction and operation of a commercial development in Indian River 
County, Florida. We request public comment on the application, which 
includes the applicant's habitat conservation plan (HCP), and on the 
Service's preliminary determination that this proposed ITP qualifies as 
``low effect,'' and may qualify for a categorical exclusion pursuant to 
the Council on Environmental Quality's National Environmental Policy 
Act (NEPA) regulations (40 CFR 1501.4), the Department of the 
Interior's (DOI) NEPA regulations (43 CFR 46), and the DOI's 
Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary 
determination, we prepared a draft environmental action statement and 
low-effect screening form, both of which are also available for public 
review.

Proposed Project

    The applicant requests a 5-year ITP to take scrub-jays via the 
conversion of approximately 0.93 acre (ac) of occupied nesting, 
foraging, and sheltering scrub-jay habitat incidental to the 
construction of a commercial development on a 3.11-ac parcel in Section 
30; Township 38 South; Range 30 East; Indian River County, Florida. The 
applicant proposes to mitigate for take of the scrub-jays by purchasing 
credits equivalent to 1.86 ac of scrub-jay-occupied habitat from a 
Service-approved conservation bank. The Service would require the 
applicant to purchase the credits prior to engaging in any construction 
phase of the project.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be aware that 
your entire comment, including your personal identifying information, 
may be made available to the public. While you may request that we 
withhold your personal identifying information, we cannot guarantee 
that we will be able to do so.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's project--including the construction of a commercial 
building, driveway, parking space, green areas, stormwater pond, and 
associated infrastructure (e.g., electric, water, and sewer lines)--
would individually and cumulatively have a minor effect on the scrub-
jay and the human environment. Therefore, we have preliminarily 
determined that the proposed ESA section 10(a)(1)(B) permit would be a 
``low-effect'' ITP that individually or cumulatively would have a minor 
effect on the scrub-jay and may qualify for application of a 
categorical exclusion pursuant to the Council on Environmental 
Quality's NEPA regulations, DOI's NEPA regulations, and the DOI 
Departmental Manual. A ``low-effect'' ITP is one that would result in 
(1) minor or nonsignificant effects on species covered in the HCP; (2) 
nonsignificant effects on the human environment; and (3) impacts that, 
when added together with the impacts of other past, present, and 
reasonable foreseeable actions, would not result in significant 
cumulative effects to the human environment.

Next Steps

    The Service will evaluate the application and the comments to 
determine whether to issue the requested ITP. 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 preceding and 
other matters, we will determine whether the permit issuance criteria 
of section 10(a)(1)(B) of the ESA have been met. If met, the Service 
will issue ITP number PER0563271 to Remington Stewart, LLP.

Authority

    The Service provides this notice under section 10(c) of the ESA (16

[[Page 22479]]

U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.32), 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1500-1508 and 43 CFR 46).

Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services 
Office.
[FR Doc. 2023-07764 Filed 4-12-23; 8:45 am]
BILLING CODE 4333-15-P
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