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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Proposed Rules TABLE 2BEST MANAGEMENT PRACTICES COSTS BY INDUSTRY 1Continued
NAICS industry
Example of bird mitigation measure
Wireless Tele-communications Carriers except Satellite NAICS 517312.

Extinguish non-flashing lights on towers taller than 350.
Retrofit towers shorter than 350 with LED
flashing lights.

Why data are not extrapolated to entire industry or small businesses
Estimated cost Industry saves hundreds of dollars per year in electricity costs by extinguishing lights.
Retrofitting with LED lights requires initial cost outlay, which is recouped over time due to lower energy costs and reduced maintenance.

Data not available for number of operators who have implemented these practices.

1 Sources: FWS personnel, National Oceanic and Atmospheric Administration Revised Seabird Regulations Amendment, eccnetting.com, statista.com, aerion.com, FWS Wind Energy Guidelines, FWS Public Records Act data, FWS Eagle Conservation Plan Guidance.

TABLE 3SUMMARY OF ECONOMIC EFFECTS ON SMALL BUSINESSES
NAICS industry description NAICS code
Potential bird mitigation measures under this proposed rule
Economic effects on small businesses
Rationale
Finfish Fishing 11411

Changes in design of longline fishing hooks, changes in offal management practices, and flagging/streamers on fishing lines.
Using closed waste-water systems or netting of oil pits and ponds.

Likely minimal effects

Drilling Oil and Gas Wells 213111.

Using closed waste-water systems or netting of oil pits and ponds.

Likely minimal effects

Solar Electric Power Generation 221114.

Monitoring bird use and mortality at facilities, limited use of deterrent systems such as streamers and reflectors.
Following Wind Energy Guidelines, which involve conducting risk assessments for siting facilities.

Likely minimal effects

Seabirds are specifically excluded from the definition of bycatch under the Magnuson-Stevens Fishery Conservation and Management Act and, therefore, seabirds not listed under the ESA may not be covered by any mitigation measures. The impact of this on small entities is unknown.
Thirteen States have regulations governing the treatment of oil pits such as netting or screening of reserve pits, including measures beneficial to birds. In addition, much of the industry is increasingly using closed systems, which do not pose a risk to birds. For these reasons, this proposed rule is unlikely to affect a significant number of small entities.
Thirteen States have regulations governing the treatment of oil pits, such as netting or screening of reserve pits, including measures beneficial to birds. In addition, much of the industry is increasingly using closed systems, which do not pose a risk to birds. For these reasons, this proposed rule is unlikely to affect a significant number of small entities.
Bird monitoring in some States may continue to be required under State policies. The number of States and the policy details are unknown.

Electric Bulk Power Transmission 221121.

Following Avian Power Line Interaction Committee APLIC guidelines.

Likely minimal effects

Electric Power Distribution 221122.

Following Avian Power Line Interaction Committee APLIC guidelines.

Likely minimal effects

Wireless Tele-communications Carriers except Satellite 517312.

Installation of flashing obstruction lighting.

Likely minimal effects

Crude Petroleum and Natural Gas Extraction 211111.

Wind Electric Power Generation 221115.

While the Service concludes that certification is likely appropriate in this case, and consistent with our analysis of economic impacts under the January 7
rule, we have developed an IRFA out of an abundance of caution to ensure that economic impacts on small entities are fully accounted for in this rulemaking process.
Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act 2 U.S.C. 1501 et seq., we have determined the following:
a. This proposed rule would not significantly or uniquely affect small government activities. A small government agency plan is not required.

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Likely minimal effects

Likely minimal effects

Following the Wind Energy Guidelines has become industry best practice and would likely continue. In addition, the industry uses these guidelines to aid in reducing effects on other regulated species like eagles and threatened and endangered bats.
Industry would likely continue to use APLIC guidelines to reduce outages caused by birds and to reduce the take of eagles, regulated under the Bald and Golden Eagle Protection Act.
Industry would likely continue to use APLIC guidelines to reduce outages caused by birds and to reduce the take of eagles, regulated under the Bald and Golden Eagle Protection Act.
Industry will likely continue to install flashing obstruction lighting to save energy costs and to comply with recent Federal Aviation Administration Lighting Circular and Federal Communication Commission regulations.

b. This proposed rule would not produce a Federal mandate on local or State government or private entities.
Therefore, this proposed action is not a significant regulatory action under the Unfunded Mandates Reform Act.
Takings In accordance with E.O. 12630, this proposed rule does not contain a provision for taking of private property, and would not have significant takings implications. A takings implication assessment is not required.
Federalism This proposed rule will not create substantial direct effects or compliance
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costs on State and local governments or preempt State law. Some States may choose not to enact changes in their management efforts and regulatory processes and staffing to develop and or implement State laws governing birds, likely accruing benefits for States.
Therefore, this proposed rule would not have sufficient federalism effects to warrant preparation of a federalism summary impact statement under E.O.
13132.
Civil Justice Reform In accordance with E.O. 12988, we determine that this proposed rule will not unduly burden the judicial system
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