2174 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices 

activities with endangered or threatened 

species for scientific purposes that 

promote recovery or for enhancement of 

propagation or survival of the species. 

These activities often include such 

prohibited actions as capture and 

collection. Our regulations 

implementing section 10(a)(1)(A) for 

these permits are found in the Code of 

Federal Regulations (CFR) at 50 CFR 

17.22 for endangered wildlife species, 

50 CFR 17.32 for threatened wildlife 

species, 50 CFR 17.62 for endangered 

plant species, and 50 CFR 17.72 for 

threatened plant species. 

Permit Applications Available for 

Review and Comment 

Proposed activities in the following 

permit requests are for the recovery and 

enhancement of propagation or survival 

of the species in the wild. The ESA 

requires that we invite public comment 

before issuing these permits. 

Accordingly, we invite local, State, 

Tribal, and Federal agencies and the 

public to submit written data, views, or 

arguments with respect to these 

applications. The comments and 

recommendations that will be most 

useful and likely to influence agency 

decisions are those supported by 

quantitative information or studies. 

Application 

number Applicant, city, state Species Location Take activity Permit action 

ES012136 ....... Oregon Department of Environmental Quality, Hillsboro, OR.Lost River sucker (Deltistes 

luxatus), Shortnose sucker 

(Chasmistes brevirostris).

Oregon .......... Harass by capture, handle, 

collect physical metrics, release, and salvage.

Renew. 

ES67121B ...... Pacific Rim Conservation, 

Honolulu, HI.

Hawaiian petrel (Pterodroma 

sandwichensis), O1ahu 

‘elepaio (listed in 50 CFR 

17 as Oahu elepaio 

(Chasiempis ibidis)).

Hawaii ........... Hawaiian petrel: Harass by 

survey, monitor, capture, 

handle, collect physical 

metrics, biosample, band, 

translocate, captive propagate, release, and deploy 

social attraction system.

Amend. 

O1ahu ‘elepaio: Harass by 

survey, monitor, capture, 

band, collect physical 

metrics, biosample, attach 

transmitters, and release. 

Public Availability of Comments 

Written comments we receive become 

part of the administrative 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. 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. 

Next Steps 

If we decide to issue a permit to an 

applicant listed in this notice, we will 

publish a notice in the Federal Register. 

Authority 

We publish this notice under section 

10(c) of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Katherine Norman, 

Assistant Regional Director–Ecological 

Services, Pacific Region. 

[FR Doc. 2022–00622 Filed 1–12–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R8–ES–2021–0169; 

FXES11140800000–223–FF08ECAR00] 

Endangered and Threatened Wildlife 

and Plants; Incidental Take Permit 

Application; Proposed Low-Effect 

Habitat Conservation Plan and 

Associated Documents; County of San 

Diego, California 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have received 

an application from the Ramona 

Municipal Water District (applicant) for 

a 4-year incidental take permit for the 

endangered Stephens’ kangaroo rat and 

arroyo toad pursuant to the Endangered 

Species Act of 1973, as amended (Act). 

We are requesting comments on the 

permit application and on the 

preliminary determination that the 

proposed habitat conservation plan 

(HCP) qualifies as a ‘‘low-effect’’ HCP, 

eligible for a categorical exclusion under 

the National Environmental Policy Act 

of 1969, as amended. The basis for this 

determination is discussed in the 

environmental action statement and the 

associated low-effect screening form, 

which are also available for public 

review. 

DATES: We will accept comments 

received or postmarked on or before 

February 14, 2022. 

ADDRESSES: Obtaining Documents: 

Electronic copies of the documents this 

notice announces, along with public 

comments received, will be available 

online in Docket No. FWS–R8–ES– 

2021–0169 at https://

www.regulations.gov. 

Submitting Comments: You may 

submit comments by one of the 

following methods: 

• Online: https://

www.regulations.gov. Search for and 

submit comments on Docket No. FWS– 

R8–ES–2021–0169. 

• By hard copy: Submit comments by 

U.S. mail to Public Comments 

Processing, Attn: Docket No. FWS–R8– 

ES–2021–0169; U.S. Fish and Wildlife 

Service; 5275 Leesburg Pike, MS: PRB/ 

3W; Falls Church, VA 22041–3803. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan Snyder, Assistant Field 

Supervisor, Carlsbad Fish and Wildlife 

Office (see ADDRESSES); telephone: 760– 


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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices 2175 

431–9440. If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

have received an application from the 

Ramona Municipal Water District 

(applicant) for a 4-year incidental take 

permit for two covered species pursuant 

to section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended (Act; 

16 U.S.C. 1531 et seq.). The application 

addresses the potential ‘‘take’’ of the 

endangered Stephens’ kangaroo rat and 

arroyo toad in the course of activities 

associated with installation of a 20-inchdiameter effluent pipeline in San Diego 

County, California. A conservation 

program to avoid, minimize, and 

mitigate for project activities would be 

implemented as described in the habitat 

conservation plan (HCP) prepared by 

the applicant. 

We are requesting comments on the 

permit application and on the 

preliminary determination that the 

proposed HCP qualifies as a ‘‘loweffect’’ HCP, eligible for a categorical 

exclusion under the National 

Environmental Policy Act (NEPA) of 

1969, as amended. The basis for this 

determination is discussed in the 

environmental action statement (EAS) 

and associated low-effect screening 

form, which are also available for public 

review. 

Background 

Section 9 of the Act and its 

implementing Federal regulations 

prohibit the ‘‘take’’ of animal species 

listed as endangered or threatened. Take 

is defined under the Act as to ‘‘harass, 

harm, pursue, hunt, shoot, wound, kill, 

trap, capture, or collect listed animal 

species, or to attempt to engage in such 

conduct’’ (16 U.S.C. 1538). ‘‘Harm’’ 

includes significant habitat modification 

or degradation that actually kills or 

injures listed wildlife by significantly 

impairing essential behavioral patterns 

such as breeding, feeding, or sheltering 

(50 CFR 17.3). However, under section 

10(a) of the Act, the Service may issue 

permits to authorize incidental take of 

listed species. ‘‘Incidental take’’ is 

defined by the Act as take that is 

incidental to, and not the purpose of, 

carrying out an otherwise lawful 

activity. Regulations governing 

incidental take permits for threatened 

and endangered species, respectively, 

are found in the Code of Federal 

Regulations at 50 CFR 17.22 and 50 CFR 

17.32. 

The applicant requests a 4-year permit 

under section 10(a)(1)(B) of the Act. If 

we approve the permit, Stephens’ 

kangaroo rat (Dipodomys stephensi) 

may be taken as a result of temporary 

impacts to 8.61 acres (ac) of habitat the 

species uses for breeding, feeding, and 

sheltering. Because potential incidental 

take is unlikely to be observed in 

burrows, the take limit will be set by 

habitat, and we estimate the number of 

individuals taken based on estimated 

density. Within 8.61-acre area, average 

Stephens’ kangaroo rat density is 

categorized as low to trace (0–5 

individuals per acre). In addition, 

arroyo toads {a. southwestern t. 

[Anaxyrus californicus (Bufo 

microscaphus c.)]} may be taken within 

the 11.59-acre project impact area. No 

arroyo toad breeding habitat will be 

impacted, but some individuals may be 

aestivating (a prolonged period of 

dormancy) within the project area. Any 

individual arroyo toads observed within 

the project area will be translocated to 

nearby suitable habitat. The take would 

be incidental to the applicant’s activities 

associated with installation of a 20-inchdiameter effluent pipeline in San Diego 

County, California. The project includes 

in-perpetuity preservation and 

management of 8.61 ac of Stephens’ 

kangaroo rat habitat within a 79-ac 

preserve managed for the species, and 

invasive species management in support 

of the arroyo toad. 

The proposed project will temporarily 

impact 11.59 ac of land through 

trenching and placement of the 

pipeline, including 8.61 ac of Stephens’ 

kangaroo rat habitat. Arroyo toads have 

been observed in wetland habitat near 

the proposed project site, and 

individual arroyo toad(s) may be 

aestivating underground within the 

project area and may be impacted 

during construction. 

To minimize the effects of project 

construction on the Stephens’ kangaroo 

rat, the proposed HCP includes fencing 

of the work area as well as trapping and 

relocation of individual Stephens’ 

kangaroo rats prior to construction 

impacts. The applicant proposes to 

mitigate for permanent impacts to 

8.61 ac of occupied Stephens’ kangaroo 

rat habitat through preservation of 

8.61 ac of occupied Stephens’ kangaroo 

rat habitat within a nearby conservation 

easement and funding of long-term 

management to benefit the species. 

To minimize take of arroyo toad, the 

proposed HCP includes measures to 

install arroyo toad exclusionary fencing 

around the work area and trap and 

relocate any arroyo toads in the work 

area prior to construction impacts. To 

mitigate impacts to arroyo toad, the 

applicant’s proposed HCP includes 

measures to eliminate invasive species 

that prey upon arroyo toads in a nearby 

pond that is known to support arroyo 

toad breeding. 

Proposed Action and Alternatives 

The proposed action consists of the 

issuance of an incidental take permit 

and implementation of the proposed 

HCP, which includes measures to avoid, 

minimize, and mitigate impacts to the 

Stephens’ kangaroo rat and arroyo toad. 

If we approve the permit, take of 

Stephens’ kangaroo rat and arroyo toad 

would be authorized for the applicant’s 

activities associated with the pipeline 

installation project. In the proposed 

HCP, the applicant considered the No 

Action Alternative. Under the No 

Action Alternative, no incidental take of 

Stephens’ kangaroo rat or arroyo toad 

would occur, and no long-term 

protection and management would be 

afforded to the species. Under this 

alternative, the applicant would not be 

able to meet the growth and 

development needs of San Diego 

County. 

Our Preliminary Determination 

The Service has made a preliminary 

determination that approval of the 

proposed HCP qualifies as a categorical 

exclusion under NEPA, as provided by 

the Department of the Interior Manual 

(516 DM 2 Appendix 1 and 516 DM 6 

Appendix 1) and as a ‘‘low-effect’’ plan 

as defined by the Habitat Conservation 

Planning Handbook (November 1996). 

We base our determination that an 

HCP qualifies as a low-effect plan on the 

following three criteria: 

(1) Implementation of the HCP would 

result in minor or negligible effects on 

federally listed, proposed, and 

candidate species and their habitats; 

(2) Implementation of the HCP would 

result in minor or negligible effects on 

other environmental values or 

resources; and 

(3) Impacts of the HCP, considered 

together with the impacts of other past, 

present, and reasonably foreseeable 

similarly situated projects, would not 

result, over time, in cumulative effects 

to environmental values or resources 

that would be considered significant. 

Based upon this preliminary 

determination, we do not intend to 

prepare further NEPA documentation. 

We will consider public comments in 

making the final determination on 

whether to prepare such additional 

documentation. 

Next Steps 

We will evaluate the proposed HCP 

and comments we receive to determine 

whether the permit application meets 

the requirements and issuance criteria 

under section 10(a) of the Act (16 U.S.C. 


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2176 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices 

1531 et seq.). We will also evaluate 

whether issuance of a section 10(a)(1)(B) 

incidental take permit would comply 

with section 7 of the Act by conducting 

an intra-Service consultation. We will 

use the results of this consultation, in 

combination with the above findings, in 

our final analysis to determine whether 

or not to issue a permit. If the 

requirements and issuance criteria 

under section 10(a) are met, we will 

issue the permit to the applicant for 

incidental take of Stephens’ kangaroo 

rat and arroyo toad. 

Public Comments 

If you wish to comment on the permit 

application, proposed HCP, and 

associated documents, you may submit 

comments by any of the methods noted 

in the ADDRESSES section. 

Public Availability of Comments 

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 may 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. 

Authority 

We provide this notice under section 

10 of the Act (16 U.S.C. 1531 et seq.) 

and NEPA regulations (40 CFR 1506.6). 

Scott Sobiech, 

Field Supervisor, Carlsbad Fish and Wildlife 

Office, Carlsbad, California. 

[FR Doc. 2022–00623 Filed 1–12–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

[RR04093000, XXXR4081G3, 

RX.05940913.FY19400] 

Public Meeting of the Glen Canyon 

Dam Adaptive Management Work 

Group 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act of 

1972, the Bureau of Reclamation 

(Reclamation) is publishing this notice 

to announce that a Federal Advisory 

Committee meeting of the Glen Canyon 

Dam Adaptive Management Work 

Group (AMWG) will take place. 

DATES: The meeting will be held 

virtually on Wednesday, February 9, 

2022, from 9:30 a.m. to approximately 

5:00 p.m. (MST); and Thursday, 

February 10, 2022, from 9:30 a.m. to 

approximately 4:00 p.m. (MST). 

ADDRESSES: The meeting on Wednesday, 

February 9 will be held virtually and 

can be accessed at: https://

rec.webex.com/rec/j.php?MTID=

m2c4bb5a96cb62db32dbc28e2f608767e, 

Meeting Number: 2764 737 4054, 

Password: Feb9. 

The meeting on Thursday, February 

10 will be held virtually and can be 

accessed at: https://rec.webex.com/rec/ 

j.php?MTID=md4caa110511fe90f209f9

c96705fa4c6, Meeting Number: 2764 

343 6382, Password: Feb10. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lee Traynham, Bureau of Reclamation, 

telephone (801) 524–3752, email at 

ltraynham@usbr.gov. 

SUPPLEMENTARY INFORMATION: The Glen 

Canyon Dam Adaptive Management 

Program (GCDAMP) was implemented 

as a result of the Record of Decision on 

the Operation of Glen Canyon Dam 

Final Environmental Impact Statement 

to comply with consultation 

requirements of the Grand Canyon 

Protection Act (Pub. L. 102–575) of 

1992. The AMWG makes 

recommendations to the Secretary of the 

Interior concerning Glen Canyon Dam 

operations and other management 

actions to protect resources downstream 

of Glen Canyon Dam, consistent with 

the Grand Canyon Protection Act. The 

AMWG meets two to three times a year. 

Agenda: The AMWG will meet to 

receive updates on: (1) Current basin 

hydrology and water year 2022 

operations; (2) experiments considered 

for implementation in 2022; (3) the 

status of threatened and endangered 

species; (4) long-term funding 

considerations; and (5) science results 

from Grand Canyon Monitoring and 

Research Center staff. The AMWG will 

also discuss other administrative and 

resource issues pertaining to the 

GCDAMP. To view a copy of the agenda 

and documents related to the above 

meeting, please visit Reclamation’s 

website at https://www.usbr.gov/uc/ 

progact/amp/amwg.html. 

Meeting Accessibility/Special 

Accommodations: The meeting is open 

to the public. Individuals requiring 

special accommodations to access the 

public meeting should contact Ms. Lee 

Traynham (see FOR FURTHER

INFORMATION CONTACT) at least (5) 

business days prior to the meeting so 

appropriate arrangements can be made. 

Public Disclosure of Comments: Time 

will be allowed on both days for any 

individual or organization wishing to 

make extemporaneous and/or formal 

oral comments. To allow for full 

consideration of information by the 

AMWG members, written notice should 

be provided to Ms. Lee Traynham (see 

FOR FURTHER INFORMATION CONTACT) 

prior to the meeting. Depending on the 

number of persons wishing to speak, 

and the time available, the time for 

individual comments may be limited. 

Any written comments received will be 

provided to the AMWG members. 

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. 

Authority: 5 U.S.C. Appendix 2. 

Lee Traynham, 

Chief, Adaptive Management Group, 

Resources Management Division, Upper 

Colorado Basin—Interior Region 7. 

[FR Doc. 2022–00507 Filed 1–12–22; 8:45 am] 

BILLING CODE 4332–90–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–1289] 

Certain Knitted Footwear; Institution of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

December 8, 2021, under section 337 of 

the Tariff Act of 1930, as amended, on 

behalf of Nike, Inc. of Beaverton, 

Oregon. The complaint alleges 

violations of section 337 based upon the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain knitted footwear by reason of 

infringement of certain claims of U.S. 

Patent No. 9,918,511 (‘‘the ’511 patent’’); 

U.S. Patent No. 9,743,705 (‘‘the ’705 

patent’’); U.S. Patent No. 8,266,749 (‘‘the 

’749 patent’’); U.S. Patent No. 7,814,598 

(‘‘the ’598 patent’’); U.S. Patent No. 

9,060,562 (‘‘the ’562 patent’’); and U.S. 

Patent No. 8,898,932 (‘‘the ’932 patent’’). 

The complaint further alleges that an 

industry in the United States exists as 

required by the applicable Federal 


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