Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Notices 26223 

may be subject to the BAP. HUD 

believes that full compliance with the 

BAP will create ongoing demand for 

domestically produced products and 

deepen domestic supply chains. 

Because the potential application of 

BAP mandated by the Act would be new 

to the majority of HUD’s programs and 

Federal Financial Assistance, HUD has 

not had the benefit of engaging in 

consultation pursuant to its Tribal 

Consultation policy concerning the 

application of the BAP to Tribes, 

TDHEs, and other Tribal Entities. 

Because of the significance and 

potentially wide scope of new 

requirements necessary to demonstrate 

compliance with BAP or to seek waivers 

of BAP for specific products or projects, 

it is imperative that HUD take time to 

engage in Tribal consultation and then 

fully consider information gathered 

through such consultation in 

determining how best to ensure 

compliance with the Act in connection 

with Federal Financial Assistance 

awards to Tribes, TDHEs, and other 

Tribal Entities. HUD believes that the 

Tribal consultation process is key to the 

successful implementation of the BAP 

across its covered Federal Financial 

Assistance programs funding 

infrastructure projects and that a full 

and meaningful Tribal consultation 

process will allow HUD to determine 

the potential impact of the Act’s Buy 

America Preference on Tribal 

governments and communities and will 

inform a tailored implementation for 

Tribal recipients that recognizes the 

sovereignty and unique status of Tribal 

governments. Therefore, HUD has 

determined that it would be contrary to 

the public’s interest to apply the BAP 

prior to completion of these Tribal 

consultation processes. HUD is hereby 

waiving the application of the BAP to its 

Federal Financial Assistance awards to 

Tribes, TDHEs, and other Tribal Entities 

obligated for the duration of this waiver 

to allow sufficient time for completion 

of the Tribal consultation processes 

regarding how BAP should be applied to 

Tribes, TDHEs, and other Tribal 

Entities. HUD may choose to consult 

with Tribes in coordination with other 

Federal agencies that also fund Tribal 

infrastructure projects. 

V. 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 in the cost of 

foreign-sourced products. 

VI. Limited Duration of the Waiver 

HUD remains committed to the 

successful implementation of the 

important BAP across its programs 

providing covered Federal Financial 

Assistance for infrastructure projects, 

recognizing the unique relationship it 

has with Tribes, TDHEs, and other 

Tribal Entities receiving HUD Federal 

Financial Assistance for infrastructure 

projects. HUD is committed to engaging 

in a timely consultation process as 

noted above. 

This waiver is effective as of May 14, 

2022, and will remain in effect for all 

Federal Financial Assistance for 

infrastructure projects obligated to 

Tribes, TDHEs, and other Tribal Entities 

for one year, or until HUD publishes a 

notice extending the waiver or a final 

notice confirming the completion of 

HUD’s Tribal consultation process and 

announcing the termination of this 

general applicability waiver. 

VII. Solicitation of Comments 

As required under Section 70914 of 

the Act, HUD is soliciting comment 

from the public on the waiver. Please 

refer to the DATES and ADDRESSES

sections of this notice for information 

on submission of comments. 

Marcia L. Fudge, 

Secretary. 

[FR Doc. 2022–09511 Filed 4–29–22; 11:15 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2022–N019; 

FXES11130200000–223–FF02ENEH00] 

Endangered and Threatened Wildlife 

and Plants; Recovery Permit 

Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of permit 

applications; request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, invite the public to 

comment on the following applications 

for a permit to conduct activities 

intended to recover and enhance 

endangered species survival. With some 

exceptions, the Endangered Species Act 

prohibits certain activities that may 

impact endangered species unless a 

Federal permit allows such activity. The 

ESA also requires that we invite public 

comment before issuing these permits. 

DATES: To ensure consideration, please 

submit your written comments by June 

2, 2022. 

ADDRESSES: 

Document availability: Request 

documents by phone or email: Marty 

Tuegel 505–248–6651, marty_tuegel@

fws.gov. 

Comment submission: Submit 

comments by email to fw2_te_permits@

fws.gov. Please specify the permit 

application you are interested in by 

number (e.g., Permit Record No. 

PER1234567). 

FOR FURTHER INFORMATION CONTACT: 

Marty Tuegel, Supervisor, 

Environmental Review Division, 505– 

248–6651. 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: 

Background 

With some exceptions, the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.), 

prohibits activities that constitute take 

of listed species unless a Federal permit 

is issued that allows such activity. The 

ESA’s definition of ‘‘take’’ includes 

hunting, shooting, harming, wounding, 

or killing, and also such activities as 

pursuing, harassing, trapping, capturing, 

or collecting. 

The ESA and our implementing 

regulations in the Code of Federal 

Regulations (CFR) at title 50, part 17, 

provide for issuing such permits and 

require that we invite public comment 

before issuing permits for activities 

involving listed species. 

A recovery permit we issue under the 

ESA, section 10(a)(1)(A), authorizes the 

permittee to conduct activities with 

endangered or threatened species for 

scientific purposes that promote 

recovery or enhance the species’ 

propagation or survival. These activities 

often include such prohibited actions as 

capture and collection. Our regulations 

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

these permits are found 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, 


lotter on DSK11XQN23PROD with NOTICES1
26224 Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Notices 

and 50 CFR 17.72 for threatened plant 

species. 

Permit Applications Available for 

Review and Comment 

Documents and other information 

submitted with these applications are 

available for review by any party who 

submits a request as specified in 

ADDRESSES. Our release of documents is 

subject to Privacy Act (5 U.S.C. 552a) 

and Freedom of Information Act (5 

U.S.C. 552) requirements. 

Proposed activities in the following 

permit requests are for the recovery and 

enhancement of propagation or survival 

of the species in the wild. 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. 

Please refer to the permit record number 

when submitting comments. 

Permit record 

No. Applicant Species Location Activity Type of take Permit action 

PER0039279 ..... Rylander, Rebecca; New 

Braunfels, Texas.

Golden-cheeked warbler (Setophaga 

chrysoparia).

Texas ............................. Presence/absence surveys, habitat assessment.Harass, 

harm.

Renew. 

PER0039146 ..... Blanchard Environmental Consulting; 

Durango, Colorado.

Southwestern willow flycatcher 

(Empidonax traillii extimus).

Arizona, Colorado, New 

Mexico, Utah.

Presence/absence surveys.Harass, 

harm.

Renew. 

PER0039271 ..... Johnson, Matthew; Flagstaff, Arizona.Southwestern willow flycatcher 

(Empidonax traillii extimus).

Arizona, New Mexico, 

Texas, Utah.

Presence/absence surveys, nest monitoring.Harass, 

harm.

Renew. 

PER0036913 ..... Olsson Associates; 

Oklahoma City, Oklahoma.

Neosho mucket (Lampsilis 

rafinesqueana).

Oklahoma, Kansas ........ Presence/absence surveys.Harass, 

harm.

Amend. 

PER0037862 ..... Terry, Adam; Doboll, 

Texas.

Red-cockaded woodpecker (Picoides 

borealis).

Alabama, Arkansas, 

Florida, Georgia, Louisiana, Mississippi, 

Oklahoma, Texas.

Presence/absence surveys, monitoring, capture, banding.Capture, 

harass, 

harm.

Renew. 

PER0038126 ..... EcoPlan Associates, 

Inc.; Mesa, Arizona.

Spikedace (Meda fulgida), loach minnow (Tiaroga cobitis).Arizona .......................... Presence/absence surveys.Harass, 

harm.

Amend. 

Public Availability of Comments 

All comments we receive become part 

of the public record associated with this 

action. Requests for copies of comments 

will be handled in accordance with the 

Freedom of Information Act, National 

Environmental Policy Act, and Service 

and Department of the Interior policies 

and procedures. 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 to 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. 

Authority 

We provide this notice under section 

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

Amy L. Lueders, 

Regional Director, Southwest Region, U.S. 

Fish and Wildlife Service. 

[FR Doc. 2022–09478 Filed 5–2–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2022–N020; 

FXES11130100000–223–FF01E00000] 

Endangered Species; Receipt of 

Recovery Permit Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of permit 

applications; request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, have received 

applications for permits to conduct 

activities intended to enhance the 

propagation and survival of endangered 

species under the Endangered Species 

Act. We invite the public and local, 

State, Tribal, and Federal agencies to 

comment on these applications. Before 

issuing the requested permits, we will 

take into consideration any information 

that we receive during the public 

comment period. 

DATES: We must receive your written 

comments on or before June 2, 2022. 

ADDRESSES: Document availability and 

comment submission: Submit a request 

for a copy of the application and related 

documents and submit any comments 

by one of the following methods. All 

requests and comments should specify 

the applicant name and application 

number (e.g., Dana Ross, 

ESPER0001705): 

• Email: permitsR1ES@fws.gov. 

• U.S. Mail: Marilet Zablan, Regional 

Program Manager, Restoration and 

Endangered Species Classification, 

Ecological Services, U.S. Fish and 

Wildlife Service, Pacific Regional 

Office, 911 NE 11th Avenue, Portland, 

OR 97232–4181. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Henson, Regional Recovery 

Permit Coordinator, Ecological Services, 

(503) 231–6131 (phone); permitsR1ES@

fws.gov (email). 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 

U.S. Fish and Wildlife Service, invite 

the public to comment on applications 

for permits under section 10(a)(1)(A) of 

the Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.). 

The requested permits would allow the 

applicants to conduct activities 

intended to promote recovery of species 

that are listed as endangered under the 

ESA. 

Background 

With some exceptions, the ESA 

prohibits activities that constitute take 

of listed species unless a Federal permit 

is issued that allows such activity. The 

ESA’s definition of ‘‘take’’ includes such 

activities as pursuing, harassing, 

trapping, capturing, or collecting, in 


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