Bridger-Teton National Forest, Wyoming, Supplemental Analysis To Consider Potential Field Development (Master Development Plan) Subsequent to Proposed Exploratory Drilling by Plains Exploration and Production Company (PXP) Within the South Rim Unit on the Big Piney Ranger District, 69645-69647 [07-5994]

Download as PDF Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices who are affected by recomputations of the small business share of timber sales. Estimated Annual Number of Respondents: 40. Estimated Annual Number of Responses per Respondent: 2. Estimated Total Annual Burden on Respondents: 320. Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for Office of Management and Budget approval. Dated: November 27, 2007. Gloria Manning, Associate Deputy Chief, National Forest System. [FR Doc. E7–23836 Filed 12–7–07; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF AGRICULTURE Forest Service Bridger-Teton National Forest, Wyoming, Supplemental Analysis To Consider Potential Field Development (Master Development Plan) Subsequent to Proposed Exploratory Drilling by Plains Exploration and Production Company (PXP) Within the South Rim Unit on the Big Piney Ranger District Forest Service, USDA. Supplemental notice of intent to prepare an environmental impact statement. AGENCY: ACTION: The Bridger-Teton National Forest prepared a Draft Environmental Impact Statement (DEIS) in response to a request from PXP to drill an exploratory well on the Big Piney Ranger District, along with two additional wells on the same drill pad rmajette on PROD1PC64 with NOTICES SUMMARY: VerDate Aug<31>2005 15:35 Dec 07, 2007 Jkt 214001 should the initial well be productive. After release of the DEIS for the Eagle Prospect exploratory wells and in response to public comments and a request from PXP relative to cumulative effects, the Forest will expand the analysis to address a potential field development scenario or master Development Plan, as provided for in the newly revised Onshore Order No. 1. this constitutes a substantial change in the proposed action analyzed in the DEIS and therefore requires the Forest to revise the analysis and prepare a new DEIS. Comments concerning the expanded scope of the analysis must be postmarked by February 7, 2008. Comments previously submitted as part of the original scoping or comments submitted on the Eagle Prospect DEIS released in February of 2007 need not be re-submitted. The new DEIS is expected in May of 2008 and the Final Environmental Impact Statement (FEIS) is expected in March of 2009. ADDRESSES: Send written comments to Greg Clark, District Ranger, Big Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307–276–5810). Send electronic comments to: commentsintermtn-bridger-teton@fs.fed.us, Subject ‘‘PXP Master Development Plan.’’ DATES: Greg Clark, District Ranger, Big Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307–276–5810). SUPPLEMENTARY INFORMATION: Plains Exploration and Production Company (PXP) submitted an Application for Permit to Drill (APD) for the Eagle 1–8 exploratory well and APDs for the Eagle 2–8 and 3–8 wells, which would be drilled from the same well pad. A DEIS for this project was released to the public in February 2007. Based on comments received and discussions with various agencies, PXP has decided to incorporate a Master Development Plan into their original exploratory proposal for the Eagle Prospect. The intent is to drill the originally proposed well and if successful, drill the Eagle 2– 8 and 3–8 wells. The Master Development Plan provides a potential development scenario that could occur based on the results of the initial wells. Consideration of the Master Development Plan allows for analysis of potential cumulative effects early in the process. If subsequent development occurs, and occurs within the parameters of the approved Master Development Plan, further analysis will not be required. The Master Development Plan includes planned, FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 69645 anticipated, and potential development facilities which will be dependent on the results of the first wells drilled. Some or all of the Master Development Plan may never occur. If full implementation of the Master Development Plan occurs, including exploratory drilling and potential development scenario, the plan would potentially involve 136 wells being drilled from 17 well pads, construction of 15 miles of new non-system roads, and reconstruction or realignment of 14 miles of existing system roads on National Forest System (NFS) lands. About 400 acres of potential new surface disturbance from roads, well pads, gathering lines for gas and produced liquids buried immediately adjacent to roads, and other facilities would be anticipated. The total potential disturbance represents about one well pad per section and a 40-acre spacing for well bottomhole locations. Purpose and Need for Action The Forest Service has previously approved surface operating requirements in the form of lease stipulations and notices, and BLM has incorporated these provisions within oil and gas leases which authorize the exploration for and the development of federal oil and gas resources in this area. The purpose and need for action is to determine whether and how (with what conditions of approval) to approve the exploration and potential development identified in the Master Development Plan submitted by PXP for lease operations on the Big Piney District, Bridger-Teton National Forest. The Forest Service needs to make a decision regarding the Master Surface Use Plan of Operations and the BLM needs to make a decision regarding the overall Master Development Plan and associated APDs. Proposed Action The proposed action is for the Forest Service to approve, with appropriate mitigation, the Master Surface Use Plan of Operations portion of the Master Development Plan, including necessary access and related facilities associated with the exercise of PXP’s lease rights, and for the BLM to approve, with appropriate conditions of approval, the Master Development Plan and associated APDs. Possible Alternatives The alternatives to be considered for the Master Development Plan will focus on parameters for development rather than specific orientation of the well pad or a surveyed access road location. Specific surveys and designs will be completed before approval of E:\FR\FM\10DEN1.SGM 10DEN1 69646 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices subsequent APDs as part of implementation under the Master Development Plan. Three preliminary alternatives have been identified: (1) The no action alternative, (2) the proposed action—approval of PXP’s Master Development Plan which includes three pending APDs and potential future development, and (3) the approval of the proposed Master Development Plan with modifications. As part of the project design, the Forest has worked closely with PXP in the development of a plan that included consideration of lease stipulations, Forest Plan standards and guidelines, and other resource needs. Components of the proposed project that did not meet those requirements were modified in the design stage. Access alternatives, including the use of helicopters instead of roads, will be fully explored as potential modifications to the Master Development Plan. Lead and Cooperating Agencies The Forest Service is the lead agency. The BLM and the State of Wyoming are cooperating agencies. rmajette on PROD1PC64 with NOTICES Responsible Official The responsible Forest officer for the decision on the surface use portion of the Master Development Plan is Greg Clark, District Ranger, Big Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307–276–5810). The responsible BLM official for the final decision on the Master Development Plan and associated APDs, which will incorporate the Forest Service decision, is Robert A. Bennett, State Director, BLM—Wyoming State Office, P.O. Box 1828, Cheyenne, Wyoming 82009. Nature of Decision To Be Made The Forest Service decision will be whether to approve the Master Surface Use Plan of Operations submitted by PXP for the proposed exploration and potential development outlined in the Master Development Plan for the Eagle Prospect and Noble Basin areas. The Forest Service decision will specify appropriate mitigation, access requirements, gathering lines, other facilities, and design criteria that will be applied to project implementation. The BLM will review the Master Drilling Plan submitted by PXP and make a final decision on the Master Development Plan and associated APDs. Subsequent processing of APDs and related authorizations constitutes implementation of this decision so long as all authorizing actions are consistent with lease terms and within the scope and framework of the approved Master Development Plan. VerDate Aug<31>2005 15:35 Dec 07, 2007 Jkt 214001 Scoping Process The first formal opportunity to respond to the proposed action listed above was during the original public scoping process (40 CFR 1501.7) for the Notice of Intent published in the Federal Register on January 11, 2006. A scoping notice was also published in the Casper Star Tribune on January 13, 2006. Scoping for a supplemental statement is not required (40 CFR 1502.9(c)(4), but due to the change in the scope of the analysis, the Forest is soliciting comments specific to the Master Development Plan and potential field development. Issues raised during the initial scoping period or the public comment period on the Eagle Prospect DEIS need not be re-submitted. Letters will be sent to the Forest mailing list of known interested parties. Public meetings in Jackson and Pinedale, Wyoming are anticipated during January of 2008. The time and place for any public meetings will be published in the local papers and posted on the Forest Web site. The scoping process will assist the Forest in identifying specific issues to be addressed related to the purpose and need and the scope of the decision. Mail comments to the addresses given above for further information. Ongoing information related to the proposed action and related analysis will be posted on the Bridger-Teton National Forest Web site https://www.fs.fed.us/r4/btnf. Preliminary Issues Preliminary issues associated with the proposed action include: (1) The drilling and production of the proposed wells could impact air quality and air quality related values, with emphasis on cumulative effects due to extensive development in the Pinedale area. (2) The development of a transportation system to support field development could adversely affect wildlife habitat, movements or migration routes in the area. Permits or Licenses Required If the decision is for the Forest Service to approve PXP’s Surface Use Plan of Operations and the BLM to approve the Master Development Plan and associated APDs, subsequent APDs will be authorized through the approved Master Development Plan. (Onshore Order No. 1 Section III.H.) Comment Requested This notice of intent re-opens the scoping process which guides the development of the environmental impact statement. Comments submitted in response to the initial notice of intent PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 need not be re-submitted and remain a part of the project record. Early Notice of Importance of Public Participation in Subsequent Environmental Review: A new DEIS will be prepared for comment. The comment period on the DEIS will be for a period of 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service begins, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of a DEIS must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer’s position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the DEIS stage but that are not raised until after completion of the FEIS may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period on the DEIS so that substantive comments and objections are made available to the Forest Service at a time when the agency can meaningfully consider them and respond to them in the FEIS. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the DEIS should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the DEIS or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices Dated: December 3, 2007. Gregory Clark, District Forest Ranger/Big Piney Ranger District. [FR Doc. 07–5994 Filed 12–7–07; 8:45 am] Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number (202) 395–7285, or David_Rostker@omb.eop.gov. BILLING CODE 3410–11–M Dated: December 4, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–23857 Filed 12–7–07; 8:45 am] DEPARTMENT OF COMMERCE rmajette on PROD1PC64 with NOTICES 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 Oceanic and Atmospheric Administration (NOAA). Title: U.S.-Canada Albacore Treaty Reporting System. Form Number(s): None. OMB Approval Number: 0648–0492. Type of Request: Regular submission. Burden Hours: 158. Number of Respondents: 100. Average Hours Per Response: 5 minutes. Needs and Uses: The National Marine Fisheries Service (NMFS), Southwest Region (SWR) manages the U.S.-Canada Albacore Tuna Treaty of 1981 (Treaty). Owners of vessels that fish from U.S. West Coast ports for albacore tuna will be required to notify NMFS, SWR of their desire to be on the list of vessels provided to Canada each year indicating vessels eligible to fish for albacore tuna in waters under the jurisdiction of Canada. Additionally, vessel operators are required to report in advance their intention to fish in Canadian waters prior to crossing the maritime border as well as to mark their fishing vessels to facilitate enforcement of the effort limits under the Treaty. Vessel operators are also required to maintain and submit a logbook of all catch and fishing effort. The regulations implementing the reporting and vessel marking requirements under the Treaty are at 50 CFR 300.172–300.176. Affected Public: Business or other forprofit organizations. Frequency: Annually and on occasion. Respondent’s Obligation: Mandatory. OMB Desk Officer: David Rostker, (202) 395–3897. 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). VerDate Aug<31>2005 15:35 Dec 07, 2007 Jkt 214001 69647 within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number (202) 395–7285, or David_Rostker@omb.eop.gov. Dated: December 4, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–23864 Filed 12–7–07; 8:45 am] BILLING CODE 3510–22–P BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request 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 Oceanic and Atmospheric Administration (NOAA). Title: Gear-Marking Requirements for the Harbor Porpoise Take Reduction Plan. Form Number(s): None. OMB Approval Number: 0648–0357. Type of Request: Regular submission. Burden Hours: 41. Number of Respondents: 50. Average Hours Per Response: 1 minute. Needs and Uses: The federal regulations at 50 CFR 229.34 limit the number of nets that can be used in certain fisheries in the mid-Atlantic that appear to be most closely linked with accidental catch of harbor porpoises. Fishermen in these fisheries must obtain and attach numbered tags for their nets. Because the number of tags per vessel is capped, the tagging program helps to limit the number of nets in use and helps NOAA identify the number in use. Affected Public: Business or other forprofit organizations. Frequency: Every three years. Respondent’s Obligation: Mandatory. OMB Desk Officer: David Rostker, (202) 395–3897. 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 Oceanic and Atmospheric Administration (NOAA). Title: Reporting of Sea Turtle Entanglements in Pot Gear Fisheries. Form Number(s): None. OMB Approval Number: 0648–0496. Type of Request: Regular submission. Burden Hours: 45. Number of Respondents: 15. Average Hours Per Response: 1 hour. Needs and Uses: Sea turtles can become accidentally entangled in active or discarded fixed fishing gear. These entanglements may prevent the recovery of endangered and threatened sea turtle populations. The National Marine Fisheries Service (NMFS) established the Sea Turtle Disentanglement Network to promote reporting and increase successful disentanglement of sea turtles. As there is limited to no observer coverage of pot gear fisheries, NMFS relies on the U.S. Coast Guard, fishing industry, stranding network, federal, state, and local authorities, and the public for this information. The information provided will help NMFS better assess pot gear fisheries (lobster, whelk/conch, crab, fish trap) and their impacts on sea turtle populations in the northeast region (Maine to Virginia). Affected Public: Not-for-profit institutions; business or other for-profit organizations; State, Local or Tribal Government. Frequency: On occasion. Respondent’s Obligation: Voluntary. OMB Desk Officer: David Rostker, (202) 395–3897. 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 E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69645-69647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5994]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Bridger-Teton National Forest, Wyoming, Supplemental Analysis To 
Consider Potential Field Development (Master Development Plan) 
Subsequent to Proposed Exploratory Drilling by Plains Exploration and 
Production Company (PXP) Within the South Rim Unit on the Big Piney 
Ranger District

AGENCY: Forest Service, USDA.

ACTION:  Supplemental notice of intent to prepare an environmental 
impact statement.

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

SUMMARY: The Bridger-Teton National Forest prepared a Draft 
Environmental Impact Statement (DEIS) in response to a request from PXP 
to drill an exploratory well on the Big Piney Ranger District, along 
with two additional wells on the same drill pad should the initial well 
be productive. After release of the DEIS for the Eagle Prospect 
exploratory wells and in response to public comments and a request from 
PXP relative to cumulative effects, the Forest will expand the analysis 
to address a potential field development scenario or master Development 
Plan, as provided for in the newly revised Onshore Order No. 1. this 
constitutes a substantial change in the proposed action analyzed in the 
DEIS and therefore requires the Forest to revise the analysis and 
prepare a new DEIS.

DATES:  Comments concerning the expanded scope of the analysis must be 
postmarked by February 7, 2008. Comments previously submitted as part 
of the original scoping or comments submitted on the Eagle Prospect 
DEIS released in February of 2007 need not be re-submitted. The new 
DEIS is expected in May of 2008 and the Final Environmental Impact 
Statement (FEIS) is expected in March of 2009.

ADDRESSES: Send written comments to Greg Clark, District Ranger, Big 
Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307-276-
5810). Send electronic comments to: comments-intermtn-bridger-teton@fs.fed.us, Subject ``PXP Master Development Plan.''

FOR FURTHER INFORMATION CONTACT: Greg Clark, District Ranger, Big Piney 
Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307-276-5810).

SUPPLEMENTARY INFORMATION: Plains Exploration and Production Company 
(PXP) submitted an Application for Permit to Drill (APD) for the Eagle 
1-8 exploratory well and APDs for the Eagle 2-8 and 3-8 wells, which 
would be drilled from the same well pad. A DEIS for this project was 
released to the public in February 2007. Based on comments received and 
discussions with various agencies, PXP has decided to incorporate a 
Master Development Plan into their original exploratory proposal for 
the Eagle Prospect. The intent is to drill the originally proposed well 
and if successful, drill the Eagle 2-8 and 3-8 wells. The Master 
Development Plan provides a potential development scenario that could 
occur based on the results of the initial wells. Consideration of the 
Master Development Plan allows for analysis of potential cumulative 
effects early in the process. If subsequent development occurs, and 
occurs within the parameters of the approved Master Development Plan, 
further analysis will not be required. The Master Development Plan 
includes planned, anticipated, and potential development facilities 
which will be dependent on the results of the first wells drilled. Some 
or all of the Master Development Plan may never occur. If full 
implementation of the Master Development Plan occurs, including 
exploratory drilling and potential development scenario, the plan would 
potentially involve 136 wells being drilled from 17 well pads, 
construction of 15 miles of new non-system roads, and reconstruction or 
realignment of 14 miles of existing system roads on National Forest 
System (NFS) lands. About 400 acres of potential new surface 
disturbance from roads, well pads, gathering lines for gas and produced 
liquids buried immediately adjacent to roads, and other facilities 
would be anticipated. The total potential disturbance represents about 
one well pad per section and a 40-acre spacing for well bottomhole 
locations.

Purpose and Need for Action

    The Forest Service has previously approved surface operating 
requirements in the form of lease stipulations and notices, and BLM has 
incorporated these provisions within oil and gas leases which authorize 
the exploration for and the development of federal oil and gas 
resources in this area. The purpose and need for action is to determine 
whether and how (with what conditions of approval) to approve the 
exploration and potential development identified in the Master 
Development Plan submitted by PXP for lease operations on the Big Piney 
District, Bridger-Teton National Forest. The Forest Service needs to 
make a decision regarding the Master Surface Use Plan of Operations and 
the BLM needs to make a decision regarding the overall Master 
Development Plan and associated APDs.

Proposed Action

    The proposed action is for the Forest Service to approve, with 
appropriate mitigation, the Master Surface Use Plan of Operations 
portion of the Master Development Plan, including necessary access and 
related facilities associated with the exercise of PXP's lease rights, 
and for the BLM to approve, with appropriate conditions of approval, 
the Master Development Plan and associated APDs.

Possible Alternatives

    The alternatives to be considered for the Master Development Plan 
will focus on parameters for development rather than specific 
orientation of the well pad or a surveyed access road location. 
Specific surveys and designs will be completed before approval of

[[Page 69646]]

subsequent APDs as part of implementation under the Master Development 
Plan. Three preliminary alternatives have been identified: (1) The no 
action alternative, (2) the proposed action--approval of PXP's Master 
Development Plan which includes three pending APDs and potential future 
development, and (3) the approval of the proposed Master Development 
Plan with modifications. As part of the project design, the Forest has 
worked closely with PXP in the development of a plan that included 
consideration of lease stipulations, Forest Plan standards and 
guidelines, and other resource needs. Components of the proposed 
project that did not meet those requirements were modified in the 
design stage. Access alternatives, including the use of helicopters 
instead of roads, will be fully explored as potential modifications to 
the Master Development Plan.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. The BLM and the State of 
Wyoming are cooperating agencies.

Responsible Official

    The responsible Forest officer for the decision on the surface use 
portion of the Master Development Plan is Greg Clark, District Ranger, 
Big Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307-
276-5810). The responsible BLM official for the final decision on the 
Master Development Plan and associated APDs, which will incorporate the 
Forest Service decision, is Robert A. Bennett, State Director, BLM--
Wyoming State Office, P.O. Box 1828, Cheyenne, Wyoming 82009.

Nature of Decision To Be Made

    The Forest Service decision will be whether to approve the Master 
Surface Use Plan of Operations submitted by PXP for the proposed 
exploration and potential development outlined in the Master 
Development Plan for the Eagle Prospect and Noble Basin areas. The 
Forest Service decision will specify appropriate mitigation, access 
requirements, gathering lines, other facilities, and design criteria 
that will be applied to project implementation. The BLM will review the 
Master Drilling Plan submitted by PXP and make a final decision on the 
Master Development Plan and associated APDs. Subsequent processing of 
APDs and related authorizations constitutes implementation of this 
decision so long as all authorizing actions are consistent with lease 
terms and within the scope and framework of the approved Master 
Development Plan.

Scoping Process

    The first formal opportunity to respond to the proposed action 
listed above was during the original public scoping process (40 CFR 
1501.7) for the Notice of Intent published in the Federal Register on 
January 11, 2006. A scoping notice was also published in the Casper 
Star Tribune on January 13, 2006. Scoping for a supplemental statement 
is not required (40 CFR 1502.9(c)(4), but due to the change in the 
scope of the analysis, the Forest is soliciting comments specific to 
the Master Development Plan and potential field development. Issues 
raised during the initial scoping period or the public comment period 
on the Eagle Prospect DEIS need not be re-submitted. Letters will be 
sent to the Forest mailing list of known interested parties. Public 
meetings in Jackson and Pinedale, Wyoming are anticipated during 
January of 2008. The time and place for any public meetings will be 
published in the local papers and posted on the Forest Web site. The 
scoping process will assist the Forest in identifying specific issues 
to be addressed related to the purpose and need and the scope of the 
decision. Mail comments to the addresses given above for further 
information. Ongoing information related to the proposed action and 
related analysis will be posted on the Bridger-Teton National Forest 
Web site https://www.fs.fed.us/r4/btnf.

Preliminary Issues

    Preliminary issues associated with the proposed action include:
    (1) The drilling and production of the proposed wells could impact 
air quality and air quality related values, with emphasis on cumulative 
effects due to extensive development in the Pinedale area.
    (2) The development of a transportation system to support field 
development could adversely affect wildlife habitat, movements or 
migration routes in the area.

Permits or Licenses Required

    If the decision is for the Forest Service to approve PXP's Surface 
Use Plan of Operations and the BLM to approve the Master Development 
Plan and associated APDs, subsequent APDs will be authorized through 
the approved Master Development Plan. (Onshore Order No. 1 Section 
III.H.)

Comment Requested

    This notice of intent re-opens the scoping process which guides the 
development of the environmental impact statement. Comments submitted 
in response to the initial notice of intent need not be re-submitted 
and remain a part of the project record.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A new DEIS will be prepared for comment. The 
comment period on the DEIS will be for a period of 45 days from the 
date the Environmental Protection Agency publishes the notice of 
availability in the Federal Register.
    The Forest Service begins, at this early stage, it is important to 
give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
a DEIS must structure their participation in the environmental review 
of the proposal so that it is meaningful and alerts an agency to the 
reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. 
v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that 
could be raised at the DEIS stage but that are not raised until after 
completion of the FEIS may be waived or dismissed by the courts. City 
of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir 1986) and Wisconsin 
Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). 
Because of these court rulings, it is very important that those 
interested in this proposed action participate by the close of the 45 
day comment period on the DEIS so that substantive comments and 
objections are made available to the Forest Service at a time when the 
agency can meaningfully consider them and respond to them in the FEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the DEIS should be as 
specific as possible. It is also helpful if comments refer to specific 
pages or chapters of the draft statement. Comments may also address the 
adequacy of the DEIS or the merits of the alternatives formulated and 
discussed in the statement. Reviewers may wish to refer to the Council 
on Environmental Quality Regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in 
addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)


[[Page 69647]]


    Dated: December 3, 2007.
Gregory Clark,
District Forest Ranger/Big Piney Ranger District.
[FR Doc. 07-5994 Filed 12-7-07; 8:45 am]
BILLING CODE 3410-11-M
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