Wallowa-Whitman National Forest, Baker County, Oregon; North Fork Burnt River Mining, 7855-7856 [07-750]

Download as PDF 7855 Notices Federal Register Vol. 72, No. 34 Wednesday, February 21, 2007 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Forest Service Wallowa-Whitman National Forest, Baker County, Oregon; North Fork Burnt River Mining Forest Service, USDA. Notice of intent to prepare a supplement to a final environmental impact statement. AGENCY: rmajette on PROD1PC67 with NOTICES ACTION: SUMMARY: The USDA, Forest Service will prepare a supplemental environmental impact statement (SEIS) to address the order of Judge Paul Papak, United States District Court, District of Oregon (Hells Canyon Preservation Council, and Northwest Environmental Defense Center v. Richard J. Haines, Steve Ellis, and United States Forest Service, August 4, 2006). Specifically the court found that the April 2004 North Fork Burnt River Final Environmental Impact Statement was deficient because the Agency: (1) Did not require a certificate of compliance under 33 U.S.C. 1341(a)(1), also referred to as 401 under the Clean Water Act, prior to approvals of the Plans of Operations, (2) failed to ensure that authorized mining activities will comply with 313 of the Clean Water Act, 33 U.S.C. 1323(a), on the 303(d) listed waters for water-quality limited for sedimentation, (3) failed to adequately analyze the selection of buffer widths for the riparian habitat conservation areas (RHCAs) and as such is inconsistent with INFISH standard MM–1, (4) failed to adequately analyze the necessity of new roads and whether alternatives exist and to provide specific assurances that the new road construction will comply with INFISH standard MM–2, (5) incorrectly determined that settling ponds are not structures subject to INFISH standard MM–2 and therefore failed to perform the required analysis under MM–2 as to alternative locations; and (6) failed to VerDate Aug<31>2005 15:09 Feb 20, 2007 Jkt 211001 adequately analyze whether mining and private property access needs, administrative use and needs of other forest users are warranted exceptions to the open-road density guidelines of the Wallowa-Whitman National Forest Land Management Plan. The SEIS will provide additional information and analysis to address the deficiencies noted by the court in the 2004 FEIS, and record the analysis of a proposed non-significant projectspecific amendment to the WallowaWhitman National Forest’s Land and Resource Management Plan (LRMP) to change Standard #12 and Standard #13 for Management Area 1(LRMP pg. 4–58), and Standard #9 for Management Area 3, 3a (LRMP pg. 4–62) to reflect a more realistic and achievable open road density for these management areas in subwatersheds 83B, 83C, 83D, 83E, 83F and 83G within the North Fork Burnt River Mining planning area in light of the current and projected land uses and management activities for the foreseeable future. DATES: Comments on the scope of the analysis must be postmarked by April 6, 2007, and should be addressed to the Responsible Official below. ADDRESSES: Send written comments and suggestions to Steve Ellis, Forest Supervisor, Wallowa-Whitman National Forest, PO Box 907, Baker City, OR, 97814, or fax comments to (541) 523– 1315. Written comments may be delivered to the office in Baker City, at 1550 Dewey Avenue during normal business hours, up through 5 p.m. April 6, 2006. ELECTRONIC COMMENTS: Comments may also be e-mailed to: commentspacificnorthwest-wallowa-whitmanwhitmanunit@fs.fed.us, by 5 p.m. April 6, 2007. Those submitting electronic copies must do so only to the e-mail address listed above, must put the project name in the subject line, and must either submit comments as part of the e-mail message or as an attachment only in one of the following three formats: Microsoft Word, rich text format (rtf) or Abobe Portable Document Format (pdf). E-mails submitted to email addresses other than the one listed above or in other formats that those listed or containing viruses will be rejected. Comments received in response to this solicitation, including names and addresses of those who comment, will PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 be considered part of the public record on this proposed action and will be available for public inspection. Additionally, pursuant to 7 CFR 1.27(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act (FOIA) permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency’s decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notify the requester that the comments may be resubmitted with or without name and address within 10 days. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720– 2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250–9410, or call (800) 795–3272 (voice) or (202) 720– 6382 (TDD). USDA is an equal opportunity provider and employer. FOR FURTHER INFORMATION CONTACT: Sophia Miller, Interdisciplinary Team Leader, Wallowa-Whitman National Forest, Wallowa Mountains Office, 88401 Hwy 82, Box A, Enterprise, OR, Phone: (541) 426–5540. SUPPLEMENTARY INFORMATION: Scoping is not required for supplements to environmental impact statements (40 CFR 1502.9(c)(4)). However, at their discretion the Agency is inviting comments at this time. Comments are sought to help the Agency identify specific information needs and analytical methodologies necessary to fully address the court identified E:\FR\FM\21FEN1.SGM 21FEN1 7856 Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Notices deficiencies. For comments to be most useful, they should be as specific as possible and submitted in writing by the date identified above. A notice will be prepared and circulated to affected Federal, State, and local agencies, affected tribes and individuals and organizations previously expressing an interest in the 2004 FEIS. The Forest Supervisor for the Wallowa-Whitman National Forest is the Responsible Official. The Responsible Official will decide whether or not to (1) Incorporate the supplemental analysis into the FEIS, and (2) amend the LRMP to change specific LRMP standards and guidelines for open road densities in subwatersheds 83B, 83C, 83D, 83E, 83F and 83G within the North Fork Burnt River Mining planning area. The Responsible Official will also document the decision and reasons for the decision in the Record of Decision. This Record of Decision will replace and supercede the vacated 2004 Record of Decision for the North Fork Burnt River Mining FEIS. This decision will be subject to Forest Service Appeal Regulations (36 CFR part 215). Dated: February 13, 2007. Steven A. Ellis, Wallowa-Whitman National Forest Supervisor. [FR Doc. 07–750 Filed 2–20–07; 8:45 am] BILLING CODE 3410–11–M COMMISSION ON CIVIL RIGHTS Sunshine Act Notice AGENCY: U.S. Commission on Civil Rights. DATE AND TIME: Thursday, March 1, 2007, 3 p.m. U.S. Commission on Civil Rights, 624 9th Street, NW., Washington, DC 20425, Via Teleconference, Public CallIn number: 1–800–597–7623, Access Code Number: 9548257, Federal Relay Service: 1–800–877–8339. PLACE: STATUS: rmajette on PROD1PC67 with NOTICES Meeting Agenda I. Approval of Agenda II. Approval of Minutes of February 9, 2007 Meeting III. Management and Operations • FY 2008 Budget Request IV. Future Agenda Items V. Adjourn VerDate Aug<31>2005 17:27 Feb 20, 2007 Jkt 211001 CONTACT PERSON FOR FURTHER INFORMATION: Christopher Byrnes, Office of the Staff Director, (202) 376–7700. David Blackwood, General Counsel. [FR Doc. 07–808 Filed 2–16–07; 3:22 pm] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Announcement of the American Petroleum Institute’s Standards Activities National Institute of Standards and Technology, Commerce. ACTION: Notice of intent to develop or revise standards and request for public comment and participation in standards development. AGENCY: DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Institute of Standards and Technology (NIST). Title: Allocation of Resources for Fire Service and Medical Emergency Service. Form Number(s): None. OMB Approval Number: None. Type of Request: Regular submission. Burden Hours: 4,167. Number of Respondents: 128. Average Hours per Response: 5 minutes. Needs and Uses: The information collected will be used to identify resource allocation strategies which most effectively mitigate community fire and health risks. The data will be collected in a format suitable for advance regression analysis. Affected Public: State, local, or tribal government. Frequency: On occasion. Respondent’s Obligation: Voluntary. OMB Desk Officer: Jasmeet Seehra, (202) 395–3123. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Jasmeet Seehra, OMB Desk Officer, FAX number (202) 395–5167 or via the Internet at Jasmeet_K._Seehra@omb.eop.gov. Dated: February 15, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–2870 Filed 2–20–07; 8:45 am] BILLING CODE 3510–13–P PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 SUMMARY: The American Petroleum Institute (API), with the assistance of other interested parties, continues to develop standards, both national and international, in several areas. This notice lists the standardization efforts currently being conducted by API committees. The publication of this notice by the National Institute of Standards and Technology (NIST) on behalf of API is being undertaken as a public service. NIST does not necessarily endorse, approve, or recommend the standards referenced. ADDRESSES: American Petroleum Institute, 1220 L Street, NW., Washington, DC 20005; telephone (202) 682–8000, https://www.api.org. FOR FURTHER INFORMATION CONTACT: All contact individuals listed in the supplementary information section of this notice may be reached at the American Petroleum Institute. SUPPLEMENTARY INFORMATION: Background The American Petroleum Institute develops and publishes voluntary standards for equipment, materials, operations, and processes for the petroleum and natural gas industry. These standards are used by both private industry and by governmental agencies. All interested persons should contact the appropriate source as listed for further information. Pipeline Committee 1165, 1st Edition: SCADA Display Standard 1110, 5th Edition: Pressure Testing of Liquid Petroleum Pipelines For Further Information Contact: Andrea Johnson, Standards Department, e-mail: johnsona@api.org. Committee on Marketing RP 1550, 1st Edition: Recommended Practice for the Application of Aviation Fuel Filtration Systems RP 1598, 1st Edition: Guidelines for the Selection of Electronic Sensors for Monitoring Aviation Fuel Quality E:\FR\FM\21FEN1.SGM 21FEN1

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[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Notices]
[Pages 7855-7856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-750]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / 
Notices

[[Page 7855]]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Wallowa-Whitman National Forest, Baker County, Oregon; North Fork 
Burnt River Mining

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplement to a final 
environmental impact statement.

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

SUMMARY: The USDA, Forest Service will prepare a supplemental 
environmental impact statement (SEIS) to address the order of Judge 
Paul Papak, United States District Court, District of Oregon (Hells 
Canyon Preservation Council, and Northwest Environmental Defense Center 
v. Richard J. Haines, Steve Ellis, and United States Forest Service, 
August 4, 2006). Specifically the court found that the April 2004 North 
Fork Burnt River Final Environmental Impact Statement was deficient 
because the Agency: (1) Did not require a certificate of compliance 
under 33 U.S.C. 1341(a)(1), also referred to as 401 under the Clean 
Water Act, prior to approvals of the Plans of Operations, (2) failed to 
ensure that authorized mining activities will comply with 313 of the 
Clean Water Act, 33 U.S.C. 1323(a), on the 303(d) listed waters for 
water-quality limited for sedimentation, (3) failed to adequately 
analyze the selection of buffer widths for the riparian habitat 
conservation areas (RHCAs) and as such is inconsistent with INFISH 
standard MM-1, (4) failed to adequately analyze the necessity of new 
roads and whether alternatives exist and to provide specific assurances 
that the new road construction will comply with INFISH standard MM-2, 
(5) incorrectly determined that settling ponds are not structures 
subject to INFISH standard MM-2 and therefore failed to perform the 
required analysis under MM-2 as to alternative locations; and (6) 
failed to adequately analyze whether mining and private property access 
needs, administrative use and needs of other forest users are warranted 
exceptions to the open-road density guidelines of the Wallowa-Whitman 
National Forest Land Management Plan.
    The SEIS will provide additional information and analysis to 
address the deficiencies noted by the court in the 2004 FEIS, and 
record the analysis of a proposed non-significant project-specific 
amendment to the Wallowa-Whitman National Forest's Land and Resource 
Management Plan (LRMP) to change Standard 12 and Standard 
13 for Management Area 1(LRMP pg. 4-58), and Standard 
9 for Management Area 3, 3a (LRMP pg. 4-62) to reflect a more 
realistic and achievable open road density for these management areas 
in subwatersheds 83B, 83C, 83D, 83E, 83F and 83G within the North Fork 
Burnt River Mining planning area in light of the current and projected 
land uses and management activities for the foreseeable future.

DATES: Comments on the scope of the analysis must be postmarked by 
April 6, 2007, and should be addressed to the Responsible Official 
below.

ADDRESSES: Send written comments and suggestions to Steve Ellis, Forest 
Supervisor, Wallowa-Whitman National Forest, PO Box 907, Baker City, 
OR, 97814, or fax comments to (541) 523-1315. Written comments may be 
delivered to the office in Baker City, at 1550 Dewey Avenue during 
normal business hours, up through 5 p.m. April 6, 2006.

Electronic Comments: Comments may also be e-mailed to: comments-
pacificnorthwest-wallowa-whitman-whitmanunit@fs.fed.us, by 5 p.m. April 
6, 2007. Those submitting electronic copies must do so only to the e-
mail address listed above, must put the project name in the subject 
line, and must either submit comments as part of the e-mail message or 
as an attachment only in one of the following three formats: Microsoft 
Word, rich text format (rtf) or Abobe Portable Document Format (pdf). 
E-mails submitted to e-mail addresses other than the one listed above 
or in other formats that those listed or containing viruses will be 
rejected.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Additionally, pursuant to 7 CFR 1.27(d), any person may 
request the agency to withhold a submission from the public record by 
showing how the Freedom of Information Act (FOIA) permits such 
confidentiality. Persons requesting such confidentiality should be 
aware that, under the FOIA, confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets. The Forest 
Service will inform the requester of the agency's decision regarding 
the request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without name and address within 10 
days.
    The U.S. Department of Agriculture (USDA) prohibits discrimination 
in all its programs and activities on the basis of race, color, 
national origin, age, disability, and where applicable, sex, marital 
status, familial status, parental status, religion, sexual orientation, 
genetic information, political beliefs, reprisal, or because all or 
part of an individual's income is derived from any public assistance 
program. (Not all prohibited bases apply to all programs.) Persons with 
disabilities who require alternative means for communication of program 
information (Braille, large print, audiotape, etc.) should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a 
complaint of discrimination, write to USDA, Director, Office of Civil 
Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or 
call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal 
opportunity provider and employer.

FOR FURTHER INFORMATION CONTACT: Sophia Miller, Interdisciplinary Team 
Leader, Wallowa-Whitman National Forest, Wallowa Mountains Office, 
88401 Hwy 82, Box A, Enterprise, OR, Phone: (541) 426-5540.

SUPPLEMENTARY INFORMATION: Scoping is not required for supplements to 
environmental impact statements (40 CFR 1502.9(c)(4)). However, at 
their discretion the Agency is inviting comments at this time. Comments 
are sought to help the Agency identify specific information needs and 
analytical methodologies necessary to fully address the court 
identified

[[Page 7856]]

deficiencies. For comments to be most useful, they should be as 
specific as possible and submitted in writing by the date identified 
above.
    A notice will be prepared and circulated to affected Federal, 
State, and local agencies, affected tribes and individuals and 
organizations previously expressing an interest in the 2004 FEIS.
    The Forest Supervisor for the Wallowa-Whitman National Forest is 
the Responsible Official. The Responsible Official will decide whether 
or not to (1) Incorporate the supplemental analysis into the FEIS, and 
(2) amend the LRMP to change specific LRMP standards and guidelines for 
open road densities in subwatersheds 83B, 83C, 83D, 83E, 83F and 83G 
within the North Fork Burnt River Mining planning area.
    The Responsible Official will also document the decision and 
reasons for the decision in the Record of Decision. This Record of 
Decision will replace and supercede the vacated 2004 Record of Decision 
for the North Fork Burnt River Mining FEIS. This decision will be 
subject to Forest Service Appeal Regulations (36 CFR part 215).

    Dated: February 13, 2007.
Steven A. Ellis,
Wallowa-Whitman National Forest Supervisor.
[FR Doc. 07-750 Filed 2-20-07; 8:45 am]
BILLING CODE 3410-11-M
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