81094 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 

There will be a public comment 

period after each subcommittee update 

during the meeting on December 13, 

2023. Speakers are requested to limit 

their comments to two minutes or less 

to facilitate greater participation. Please 

note that the public comment period for 

speakers may end before the time 

indicated on the schedule that is posted 

on the CBP web page: http://

www.cbp.gov/trade/stakeholderengagement/coac. 

Agenda 

The COAC will hear from the current 

subcommittees on the topics listed 

below: 

1. The Intelligent Enforcement 

Subcommittee will provide updates on 

the work completed and topics 

discussed in its working groups as well 

as present proposed recommendations 

for COAC’s consideration. The 

Antidumping/Countervailing Duty (AD/ 

CVD) Working Group will provide 

updates regarding its work and 

discussions on importer compliance 

with AD/CVD requirements. The Bond 

Working Group will report on the 

ongoing discussions and status updates 

for eBond requirements and new 

guidance that CBP is developing for the 

trade community on setting bond 

amounts. The Intellectual Property 

Rights (IPR) Process Modernization 

Working Group will report on the 

development of a portal on the CBP IPR 

web page and other enhancements in 

communications between CBP, rights 

holders, and the trade community 

regarding enforcement actions, and 

anticipates providing proposed 

recommendations for the committee’s 

consideration regarding these matters. 

The Forced Labor Working Group 

(FLWG) will report on the progress of 

the implementation of prior 

recommendations made by COAC and 

anticipates providing new proposed 

recommendations for the committee’s 

consideration. 

2. The Next Generation Facilitation 

Subcommittee will provide updates on 

its working groups. The Passenger Air 

Operations (PAO) Working Group 

continues focusing its discussions on 

CBP security seal processing (E-seals 

and badges), elimination of outdated or 

obsolete forms, and global entry/trusted 

traveler programs and will provide an 

update on those discussions. The 

Customs Interagency Industry Working 

Group (CII) continues to work on 

identifying data redundancies to 

improve efficiencies for the government 

and the trade. Although the Automated 

Commercial Environment (ACE) 2.0 

Working Group has been on hiatus, they 

plan to meet during the quarter to have 

an internal review and will provide an 

update on ACE 2.0 and the remaining 

business case scenario status. 

3. The Rapid Response Subcommittee 

will provide updates from the Broker 

Modernization Working Group and the 

United States-Mexico-Canada 

Agreement (USMCA) Chapter 7 Working 

Group. The Broker Modernization 

Working Group meets regularly and 

continues to focus on Continuing 

Education for Licensed Customs Brokers 

and the Customs Broker Licensing 

Exams. The USMCA Working Group 

meets bi-weekly with the expectation 

that proposed recommendations will be 

developed and submitted for 

consideration at the COAC public 

meeting. The current focus of this 

working group is to review the Chapter 

7 articles of the USMCA and identify 

gaps in implementation between the 

United States, Mexico, and Canada. 

4. The Secure Trade Lanes 

Subcommittee will provide updates on 

its six active working groups: the Export 

Modernization Working Group, the InBond Working Group, the Trade 

Partnership and Engagement Working 

Group, the Pipeline Working Group, the 

Cross-Border Recognition Working 

Group, and the De Minimis Working 

Group. The Export Modernization 

Working Group has continued its work 

on the electronic export manifest pilot 

program and recently brought in 

colleagues from the Canadian Border 

Services Agency to discuss required 

data elements. The In-Bond Working 

Group has continued its focus on the 

implementation of prior 

recommendations made by COAC. The 

Trade Partnership and Engagement 

Working Group has begun its work on 

the elements of the Customs Trade 

Partnership Against Terrorism (CTPAT) 

security program. The Pipeline Working 

Group has been discussing the most 

appropriate ‘‘next step’’ commodities 

and potential users of Distributed 

Ledger Technology to engage once the 

pilot for tracking pipeline-borne goods 

deploys. The Cross-Border Recognition 

Working Group began to meet again to 

develop tasks specific to its statement of 

work. The De Minimis Working Group 

has continued its work on strengthening 

the supply chain and mitigating risks in 

the low-value package environment. 

Meeting materials will be available on 

December 4, 2023, at: http://

www.cbp.gov/trade/stakeholderengagement/coac/coac-public-meetings. 

Dated: November 15, 2023. 

Felicia M. Pullam, 

Executive Director, Office of Trade Relations. 

[FR Doc. 2023–25702 Filed 11–20–23; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6407–N–02] 

Public Interest, General Applicability 

Waiver of Build America, Buy America 

Provisions as Applied to Pacific Island 

Territory Recipients of HUD Federal 

Financial Assistance: Final Notification 

AGENCY: Office of the Secretary, U.S. 

Department of Housing and Urban 

Development (HUD). 

ACTION: Notice. 

SUMMARY: In accordance with the Build 

America, Buy America Act (BABA), this 

Final Notice advises that HUD is 

providing a public interest, general 

applicability waiver for a period of 15- 

months to the Buy America Domestic 

Content Procurement Preference (‘‘Buy 

America Preference,’’ or ‘‘BAP’’) as 

applied to Federal Financial Assistance 

(’’FFA’’) used for infrastructure projects 

in the Commonwealth of Northern 

Mariana Islands (‘‘CNMI’’), Guam, and 

American Samoa (hereinafter 

collectively ‘‘Pacific Island Territories’’). 

DATES: Applicable November 15, 2023. 

This waiver is effective for all FFA 

obligated by HUD on or after the 

effective date of this waiver and to the 

expenditure of funds on or after the 

effective date of this waiver for any FFA 

obligated by HUD prior to the effective 

date of this waiver, through the limited 

period of 15-months following the 

effective date of this waiver. 

FOR FURTHER INFORMATION CONTACT: 

Faith Rogers, Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room 10126, Washington, 

DC 20410–5000, at (202) 402–7082 (this 

is not a toll-free number). HUD 

welcomes and is prepared to receive 

calls from individuals who are deaf or 

hard of hearing, as well as individuals 

with speech and communication 

disabilities. To learn more about how to 

make an accessible telephone call, 

please visit https://www.fcc.gov/ 

consumers/guides/telecommunicationsrelay-service-trs. HUD encourages 

submission of questions about this 

document be sent to 

BuildAmericaBuyAmerica@hud.gov. 

SUPPLEMENTARY INFORMATION: 

I. Build America, Buy America 

The Build America, Buy America Act 

(‘‘BABA’’ or ‘‘the Act’’) was enacted on 

November 15, 2021, as part of the 

Infrastructure Investment and Jobs Act 

(‘‘IIJA’’) (Pub. L. 117–58). The Act 

establishes a domestic content 

procurement preference, the BAP, for 

Federal infrastructure programs. Section 


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Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 81095 

70914(a) of the Act establishes that no 

later than 180 days after the date of 

enactment, HUD must ensure that none 

of the funds made available for 

infrastructure projects may be obligated 

by the Department unless it has taken 

steps to ensure that the iron, steel, 

manufactured products, and 

construction materials used in a project 

are produced in the United States. In 

section 70912, the Act further defines a 

project to include ‘‘the construction, 

alteration, maintenance, or repair of 

infrastructure in the United States’’ and 

includes within the definition of 

infrastructure those items traditionally 

included along with buildings and real 

property. Thus, starting May 14, 2022, 

new awards of HUD FFA, and any of 

those funds newly obligated by HUD 

then obligated by the grantee for 

infrastructure projects, are covered 

under BABA provisions of the Act, 41 

U.S.C. 8301 note, unless covered by a 

waiver. 

II. HUD’s Progress in Implementation of 

the Act Generally 

Since the enactment of the Act, HUD 

has worked diligently to develop a plan 

to fully implement the BAP across its 

FFA programs. HUD understands that 

advancing Made in America objectives 

is a continuous effort and believes 

setting forth a transparent schedule of 

future implementation for FFA 

programs provides recipients, 

stakeholders, and industry partners with 

the time and notice necessary to 

efficiently and effectively implement 

the BAP in Pacific Island Territories, 

which are Commonwealth of Northern 

Mariana Islands (CNMI), Guam, and 

American Samoa. Additionally, HUD 

understands that Pacific Island 

Territories have significant 

complications accessing construction 

materials, manufactured products, and 

steel needed for infrastructure projects. 

HUD recently announced plans to move 

forward with the implementation of the 

new BAP requirements in connection 

with its award of FFA to non-Tribal 

recipients in a manner designed to 

maximize coordination and 

collaboration to support long-term 

investments in domestic production. 

HUD continues its efforts to implement 

the Act in those programs consistent 

with the guidance and requirements of 

the Made in America Office of the Office 

of Management and Budget, including 

guidance concerning compliance with 

the BAP. 

In order to ensure orderly 

implementation of the BAP across 

HUD’s FFA programs, HUD has 

provided public interest, general 

applicability waivers in order to 

implement the BAP in phases in 

connection with the application of the 

BAP in such programs and announced 

a corresponding implementation plan. 

As part of those efforts, HUD has 

published two general applicability, 

public interest waivers covering Exigent 

Circumstances and De Minimis and 

Small Grants, which can be found at 

https://www.hud.gov/program_offices/ 

general_counsel/build_america_buy_

america/waiver. 

Additionally, HUD proposes that it is 

in the public interest to waive the BABA 

requirements for FFA awarded for 

infrastructure projects in Pacific Island 

Territories while HUD works to gather 

more information on supply chains, 

costs, and impacts. This proposed 

waiver is critical to provide the time for 

HUD to collect and analyze evidence to 

determine if a more targeted waiver of 

these requirements is in the public 

interest. This waiver would provide the 

time for the agency to collect and 

analyze evidence to determine if a more 

targeted waiver of these requirements is 

in the public interest. The waiver would 

also allow time for the agency to offer 

technical assistance to potential 

assistance recipients in the remote 

communities in the Pacific Island 

Territories. The waiver would also 

allow time for HUD to offer technical 

assistance to reduce the administrative 

burden to recipients for projects in the 

remote Pacific Island Territories were 

complying with the domestic sourcing 

requirements in BABA presents 

challenges. HUD is concerned that 

failure to provide these remote 

infrastructure projects such flexibilities 

could perpetuate systemic barriers to 

opportunities and benefits and limit 

HUD’s ability to deliver resources and 

benefits equitably to all in these Pacific 

Island Territories. Additionally, HUD 

may need to dedicate significant staff 

and contractor time to assist extremely 

remote Pacific Island Territories with 

implementing preference requirements 

for the first time and to support the 

increased workload to process projectspecific waivers. As such, HUD is 

interested in determining if these 

concerns justify a targeted waiver and 

whether its initial assessment may or 

may not be borne out by evidence. 

III. Waivers 

Under section 70914(b), HUD and 

other Federal agencies have authority to 

waive the application of a domestic 

content procurement preference when 

(1) application of the preference would 

be contrary to the public interest, (2) the 

materials and products subject to the 

preference are not produced in the 

United States at a sufficient and 

reasonably available quantity or 

satisfactory quality, or (3) inclusion of 

domestically produced materials and 

products would increase the cost of the 

overall project by more than 25 percent. 

Section 70914(c) provides that a waiver 

under section 70914(b) must be 

published by the agency with a detailed 

written explanation for the proposed 

determination and provide an 

appropriate public comment period of 

15 or 30 days depending on the 

substance of the waiver. 

IV. Pacific Island Territories 

Infrastructure and HUD Programs 

Economies in the Pacific Islands are 

over 5,000 miles from the mainland 

United States and must import products 

via air or sea. These economies have few 

local heavy manufacturers and largely 

rely on established regional supply 

chains from east Asia, Australia, and 

New Zealand. Most goods, equipment 

materials and supplies are imported and 

rely on shipping with associated 

timelines and unpredictable shipping 

fuel costs fluctuations. Moreover, 

materials sourced from the United 

States lead to additional shipping fees 

and longer lead times, thus significantly 

extending construction activity 

schedules. Lastly, ongoing gaps in 

supply chain availability impact lead 

times for materials, increasing project 

timelines. For these reasons, the agency 

is concerned that complying with the 

domestic sourcing requirements in 

BABA may increase already elevated 

project time and costs—particularly in 

the short run—and seeks time to better 

understand the local manufacturing 

footprint and the balance of equities for 

residents of the Pacific Island 

Territories. 

HUD is aware that substantial changes 

to shipping and supply chains to 

incorporate domestic sourcing 

requirements for infrastructure projects 

in Pacific Island Territories could take 

multiple years to establish. For example, 

these economies have few local heavy 

manufacturers and largely rely on 

established regional supply chains. 

With the distance of economies in the 

Pacific Island Territories, these 

communities must import products via 

air or sea. Most goods, equipment, 

materials, and supplies are imported 

and rely on shipping with associated 

timelines and unpredictable shipping 

fuel cost fluctuations. Moreover, 

materials sourced from the United 

States may lead to additional shipping 

fees and longer lead times, thus 

significantly extending construction 

activity schedules. For these reasons, 

HUD is seeking time to better 

understand the local manufacturing 


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81096 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 

1See https://www.hud.gov/sites/dfiles/GC/ 

documents/6331-N-06%20Phased

%20Implementation%20Waiver.pdf. 

2See https://www.hud.gov/program_offices/ 

comm_planning/budget. 

footprint and the balance of equities for 

residents of the Pacific Island 

Territories. 

For example, HUD Community 

Planning and Development Formula 

Program Allocations for Pacific Island 

Territories include Community 

Development Block Grant (‘‘CDBG’’), 

HOME, Emergency Solutions Grant 

(‘‘ESG’’), Housing Opportunities for 

Persons With AIDS Program 

(‘‘HOPWA’’), and Housing Trust Fund 

(‘‘HTF’’). As shown below, there are 

HUD CDBG formula grant recipients 

that are subject to the BAP pursuant to 

HUD’s Public Interest Phased 

Implementation Waiver 1 of Build 

America, Buy America Provisions as 

Applied to Recipients of HUD Federal 

Financial Assistance, for the purchase of 

iron or steel products in infrastructure 

projects funded by CDBG formula grants 

obligated by HUD on or after November 

15, 2022. For HOME and HTF, BABA 

applicability will be in effect for funds 

obligated by HUD on or after August 23, 

2024. For all other HUD FFA including 

ESG and HOPWA, BABA applicability 

will be in effect for FFA used to 

purchase iron and steel used in 

infrastructure projects for funds 

obligated by HUD on February 22, 2024. 

Subsequently, BABA applicability will 

be in effect for HUD FFA obligated on 

or after August 23, 2024, for 

construction materials and 

manufactured products. Therefore, 

without a waiver, HUD FFA used in 

Pacific Island Territories for 

infrastructure projects will be subject to 

the BAP.2

Additionally, the Public and Indian 

Housing (‘‘PIH’’) Program Allocations 

for Pacific Island Territories include the 

Guam Housing & Urban Renewal 

Authority in Guam and the Northern 

Marianas Housing Corporation in the 

CNMI. Pursuant to the phased 

implementation waiver, BABA 

applicability will be in effect for funds 

obligated by HUD on or after August 23, 

2024, for public housing FFA used to 

purchase iron and steel, construction 

materials, and manufactured products 

for maintenance projects. 

The above-named programs are 

critical because they allow HUD to 

support affordable housing and 

infrastructure needs in these specific 

Pacific Island Territories—particularly 

for the benefit of low- and moderateincome families. As of November 15, 

2022, the BAP applies to CDBG formula 

grants used to purchase iron and steel 

for infrastructure projects. Accordingly, 

HUD must ensure that Pacific Island 

Territories Recipients are able to 

effectively implement the BAP in a 

manner that ensures that the purposes 

of BABA are carried out, while at the 

same time preventing additional undue 

barriers to the development of Pacific 

Island Territories infrastructure, which 

has suffered from decades of 

underinvestment. 

HUD has determined that additional 

time is needed to fully assess the 

impacts that the BAP will have on 

Pacific Island Territories recipients and 

to plan for the efficient and orderly 

implementation of the BAP. With the 

benefit of HUD’s recently published 

phased implementation waiver and 

Tribal consultation waiver extension, 

HUD seeks additional time to seek 

feedback from Pacific Island Territories, 

and funding recipients on whether and 

when HUD should take a similar phased 

approach with respect to the 

implementation of the BAP under its 

Pacific Island Territories programs. 

V. Public Interest in a General 

Applicability Waiver of Buy America 

Provisions for Pacific Island Territories 

Recipients 

In this Final Notice, HUD is providing 

a new and limited, 15-month public 

interest, general applicability waiver of 

the BAP in connection with HUD’s FFA 

used for infrastructure in Pacific Island 

Territories. Infrastructure is an eligible 

activity under some of the above-named 

programs and will be subject to the 

BAP. Because the application of BAP 

mandated by the Act is new to all HUD 

FFA for Pacific Island Territories 

infrastructure projects, HUD needs 

additional time to engage Pacific Island 

Territories about the application of the 

BAP for Pacific Island Territories 

projects it is imperative to determine 

how the BAP should be effectively 

applied to HUD’s various FFA for 

Pacific Island Territories projects, how 

the BAP should be phased in to allow 

for successful implementation, and how 

compliance will be verified—all in a 

way to enhance infrastructure projects 

in these areas. As such, there is a 

significant need for HUD to further 

engage with Pacific Island Territories 

recipients. HUD now has the benefit of 

having fully considered an appropriate 

method of phased implementation 

across its other FFA programs and has 

begun the methodical implementation 

of the BAP in those other FFA programs. 

At the same time, HUD has determined 

that it is in the public’s interest to not 

apply the BAP to FFA awarded for 

infrastructure projects in Pacific Island 

Territories prior to additional 

engagement. 

VI. Planned Pacific Island Territory 

Engagement 

Based on HUD’s observations it is 

necessary for HUD to solicit feedback 

from Pacific Island Territories on issues 

including how to effectively implement 

the BAP for extremely remote 

communities, such as American Samoa. 

HUD acknowledges that Pacific Island 

Territories have major concerns about 

availability of American-made products 

from the U.S. Mainland and continue to 

struggle with challenges because of their 

distance away from main supply 

sources. Pacific Island Territories are 

already facing major challenges with 

accessing construction materials, and 

major cost overruns due to a lack of 

available materials—particularly in 

remote Pacific Island Territories. 

During the 15-month waiver period, 

HUD will thoroughly engage Pacific 

Island Territories housing practitioners, 

stakeholders, and FFA recipients. HUD 

will do so by soliciting feedback from 

Pacific Island Territories and 

stakeholders specifically addressing the 

impact of the BAP on HUD’s Pacific 

Island Territories programs. After 

engaging and receiving feedback, HUD 

will seek to implement the BAP in a 

manner that advances the Made in 

America objectives which can also 

support local supply chains. HUD will 

implement the BAP in a thoughtful 

manner that ensures that Pacific Island 

Territories recipients can effectively 

implement the BAP without 

substantially negative impacts on 

planned and ongoing critical 

infrastructure projects. HUD will also 

seek to provide additional technical 

assistance resources to ensure that 

Pacific Island Territories recipients can 

build capacity and be in a better 

position to comply with the BAP. 

VII. Assessment of Cost Advantage of a 

Foreign-Sourced Product 

Under OMB Memorandum M–22–11, 

‘‘Memorandum for Heads of Executive 

Departments and Agencies,’’ published 

on April 18, 2022, agencies are expected 

to assess ‘‘whether a significant portion 

of any cost advantage of a foreignsourced product is the result of the use 

of dumped steel, iron, or manufactured 

products or the use of injuriously 

subsidized steel, iron, or manufactured 

products’’ as appropriate before granting 

a public interest waiver. HUD’s analysis 

has concluded that this assessment is 

not applicable to this waiver, as this 

waiver is not based on the cost of 

foreign-sourced products. 


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Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 81097 

VIII. Limited Duration of the Waiver 

The duration of the waiver is 15- 

months after the effective date of the 

final waiver. HUD remains committed to 

the successful implementation of the 

important BAP across its programs 

providing covered FFA for 

infrastructure projects, while 

recognizing the unique needs and 

geographically related challenges of 

Pacific Island Territories. HUD is 

committed to engaging with Pacific 

Island Territories, stakeholders, and 

FFA recipients as noted above to further 

this goal during this 15-month waiver 

period. HUD will review this waiver in 

12 months to assess whether it remains 

necessary to the fulfillment of HUD’s 

missions and goals and consistent with 

applicable legal authorities, such as the 

IIJA, Executive Order 14005, and OMB 

M–22–11. HUD may, based on the 

results of that review, terminate the 

waiver, or take action to develop a new 

waiver in consultation with the MIAO. 

IX. Solicitation of Comments 

HUD solicited comments from the 

public on its proposed waiver described 

in a Notice publicly available on its 

website for a period of 30 days from 

August 2, 2023 to September 1, 2023, 

and published in the Federal Register. 

A total of two comments were received 

in response to the proposed waiver. 

HUD thoroughly reviewed and 

considered each of the comments in 

determining to move forward with the 

issuance of this waiver and 

implementation plan as published in 

this Final Notice. One commenter was 

supportive of the waiver. One 

commenter was opposed to the waiver 

with respect to steel, citing 

underutilized domestic capacity for the 

steel industry. The commenter 

suggested if a steel product were not 

available from domestic sources, a grant 

recipient could pursue a productspecific nonavailability waiver for that 

item. HUD appreciates the comments 

and did not make any substantive 

changes to the waiver based on the 

comments received. The proposed 

waiver had a duration of 18-months. 

HUD is issuing the final waiver with a 

duration of 15-months to better align 

with the coordinated strategy for the 

issuance of this waiver type across the 

Federal Government. HUD believes the 

15-month waiver of the application of 

the BAP as set forth in this Final Notice 

is appropriate and in the public interest 

in light of the importance of HUD’s 

planned engagement with Pacific Island 

Territories and recipients. HUD will 

continue to monitor the implementation 

of the BAP across its programs to ensure 

the most robust application possible in 

light of the important public interests 

discussed above. 

Dated: November 15, 2023. 

Marcia L. Fudge, 

Secretary. 

[FR Doc. 2023–25650 Filed 11–20–23; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R4–ES–2023–0197; 

FXES11140400000–245–FF04EF4000] 

Receipt of Incidental Take Permit 

Application and Proposed Habitat 

Conservation Plan for the Sand Skink 

and Blue-Tailed Mole Skink; Polk 

County, FL; Categorical Exclusion 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce receipt of 

an application from Mountain Lake 

Corporation (Olmsted Ridge Site 

Expansion) (applicant) for an incidental 

take permit (ITP) under the Endangered 

Species Act. The applicant requests the 

ITP to take the federally listed sand 

skink (Neoseps reynoldsi) and bluetailed mole skink (Eumeces egregius 

lividus) incidental to the construction of 

a housing development in Polk 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 December 21, 

2023. 

ADDRESSES: 

Obtaining Documents: You may 

obtain copies of the documents online 

in Docket No. FWS–R4–ES–2023–0197 

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–2023–0197; 

• U.S. mail: Public Comments 

Processing, Attn: Docket No. FWS–R4– 

ES–2023–0197; U.S. Fish and Wildlife 

Service, MS: PRB/3W, 5275 Leesburg 

Pike, Falls Church, VA 22041–3803. 

FOR FURTHER INFORMATION CONTACT: Erin 

Gawera, by U.S. mail (see ADDRESSES), 

by telephone at 904–731–3121 or via 

email at erin_gawera@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 

Mountain Lake Corporation (Olmsted 

Ridge Site Expansion) (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 

federally listed sand skinks (Neoseps 

reynoldsi) and blue-tailed mole skinks 

(Eumeces egregius lividus) (skinks) 

incidental to the construction and 

operation of a housing development in 

Polk 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 skinks via the conversion of 

approximately 11 acres (ac) of occupied 

nesting, foraging, and sheltering skink 

habitat incidental to the construction 

and operation of a housing development 


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