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

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

July 7, 2021

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

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.

Full Text

<html>
<head>
<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35821-35824]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14410]

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

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.

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

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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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
<a href="/cdn-cgi/l/email-protection#074e6961685844686b6b4761707429606871"><span class="__cf_email__" data-cfemail="b5fcdbd3daeaf6dad9d9f5d3c2c69bd2dac3">[email&#160;protected]</span></a>. 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
<a href="/cdn-cgi/l/email-protection#89c0e7efe6d6cae6e5e5c9effefaa7eee6ff"><span class="__cf_email__" data-cfemail="a7eec9c1c8f8e4c8cbcbe7c1d0d489c0c8d1">[email&#160;protected]</span></a>, 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 <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>.

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; <a href="http://www.fws.gov/windenergy">http://www.fws.gov/windenergy</a>) 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:
<bullet> Migratory birds;
<bullet> Bats;
<bullet> Bald and golden eagles, and other birds of prey;
<bullet> Prairie chickens and sage grouse; and
<bullet> 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.

----------------------------------------------------------------------------------------------------------------
Completion
Annual number Number of Total annual time per Total annual
Requirement of respondents responses each responses response burden hours
(hours)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

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

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on July 7, 2021.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.