Notice of Availability of the Final Supplement to the 2004 Final Supplemental Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines., 33737-33738 [07-3041]

Download as PDF rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Notices at: https://www.aphis.usda.gov/brs/ aphisdocs/06_25002r_ea.pdf. Other Information: Additional information about APHIS and its programs is available on the Internet at https://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: Dr. Patricia Beetham, Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737– 1236; (301) 734–0664. To obtain copies of the EA, FONSI, and response to comments, contact Ms. Cynthia Eck at (301) 734–0667; e-mail: cynthia.a.eck@aphis.usda.gov. SUPPLEMENTARY INFORMATION: The regulations in 7 CFR part 340, ‘‘Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,’’ regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such genetically engineered organisms and products are considered ‘‘regulated articles.’’ A permit must be obtained or a notification acknowledged before a regulated article may be introduced. The regulations set forth the permit application requirements and the notification procedures for the importation, interstate movement, or release in the environment of a regulated article. On September 5, 2006, the Animal and Plant Health Inspection Service (APHIS) received a permit application (APHIS No. 06–250–02r) from SemBioSys Genetics, Inc. of West Sacramento, CA, for a field trial using a line of transgenic safflower. Permit application 06–250–02r describes a transgenic safflower (Carthamus tinctorius) cultivar that has been genetically engineered to express a fusion protein consisting of oleosin from Arabidopsis thaliana and carp growth hormone (somatotropin) from Cyprinus carpio exclusively within its seeds. Expression of this fusion protein is controlled by the phaseolin promoter and terminator sequences from Phaseolus vulgaris L. (common bean). Constructs were inserted into the recipient organisms via a disarmed Agrobacterium tumefaciens vector system. The seed from these safflower plants will be ground and incorporated into aquaculture feed to be used in experimental fish feeding studies by SemBioSys and is not for commercial production. VerDate Aug<31>2005 18:32 Jun 18, 2007 Jkt 211001 The subject safflower is considered a regulated article under the regulations in 7 CFR part 340 because it has been genetically engineered using the recombinant DNA technique using a vector derived from Agrobacterium tumefaciens. On February 5, 2007, APHIS published a notice in the Federal Register (72 FR 5263–5264, Docket No. APHIS–2006–0190) announcing the availability of an environmental assessment (EA) for the proposed field release. During the 30-day comment period, APHIS received 33 comments. Two comments were from individuals who supported the planting of genetically engineered crops in general, but did not raise any specific points regarding the EA. Conversely, 23 comments were from individuals who were opposed to the use of biotechnology in food crops in general, but did not cite specific plant pest risk issues associated with this particular EA. One public interest group submitted 20,360 nearly identical letters from individuals opposing pharmacological proteins produced in food crops in general without addressing specific issues within the EA. Another public interest group submitted a letter bearing 25 signatures of representatives of various organizations that oppose pharmacological proteins in food crops and addressed specific issues within the EA. In total, eight public interest groups wrote letters in opposition to allowing the planting of the transgenic safflower. APHIS’ responses to these comments are provided as an attachment to the finding of no significant impact (FONSI) and decision notice. Pursuant to the regulations in 7 CFR part 340 promulgated under the Plant Protection Act, APHIS has determined that this field release will not pose a risk of the introduction or dissemination of a plant pest. Additionally, based upon analysis described in the EA, APHIS has determined that the action proposed in Alternative B of the EA, issue the permit with supplemental permit conditions, will not have a significant impact on the quality of the human environment. You may read the FONSI and decision notice on the Internet or in the APHIS reading room (see ADDRESSES above). Copies may also be obtained from the person listed under FOR FURTHER INFORMATION CONTACT. To provide the public with documentation of APHIS’ review and analysis of any potential environmental impacts and plant pest risks associated with proposed release of the transgenic safflower, an EA and FONSI have been prepared. The EA and FONSI were prepared in accordance with (1) The PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 33737 National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500–1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS’ NEPA Implementing Procedures (7 CFR part 372). Authority: 7 U.S.C. 7701–7772 and 7781– 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. Done in Washington, DC, this 13th day of June 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–11798 Filed 6–18–07; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Forest Service DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR–930–6310–PN–LITU; HAG 07–0097] Notice of Availability of the Final Supplement to the 2004 Final Supplemental Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines. U.S. Forest Service (FS), Agriculture; Bureau of Land Management (BLM), Interior. ACTION: Notice of availability. AGENCIES: SUMMARY: In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.), the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), and the National Forest Management Act of 1976 (NFMA, 16 U.S.C. 1600–1614 et seq.), the FS and BLM (collectively the Agencies) have prepared a Final Supplement to the 2004 Final Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004 FSEIS). The Agencies are supplementing the analyses contained in the 2004 FSEIS, which proposes to amend Land and Resource Management Plans on National Forests and BLM Districts within the range of the northern spotted owl in western Oregon, western Washington and northwestern California. The Final Supplement is now available. Requests to receive copies of the Final Supplement should be sent to E:\FR\FM\19JNN1.SGM 19JNN1 rwilkins on PROD1PC63 with NOTICES 33738 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Notices the addresses listed below. Alternately, the Final Supplement is available on the Internet at https://www.reo.gov/s-m2006. Copies are also available for inspection at FS and BLM offices in western Washington, western Oregon and northwestern California. DATES: Readers should note that the Secretary of Agriculture and the Secretary of the Interior are the responsible officials for this proposed action. Therefore, no administrative review (‘‘appeal’’) through the FS will be available on the Record of Decision (ROD) under 36 CFR part 217. Also no administrative review (‘‘protest’’) through the BLM will be available on the Final Supplement under 43 CFR 1610.5–2. Because there is no administrative review of the decision and because of the review period described above, the ROD(s) will not be signed until at least 30 days after the Environmental Protection Agency Notice of Availability for the Final Supplement appears in the Federal Register (see 40 CFR 1506.10(b)). ADDRESSES: You may request copies of the Final Supplement, add your name to the mailing list, or submit written comments by either of the following methods. Submit mail to the agencies Survey and Manage Team, PO Box 2965, Portland, OR 97208, or submit e-mail to ORSMSEIS@blm.gov. Comments may be submitted for 30 days. Before including your address, phone numbers, e-mail 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. No public meetings have been scheduled. All comments received within 30 days will be considered by the decisionmakers. FOR FURTHER INFORMATION CONTACT: Michael Haske, Chief, Branch of Forest Resources and Special Status Species, Bureau of Land Management, P.O. Box 2965, Portland, Oregon 97208, telephone (503) 808–6066 or Alan Christensen, Group Leader, Wildlife, Fisheries, Watershed, Soils and Range, Forest Service, P.O. Box 3623, Portland, Oregon 97208, telephone (503) 808– 2922. SUPPLEMENTARY INFORMATION: In January 2004 the Agencies released a Final Supplemental Environmental Impact Statement (2004 FSEIS) analyzing a proposal to remove the Survey and VerDate Aug<31>2005 18:32 Jun 18, 2007 Jkt 211001 Manage Mitigation Measure from the Northwest Forest Plan. The Agencies subsequently released a ROD adopting that proposal. In August 2005 the U.S. District Court of the Western District of Washington found the 2004 FSEIS failed to: (1) ‘‘* * * analyze potential impacts to Survey and Manage species if they are not added to or are removed from the FS’s and BLM’s respective programs for special status species;’’ (2) ‘‘* * * provide a thorough analysis of their assumption that the late-successional reserves would adequately protect species that the Survey and Manage standard was introduced to protect, particularly in light of their previous positions in earlier environmental impact statements;’’ and (3) ‘‘* * * disclose and analyze flaws in their methodology for calculating the acreage in need of hazardous fuel treatments. Part of the cost analysis was similarly flawed because it relied on the acreage in need of hazardous fuel treatments in calculating the cost of the Survey and Manage standard.’’ The Final Supplement provides the additional information and analysis to address the deficiencies noted by the court, and it provides and analyzes new information available since publication of the 2004 FSEIS. In November 2006, in a different court case, the U.S. Court of Appeals for the Ninth Circuit found the Agencies’ 2001 decision to change the category of the red tree vole and the subsequent 2003 removal of red tree vole from Survey and Manage following processes described in the Survey and Manage Standards and Guidelines constituted a BLM plan amendment that should have followed NEPA and applicable planning processes. To address this decision and its potential implications on other 2001 to 2003 species removals and category changes, the Final Supplement includes another no-action alternative that considers all species on Survey and Manage, and their assigned categories, when the previous Survey and Manage Record of Decision was signed in January 2001. No sooner than 30 days following release of the Final Supplement, the Agencies will prepare a new ROD. A decision to select one of the action alternatives would amend the management direction in all 28 FS and PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 BLM land and resource management plans in the Northwest Forest Plan area. Lisa Freedman, Director of Resource Planning & Monitoring, Region 6, USDA Forest Service. James G. Kenna, Associate State Director, Oregon/Washington, Bureau of Land Management. [FR Doc. 07–3041 Filed 6–18–07; 8:45 am] BILLING CODE 4310–33–P DEPARTMENT OF AGRICULTURE Forest Service Notice of New Fee Site; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108–447) Fishlake National Forest, USDA Forest Service. ACTION: Notice of new fee site. AGENCY: SUMMARY: The Fremont River Ranger District of the Fishlake National Forest will begin charging a $20 fee for double family overnight camping at the Rosebud ATV Campground. There will also be a $5 fee for an extra vehicle. This campground is located on the Dixie National Forest, but is administered by the Fishlake National Forest. Overnight camping at other campgrounds on the Dixie National Forest have shown that publics appreciate and enjoy the availability of developed recreation facilities. Funds from the fee charges will be used for the continued operation and maintenance of the Rosebud ATV Campground. DATES: Rosebud ATV Campground will become available for overnight camping on May 25, 2008 (weather permitting). ADDRESSES: Forest Supervisor, Fishlake National Forest, 115 East, 900 North, Richfield, Utah 84701. FOR FURTHER INFORMATION CONTACT: David C. Bell, Forester, 435–836–2811. SUPPLEMENTARY INFORMATION: The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108–447) directed the Secretary of Agriculture to publish a six month advance notice in the Federal Register whenever new recreation fee areas are established. The Fremont River Ranger District of the Fishlake National Forest currently has several fee campgrounds. These facilities are located on Boulder Mountain in south central Utah. They are in close proximity to Scenic Byway 12, an all American highway. This area offers significant recreational camping, fishing, boating, ATV riding, hiking, horseback riding, hunting and wildlife viewing opportunities and is rich in historical and cultural importance. A E:\FR\FM\19JNN1.SGM 19JNN1

Agencies

[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Notices]
[Pages 33737-33738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3041]


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

DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-930-6310-PN-LITU; HAG 07-0097]


Notice of Availability of the Final Supplement to the 2004 Final 
Supplemental Environmental Impact Statement To Remove or Modify the 
Survey and Manage Mitigation Measure Standards and Guidelines.

AGENCIES: U.S. Forest Service (FS), Agriculture; Bureau of Land 
Management (BLM), Interior.

ACTION: Notice of availability.

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

SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA, 42 U.S.C. 4321 et seq.), the Federal Land Policy and 
Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), and the 
National Forest Management Act of 1976 (NFMA, 16 U.S.C. 1600-1614 et 
seq.), the FS and BLM (collectively the Agencies) have prepared a Final 
Supplement to the 2004 Final Environmental Impact Statement To Remove 
or Modify the Survey and Manage Mitigation Measure Standards and 
Guidelines (2004 FSEIS). The Agencies are supplementing the analyses 
contained in the 2004 FSEIS, which proposes to amend Land and Resource 
Management Plans on National Forests and BLM Districts within the range 
of the northern spotted owl in western Oregon, western Washington and 
northwestern California.
    The Final Supplement is now available. Requests to receive copies 
of the Final Supplement should be sent to

[[Page 33738]]

the addresses listed below. Alternately, the Final Supplement is 
available on the Internet at https://www.reo.gov/s-m2006. Copies are 
also available for inspection at FS and BLM offices in western 
Washington, western Oregon and northwestern California.

DATES: Readers should note that the Secretary of Agriculture and the 
Secretary of the Interior are the responsible officials for this 
proposed action. Therefore, no administrative review (``appeal'') 
through the FS will be available on the Record of Decision (ROD) under 
36 CFR part 217. Also no administrative review (``protest'') through 
the BLM will be available on the Final Supplement under 43 CFR 1610.5-
2. Because there is no administrative review of the decision and 
because of the review period described above, the ROD(s) will not be 
signed until at least 30 days after the Environmental Protection Agency 
Notice of Availability for the Final Supplement appears in the Federal 
Register (see 40 CFR 1506.10(b)).

ADDRESSES: You may request copies of the Final Supplement, add your 
name to the mailing list, or submit written comments by either of the 
following methods. Submit mail to the agencies Survey and Manage Team, 
PO Box 2965, Portland, OR 97208, or submit e-mail to ORSMSEIS@blm.gov.
    Comments may be submitted for 30 days.
    Before including your address, phone numbers, e-mail 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. No public meetings have been scheduled. All comments 
received within 30 days will be considered by the decisionmakers.

FOR FURTHER INFORMATION CONTACT: Michael Haske, Chief, Branch of Forest 
Resources and Special Status Species, Bureau of Land Management, P.O. 
Box 2965, Portland, Oregon 97208, telephone (503) 808-6066 or Alan 
Christensen, Group Leader, Wildlife, Fisheries, Watershed, Soils and 
Range, Forest Service, P.O. Box 3623, Portland, Oregon 97208, telephone 
(503) 808-2922.

SUPPLEMENTARY INFORMATION: In January 2004 the Agencies released a 
Final Supplemental Environmental Impact Statement (2004 FSEIS) 
analyzing a proposal to remove the Survey and Manage Mitigation Measure 
from the Northwest Forest Plan. The Agencies subsequently released a 
ROD adopting that proposal. In August 2005 the U.S. District Court of 
the Western District of Washington found the 2004 FSEIS failed to: (1) 
``* * * analyze potential impacts to Survey and Manage species if they 
are not added to or are removed from the FS's and BLM's respective 
programs for special status species;'' (2) ``* * * provide a thorough 
analysis of their assumption that the late-successional reserves would 
adequately protect species that the Survey and Manage standard was 
introduced to protect, particularly in light of their previous 
positions in earlier environmental impact statements;'' and (3) ``* * * 
disclose and analyze flaws in their methodology for calculating the 
acreage in need of hazardous fuel treatments. Part of the cost analysis 
was similarly flawed because it relied on the acreage in need of 
hazardous fuel treatments in calculating the cost of the Survey and 
Manage standard.'' The Final Supplement provides the additional 
information and analysis to address the deficiencies noted by the 
court, and it provides and analyzes new information available since 
publication of the 2004 FSEIS. In November 2006, in a different court 
case, the U.S. Court of Appeals for the Ninth Circuit found the 
Agencies' 2001 decision to change the category of the red tree vole and 
the subsequent 2003 removal of red tree vole from Survey and Manage 
following processes described in the Survey and Manage Standards and 
Guidelines constituted a BLM plan amendment that should have followed 
NEPA and applicable planning processes. To address this decision and 
its potential implications on other 2001 to 2003 species removals and 
category changes, the Final Supplement includes another no-action 
alternative that considers all species on Survey and Manage, and their 
assigned categories, when the previous Survey and Manage Record of 
Decision was signed in January 2001.
    No sooner than 30 days following release of the Final Supplement, 
the Agencies will prepare a new ROD. A decision to select one of the 
action alternatives would amend the management direction in all 28 FS 
and BLM land and resource management plans in the Northwest Forest Plan 
area.

Lisa Freedman,
Director of Resource Planning & Monitoring, Region 6, USDA Forest 
Service.

James G. Kenna,
Associate State Director, Oregon/Washington, Bureau of Land Management.
[FR Doc. 07-3041 Filed 6-18-07; 8:45 am]
BILLING CODE 4310-33-P
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