[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Notices]
[Pages 21480-21481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08596]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2014-N040; FXES11120200000-145-FF02ENEH00]


Notice of Availability: Draft Environmental Assessment and Draft 
Oil and Gas Industry Conservation Plan for the American Burying Beetle 
in Oklahoma

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of documents; request for public 
comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a draft environmental assessment (EA), under the 
National Environmental Policy Act of 1969 (NEPA), that evaluates the 
impacts of, and alternatives to the proposed Oil and Gas Industry 
Conservation Plan (ICP) for incidental take of the federally listed 
American burying beetle resulting from activities associated with 
geophysical exploration (seismic), development, extraction, or 
transport of crude oil, natural gas, and/or other petroleum products, 
and maintenance, operation, repair, and decommissioning of oil and gas 
pipelines and well field infrastructure. The proposed ICP Planning Area 
consists of 45 counties in Oklahoma. Individual oil and gas companies 
would apply for Endangered Species Act (ESA) permits for incidental 
take associated with activities covered in the ICP and agree to comply 
with the terms and conditions of the ICP.

DATES: Comments: We will accept comments received or postmarked on or 
before April 30, 2014. Comments submitted electronically must be 
received by 11:59 p.m. Central Time on the closing date. Comments 
submitted by U.S. mail must be postmarked by the closing date. Any 
comments we receive after the closing date or not postmarked by the 
closing date may not be considered in the final decision on this 
action.

ADDRESSES: Obtaining Documents:
     Internet: You may obtain copies of the draft EA and draft 
ICP on the Internet on the Service's Web site at www.fws.gov/southwest/es/oklahoma/ABBICP.
     U.S. Mail: A limited number of CD-ROM and printed copies 
of the draft EA and draft ICP are available, by request, from the Field 
Supervisor, by mail at Oklahoma Ecological Services Field Office, 9014 
E. 21st St., Tulsa, OK 74129; by phone at 918-581-7458; or by fax at 
918-581-7467. Please note that your request is in reference to the ICP 
for ABB in Oklahoma.
     In-Person: Copies of the draft EA and draft ICP are also 
available for public inspection and review at the following locations, 
by appointment and written request only, 8 a.m. to 4:30 p.m.:
    [cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
6034, Albuquerque, NM 87102.
    [cir] U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 
74129.
    Comment submission: You may submit written comments by one of the 
following methods:
    [cir] U.S. Mail: U.S. Fish and Wildlife Service, 9014 E. 21st St., 
Tulsa, OK 74129.
    [cir] Electronically: [email protected].

FOR FURTHER INFORMATION CONTACT: Alisa Shull, Acting Field Supervisor, 
by U.S. mail at the U.S. Fish and Wildlife Service, Oklahoma Ecological 
Services Field Office, 9014 E. 21st St., Tulsa, OK 74129; or by phone 
at 918-581-7458.

SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), this notice advises the public that 
we, the Service, have gathered the information necessary to determine 
impacts and formulate alternatives for the draft EA related to

[[Page 21481]]

the proposed issuance of incidental take permits (ITPs) under section 
10(a)(1)(B) of the ESA to oil and gas companies (Applicants) who agree 
to the conditions in the Industry Conservation Plan (ICP). The ICP is a 
habitat conservation plan (HCP) that will cover take of the American 
burying beetle (ABB) that is incidental to covered activities 
associated with geophysical exploration (seismic), development, 
extraction, or transport of crude oil, natural gas, and/or other 
petroleum products, as well as maintenance, operation, repair, and 
decommissioning of oil and gas pipelines and well field infrastructure, 
and will include measures necessary to minimize and mitigate impacts to 
the covered species and their habitats to the maximum extent 
practicable.
    After the ICP is approved, individual companies may apply for ESA 
section 10(a)(1)(B) Incidental Take Permits (ITPs) if they agree to 
implement the ICP. Requested ITPs, if granted, would authorize 
incidental take of the ABB (covered species) and be in effect from the 
date of issuance through the life of the ICP (24 months for 
development, and up to 20 years for operations and maintenance). The 
ICP Planning Area covers 35,716 square miles in the following 45 
Oklahoma counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, 
Cleveland, Coal, Craig, Creek, Delaware, Garvin, Haskell, Hughes, 
Johnson, Kay, Latimer, Le Flore, Lincoln, Love, Marshall, Mayes, 
McClain, McCurtain, McIntosh, Murray, Muskogee, Noble, Nowata, 
Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, 
Pottawatomie, Pushmataha, Rogers, Seminole, Sequoyah, Tulsa, Wagoner, 
and Washington. No more than 32,234 acres of the 19,612,333 acres of 
ABB habitat in the Planning Area will be impacted under the ICP.

Background

    We developed this short-term ICP to provide project proponents with 
a mechanism for incidental take authorization for project construction 
during the next two ABB active seasons (24 months) and up to a 20-year 
term for operations and maintenance of qualifying projects.

Alternatives

    We are considering two alternatives as part of this process:
    No Action--No ITPs would be issued under the proposed ICP or a 
similar short-term HCP. Oil and gas companies in Oklahoma within the 
range of the ABB would comply with the ESA by avoiding impacts (take) 
to the covered species where practicable. If take could not be avoided 
and a Federal nexus exists (funded, authorized, or carried out by a 
Federal agency), an operator or individual may receive take coverage 
through a biological opinion issued by the Service to the Federal 
action agency. If no Federal involvement exists, Applicants or 
individuals could apply for an ITP from the Service on a project-by-
project basis. Each ITP would require development of an HCP and 
independent evaluation under NEPA.
    Alternative 1: Activities as Proposed in the ICP--This alternative 
is issuance of ITPs by the Service for covered species in the 45-county 
ICP Planning Area, pursuant to section 10(a)(1)(B) of the ESA under the 
approved ICP, which would have a duration of 24 months for development 
and up to 20 years for operations and maintenance. Incidental take 
authorized by the requested ITP would result from construction, 
operation, maintenance, repair, or decommissioning of pipelines or 
other well field development activities. These activities are 
summarized below and explained in detail in the ICP.
    Exploration and Extraction Activities (Upstream Production):
    Exploration activities include seismic activities such as:
     Explosives
     Land vibroseis (where a truck is used to drop a heavy 
weight on hard surfaces, such as paved roads, to generate the 
designated frequency)
    Extraction activities include construction, operation, maintenance, 
and reclamation of well field infrastructure, including the following:
     Well pads
     Gas flaring (with adequate flame enclosure)
     Work and access roads
     Electrical distribution lines (under 34.5 kilovolts)
     Off-site impoundments
     Communication towers (under 200 feet, unlit, without guy 
wires)
     Decommissioning of well field infrastructure
    Transport of Petroleum Product (Midstream Development):
    This includes gathering, processing/treating, transmission, and 
distribution of oil, natural gas, or other petroleum products, 
specifically including the following:
     Construction of gathering, transmission, and distribution 
pipeline
     Construction of surface ancillary facilities, including:
    [cir] Access roads
    [cir] Booster, compressor, and pump stations
    [cir] Meter stations, mainline valves, pig launchers/receivers, 
regulator facilities, and other appurtenances
    [cir] Natural gas processing and treating facilities
    [cir] Communication towers (under 200 feet, unlit, without guy 
wires)
    [cir] Electric distribution lines (under 34.5 kilovolts)
    [cir] Electric substations
     Operation and maintenance of pipeline and surface 
ancillary facilities
     Decommissioning and reclamation of pipeline and surface 
ancillary facilities
    Requested ITPs would be valid in their specific Permit Area within 
the 45-county ICP Planning Area, and be in effect from the date of 
issuance through the remaining duration of the ICP.
    To meet the requirements of a section 10(a)(1)(B) ITP, the 
Applicant would agree to the conditions in the ICP, which describes the 
conservation measures to minimize and mitigate for incidental take of 
the covered species to the maximum extent practicable.

Public Availability of Comments

    Written comments we receive become part of the public 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. We will not consider anonymous 
comments. 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

    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6).

    Dated: March 20, 2014.
David Mendias,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2014-08596 Filed 4-15-14; 8:45 am]
BILLING CODE 4310-55-P