[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35821-35824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14410]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2021-N166; FXHC11140900000-212-FF09E33000; OMB Control 
Number 1018-0148]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Land-Based 
Wind Energy Guidelines

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to renew an 
information collection.

DATES: Interested persons are invited to submit comments on or before 
August 6, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function. Please provide a 
copy of your comments to the Service Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, MS: PRB (JAO/3W), 5275 
Leesburg Pike, Falls Church, VA 22041-3803 (mail); or by email to 
[email protected]. Please reference OMB Control Number 1018-0148 in the 
subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service

[[Page 35822]]

Information Collection Clearance Officer, by email at 
[email protected], 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. You may also view the information 
collection request (ICR) at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we 
provide the general public and other Federal agencies with an 
opportunity 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.
    On December 22, 2020, we published in the Federal Register (85 FR 
83607) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on February 22, 2021. We received two comments in response 
to that notice:
    Comment 1: Comment received via email on December 29, 2020, from V. 
Weeks, which stated any data collection should be mandatory in order to 
have viable information.
    Agency Response to Comment 1: The Service does not have regulatory 
authority to require this information collection. Therefore, we decline 
to make the requested change. The viability of data received under this 
collection is related to the methods and metrics used and relevance to 
inform decision-making.
    Comment 2: Comment received via email on March 22, 2021, from Tom 
Vinson, Vice President, Policy & Regulatory Affairs, American Clean 
Power Association (ACP). The ACP provided several comments and 
suggestions, numbered below and responded to below with corresponding 
numbering.
    1. The Land-Based Wind Energy Guidelines (WEGs) continue to form a 
practical approach to assess and minimize wind energy impacts to 
wildlife. The tiered development framework in the WEGs is fully 
integrated into the land-based wind energy development process.
    2. Depending on the available information at each Tier, the Service 
has noted that the tiered approach does not require that every Tier, or 
every element within each Tier, be implemented for every project. The 
American Clean Power Association (ACP) agrees with this statement. For 
example, if a project is an additional phase to an existing project 
that has already gone through relevant Tiers, and the geography and 
habitat are similar, repeating Tiers on this new phase likely will not 
be necessary.
    3. ACP agrees with statements made by Service that the WEGs 
``promote effective communication among wind energy developers and 
Federal, State, Tribal, and local conservation agencies. When used in 
concert with appropriate regulatory tools, the Guidelines are the best 
practical approach for conserving species of concern.''
    4. ACP believes the estimate of the ``annual number of 
respondents'' in the Information Collection notice and the correlated 
total annual burden hours are low based on the number of wind 
facilities placed into service, under construction, or in an advanced 
phase of development as of the end of 2020. For every project 
constructed, there are 5-10 projects that are cancelled for one reason 
or another (wildlife or otherwise). Those projects have likely utilized 
Tier 1, potentially Tier 2, and in some cases, Tier 3. Also, projects 
may be built in phases with each phase being a separate entity, and the 
extent to which individual entities use the WEGs for individual project 
phases, or for a portfolio of phases within a geographic area, may 
differ. Thus, even though one set of WEG Tiers was applied, it may have 
covered up to five or six separate projects.
    5. The number of wind projects going into service or starting 
development in any given year will continue to grow. Based on 
discussions with members, ACP believes a majority of wind facilities 
will continue to adhere to the WEGs. Therefore, ACP suggests that the 
assumption on the number of projects each year going through WEG Tiers 
1-4 is too low. Tiers 1-2 should be increased to include at least all 
projects put into service each year (90 in 2020) and then increase that 
number by a factor of 5 or 10. Tiers 3-4 should also be increased to 
include all the projects placed into service in a given year.
    6. ACP provided an attachment that provides an estimate of the 
paperwork and respondent burden required for the wind industry to 
collect the data associated with the WEGs on a per project basis, based 
on discussions with project developers and consultants. Actual costs 
vary based on project details, company, consultant, regulatory 
requirements etc., however, ACP believes these updated estimates are a 
more accurate reflection of the costs necessary to adhere to the WEGs. 
ACP respectfully requested that the Service utilize these estimates, 
combined with other assumed costs (e.g., government agency costs) in 
this and any other analysis of the WEGs going forward.
    Agency Response to Comment 2: The Service provides the following 
responses corresponding to the comment number above:
    1. The Service appreciates this feedback on the utility of the WEGs 
and integration of these voluntary guidelines into wind industry 
development practices. No action necessary.
    2. The Service appreciates this feedback on the flexibility of the 
WEGs. We also note that use of the WEGs is voluntary, and when a 
developer decides to follow the tiered process outlined in the 
voluntary guidelines, decisions as to which Tiers are applicable at an 
individual project should be made in communication and coordination 
with the Service. No action necessary.
    3. The Service appreciates this feedback on the role of the WEGs. 
No action necessary.
    4. The Service will consider the data supplied by ACP regarding the 
annual number of respondents and make adjustments as appropriate.
    5. The Service appreciates the information provided by ACP 
regarding the anticipated increase in wind energy development in the 
U.S., and the feedback from the wind industry indicating that the WEGs 
will continue to be implemented by a majority of developers and 
operators in the U.S. We will adjust the number of respondents for each 
Tier of the WEGs as appropriate based on the information you have 
provided.
    6. The Service thanks ACP for compiling this information and will 
use the figures provided to adjust our estimates as appropriate.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we are again soliciting comments from the public and other 
Federal agencies on the proposed ICR that is described below. 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;

[[Page 35823]]

    (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 information technology, e.g., 
permitting electronic submission of response.
    Comments that you submit in response to this notice are a matter of 
public record. 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: As wind energy production increased, both developers and 
wildlife agencies recognized the need for a system to evaluate and 
address the potential negative impacts of wind energy projects on 
species of concern. As a result, the Service worked with the wind 
energy industry, conservation nongovernmental organizations, Federal 
and State agencies, Tribes, and academia to develop the voluntary Land-
Based Wind Energy Guidelines (Guidelines; http://www.fws.gov/windenergy) to provide a structured, scientific process for addressing 
wildlife conservation concerns at all stages of land-based wind energy 
development. Released in 2012, the Guidelines promote effective 
communication among wind energy developers and Federal, State, Tribal, 
and local conservation agencies. When used in concert with appropriate 
regulatory tools, the Guidelines are the best practical approach for 
conserving species of concern.
    The Guidelines discuss various risks to species of concern from 
wind energy projects, including collisions with wind turbines and 
associated infrastructure; loss and degradation of habitat from 
turbines and infrastructure; fragmentation of large habitat blocks into 
smaller segments that may not support sensitive species; displacement 
and behavioral changes; and indirect effects such as increased predator 
populations or introduction of invasive plants. The Guidelines assist 
developers in identifying species of concern that may potentially be 
affected by proposed projects, including but not limited to:
     Migratory birds;
     Bats;
     Bald and golden eagles, and other birds of prey;
     Prairie chickens and sage grouse; and
     Species that have been identified as candidates, or 
proposed or listed under the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq.).
    The Guidelines follow a tiered approach. The wind energy developer 
begins at Tier 1 or Tier 2, which entails the gathering of existing 
data to help identify any potential risks to wildlife and their 
habitats at proposed wind energy project sites. The developer then 
proceeds through subsequent tiers, as appropriate, to collect 
information in increasing detail until the level of risk is adequately 
ascertained to inform the developer's decision on whether or not to 
develop the site. Many projects may not proceed beyond Tier 1 or 2, 
when developers become aware of potential barriers, including high 
risks to wildlife. Developers would only have an interest in adhering 
to the Guidelines for those projects that proceed beyond Tier 1 or 2.
    At each tier, wind energy developers and operators should retain 
documentation to provide to the Service. Such documentation may include 
copies of correspondence with the Service, results of pre- and post-
construction studies conducted at project sites, bird and bat 
conservation strategies, or any other record that supports a 
developer's adherence to the Guidelines. The extent of the 
documentation will depend on the conditions of the site being 
developed. Sites with greater risk of impacts to wildlife and habitats 
will likely involve more extensive communication with the Service and 
longer durations of pre- and post-construction studies than sites with 
little risk.
    Distributed or community-scale wind energy projects are unlikely to 
have significant adverse impacts to wildlife and their habitats. The 
Guidelines recommend that developers of these small-scale projects 
conduct the desktop analysis described in Tier 1 or Tier 2 using 
publicly available information to determine whether they should 
communicate with the Service. Since such project designs usually 
include a single turbine associated with existing development, 
conducting a Tier 1 or Tier 2 analysis for distributed or community-
scale wind energy projects should incur limited non-hour burden costs. 
For such projects, if there is no potential risk identified, a 
developer will have no need to communicate with the Service regarding 
the project or to conduct studies described in Tiers 3, 4, and 5.
    Adherence to the Guidelines is voluntary. Following the Guidelines 
does not relieve any individual, company, or agency of the 
responsibility to comply with applicable laws and regulations (i.e., 
species protected by the Endangered Species Act and/or Bald and Golden 
Eagle Protection Act (16 U.S.C. 668-668c)).
    This information collection was first approved by OMB in 2012 and 
subsequently renewed twice, in 2015 and 2018.
    Title of Collection: Land-Based Wind Energy Guidelines.
    OMB Control Number: 1018-0148.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Developers and operators of wind 
energy facilities.
    Respondent's Obligation: Voluntary.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: $73,697,500. Costs will 
depend on the size and complexity of issues associated with each 
project. These expenses may include, but are not limited to: Travel 
expenses for site visits, studies conducted, and meetings with the 
Service and other Federal and State agencies; training in survey 
methodologies; data management; special transportation, such as all-
terrain vehicles or helicopters; equipment needed for acoustic, 
telemetry, or radar monitoring; and carcass storage.

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                                                                                    Completion
                                  Annual  number     Number of     Total annual      time per      Total annual
           Requirement            of respondents  responses each     responses       response      burden hours
                                                                                      (hours)
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Tier 1 (Desktop Analysis)                    630               1             630
    Reporting...................  ..............  ..............  ..............            52.5          33,075
    Recordkeeping...............  ..............  ..............  ..............               1             630

[[Page 35824]]

 
Tier 2 (Site characterization)
    Reporting...................             473               1             473             210          99,330
    Recordkeeping...............  ..............  ..............  ..............               3           1,419
Tier 3 (Pre-construction
 studies)
    Reporting...................              90               1              90           2,695         242,550
    Recordkeeping...............  ..............  ..............  ..............               5             450
Tier 4 (Post-construction
 fatality monitoring and habitat
 studies)
    Reporting...................              90               1              90           3,600         324,000
    Recordkeeping...............  ..............  ..............  ..............               5             450
Tier 5 (Other post-construction
 studies)
    Reporting...................               5               1               5           2,100          10,500
    Recordkeeping...............  ..............  ..............  ..............               5              25
        Totals..................           1,288  ..............           1,288  ..............         712,429
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    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. 2021-14410 Filed 7-6-21; 8:45 am]
BILLING CODE 4333-15-P