Modoc National Forest, California, Modoc National Forest Public Wheeled Motorized Travel Management EIS, 26955-26958 [E8-10235]
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26955
Notices
Federal Register
Vol. 73, No. 92
Monday, May 12, 2008
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
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DEPARTMENT OF AGRICULTURE
Forest Service
Modoc National Forest, California,
Modoc National Forest Public Wheeled
Motorized Travel Management EIS
Forest Service, USDA.
Notice of Intent to prepare an
Environmental Impact Statement.
AGENCY:
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ACTION:
SUMMARY: The Modoc National Forest
(Modoc NF) will prepare an
Environmental Impact Statement to
disclose the impacts associated with the
following proposed actions:
1. The prohibition of cross-country
motorized vehicle travel (with the
exception of snowmobiles) off
designated NFS roads, NFS trails and
areas by the public except as allowed by
permit or other authorization.
2. Add approximately 339 miles of
1170 existing unauthorized routes to the
current system of National Forest
System (NFS) roads and motorized trails
open to the public for wheeled
motorized vehicle use by vehicle class,
including seasonal closures on
approximately 20 miles of 74 of the
added routes.
3. Make the following changes to
existing NFS roads:
a. Prohibit use seasonally on
approximately 313 miles of 214 existing
NFS roads.
b. Allow non-highway legal vehicle
use on approximately 147 miles of
existing NFS roads where such use is
currently prohibited.
c. Close NFS road 46B29HB (road
along Boles Creek between Clear Lake
and Steel Swamp) to public use.
4. Amend the Modoc NF Land and
Resource Management Plan (Modoc
LRMP) for areas not covered under the
Sierra Nevada Forest Plan Amendment
by removing the objective ‘‘Keep over
87% of the Forest open to OHVs (Modoc
LRMP p. 4–11)’’ and numerous
standards and guidelines in the LRMP
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regarding keeping areas open for OHV
use and include as a forest-wide
standard ‘‘Prohibit wheeled vehicle
travel off designated roads and trails
except for administrative use or uses
under permitted activities’’.
DATES: The comment period on the
proposed action will extend 30 days
from the date the Notice of Intent is
published in the Federal Register.
The Draft Environmental Impact
Statement (DEIS) is estimated to be
completed by September 30, 2008 and
the Final Environmental Impact
Statement (FEIS) is estimated to be
completed by December 31, 2008.
ADDRESSES: Send written comments to:
Travel Management Team, Modoc
National Forest, 800 W 12 Street,
Alturas, CA 96101. Electronic
comments, in acceptable plain text
(.txt), rich text (.rft), or Word (.doc) may
be submitted to
modoc.route.designation@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Kathleen Borovac, Modoc National
Forest, 800 W 12th Street, Alturas, CA
96101. Phone: (530) 233–8754. E-mail:
modoc.route.designation@fs.fed.us
SUPPLEMENTARY INFORMATION:
Background
Over the past few decades, the
availability and capability of motorized
vehicles, particularly off-highway
vehicles (OHVs) and sport utility
vehicles (SUVs) has increased
tremendously. Nationally, the number
of OHV users has climbed sevenfold in
the past 30 years, from approximately 5
million in 1972 to 36 million in 2000.
The ten states with the largest
population also have the most OHV
users. California has 4.35 million OHV
users accounting for almost 11% of the
U.S. total (Off–Highway Vehicle
Recreation in the United States, Regions
and States: A National Report from the
National Survey on Recreation and the
Environment (NSRE) Cordell, Betz,
Green and Owens June 2005). There
were 786,914 ATVs and OHV
motorcycles registered in 2004, up
330% since 1980. Annual sales of ATVs
and OHV motorcycles in California were
the highest in the U.S. for the last 5
years. Four-wheel drive vehicle sales in
California also increased by 1500% to
3,046,866 from 1989 to 2002.
Unmanaged OHV use has resulted in
unplanned roads and trails, erosion,
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watershed and habitat degradation, and
impacts to cultural resource sites.
Compaction and erosion are the primary
effects of OHV use on soils. Riparian
areas and aquatic dependent species are
particularly vulnerable to OHV use.
Unmanaged recreation, including
impacts from OHVs, is one of ‘‘Four Key
Threats Facing the Nation’s Forests and
Grasslands.’’ (USDA Forest Service,
June 2004.)
On August 11, 2003, the Pacific
Southwest Region of the Forest Service
entered into a Memorandum of Intent
(MOI) with the California Off-Highway
Motor Vehicle Recreation Commission,
and the Off-Highway Motor Vehicle
Recreation Division of the California
Department of Parks and Recreation.
That MOI set in motion a region-wide
effort to ‘‘ Designate OHV roads, trails,
and any specifically defined open areas
for motorized wheeled vehicles on maps
of the 19 National Forests in California
by 2007.’’
On November 9, 2005, the Forest
Service published final travel
management regulations in the Federal
Register (FR Vol. 70, No. 216—-Nov. 9,
2005, pp. 68264–68291). This final
Travel Management Rule requires
designation of those roads, trails, and
areas that are open to motor vehicle use
on National Forests. Designations will
be made by class of vehicle and, if
appropriate, by time of year. The final
rule prohibits the use of motor vehicles
off the designated system as well as use
of motor vehicles on routes and in areas
that are not designated.
On some NFS lands, long managed as
open to cross-country motor vehicle
travel, repeated use has resulted in
unplanned, unauthorized, roads and
trails. These routes generally developed
without environmental analysis or
public involvement, and do not have the
same status as NFS roads and NFS trails
included in the forest transportation
system. Nevertheless, some
unauthorized routes are well-sited,
provide excellent opportunities for
outdoor recreation by motorized and
non-motorized users, and would
enhance the National Forest system of
designated roads, trails and areas. Other
unauthorized routes are poorly located
and cause unacceptable impacts. Only
NFS roads and NFS trails can be
designated for wheeled motorized
vehicle use. In order for an
unauthorized route to be designated, it
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must first be added to the forest
transportation system.
In accordance with the MOI, the
Modoc NF recently completed an
inventory of unauthorized routes on
NFS lands and identified approximately
535 miles of 1,806 unauthorized routes.
The Modoc NF then used an
interdisciplinary process to conduct
travel analysis that included working
with the public to determine whether
any of the unauthorized routes should
be proposed for addition to the Modoc
NF transportation system. Roads and
trails that are currently part of the
Modoc NF transportation system and
are open to wheeled motorized vehicle
travel will remain designated for such
use except as described below under
Proposed Action. This proposal focuses
only on the prohibition of wheeled
motorized vehicle travel off designated
routes and needed changes to the
Modoc NF transportation system,
including the addition of some
unauthorized routes to the Modoc NF
transportation system and minor
changes to existing motor vehicle
restrictions. Based on public comments
and interdisciplinary review of the
1,806 or 535 miles of unauthorized
routes, Modoc NF is proposing to add
1,170 unauthorized routes or 339 miles
to the transportation system. The
proposed action is being carried forward
in accordance with the Travel
Management Rule (36 CFR Part 212).
In accordance with the Rule,
following a decision on this proposal,
the Modoc National Forest will publish
a Motor Vehicle Use Map (MVUM)
identifying all Modoc NF roads, trails
and areas that are designated for motor
vehicle use. The MVUM shall specify
the classes of vehicles and, if
appropriate, the times of year for which
use is designated. Unauthorized routes
not included in this proposal may be
considered for addition to the National
Forest transportation system and
inclusion in a MVUM at a future date.
Future decisions associated with
changes to the MVUM may trigger the
need for documentation of
environmental analysis.
Purpose and Need for Action
The following needs have been
identified for this proposal:
1. There is a need for regulation of
unmanaged wheeled motorized vehicle
travel by the public. Currently, wheeled
motorized vehicle travel by the public is
not prohibited off designated routes. In
their enjoyment of the National Forest,
motorized vehicle users have created
numerous unauthorized routes. The
number of such routes continues to
grow each year with many routes having
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environmental impacts and safety
concerns that have not been addressed.
The Travel Management Rule, 36 CFR
Part 212, provides policy for ending this
trend of unauthorized route
development and managing the Forest
transportation system in a sustainable
manner through designation of
motorized NFS roads, trails and areas,
and the prohibition of cross-country
travel.
2. There is a need for limited changes
and additions to the Modoc NF
transportation system to:
2.1. Provide wheeled motorized
access to dispersed recreation
opportunities (camping, hunting,
fishing, hiking, horseback riding, etc.).
Some known dispersed recreation use is
not located directly adjacent to an
existing NFS road. Rather, they are
accessed mostly by short spur routes
that have been created and maintained
primarily by the passage of motorized
vehicles. Such ’user-created’ routes are
not currently part of the National Forest
Transportation System (NFTS). Without
changes to the system and its
management, the regulatory changes
noted above would make continued use
of such routes illegal.
2.2. Provide a diversity of wheeled
motorized recreation opportunities (4X4
vehicles, motorcyles, ATVs, passenger
vehicles, etc.). It is Forest Service policy
to provide a diversity of road and trail
opportunities for experiencing a variety
of environments and modes of travel
consistent with the National Forest
recreation role and land capability (FSM
2353.03(2)). Without additions to the
NFTS, implementation of the Travel
Management Rule will severely limit
motorized recreation opportunities
relative to current levels.
3. There is a need for protection of
heritage resources in the area along road
46B29HB (road along Boles Creek
between Clear Lake and Steel Swamp)
due to documented cases of vandalism
of heritage resources within this area.
4. There is a need for consistency
between the 2005 Travel Management
Rule and the Modoc NF Land and
Resource Management Plan (Modoc
LRMP). In 2004, the portion of the
Modoc LRMP covered under the Sierra
Nevada Forest Plan Amendment
(SNFPA) was amended to include
Standard and Guideline #69 (SNFPA
ROD, pg. 59). Standard and Guideline
#69 is consistent with the 2005 Travel
Management Rule because it prohibits
‘‘wheeled vehicle travel off of
designated routes, trails and limited off
highway vehicle (OHV) areas.’’ The
remainder of the Modoc NF, which is
not covered by the SNFPA, includes the
objective ‘‘Keep over 87% of the Forest
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open to OHVs (Modoc LRMP p. 4–11)’’
and numerous other standards and
guidelines in the LRMP regarding
keeping areas open for OHV use. These
remaining Modoc LRMP standards and
guidelines are not consistent with the
2005 Travel Management Rule, which
prohibits motorized vehicle use except
on designated NFS roads, NFS
motorized trails and areas.
It is Forest Service policy to provide
a diversity of road and trail
opportunities for experiencing a variety
of environments and modes of travel
consistent with the National Forest
recreation role and land capability (FSM
2353.03(2)).
In meeting these needs the proposed
action should achieve the following
purposes:
A. Avoid impacts to cultural
resources.
B. Provide for public safety.
C. Provide for a diversity of
recreational opportunities.
D. Assure adequate access to public
and private lands.
E. Provide for adequate maintenance
and administration of designations
based on availability of resources and
funding to do so. Currently the Forest
has a maintenance backlog for roads of
approximately $128,053,267. Future
road and trail budgets may decrease
from current levels.
F. Minimize damage to soil,
vegetation and other forest resources.
G. Avoid harassment of wildlife and
significant disruption of wildlife
habitat.
H. Minimize conflicts between
wheeled motor vehicles and existing or
proposed recreational uses of NFS
lands.
I. Minimize conflicts among different
classes of wheeled motor vehicle uses of
NFS lands or neighboring federal lands.
J. Assure compatibility of wheeled
motor vehicle use with existing
conditions in populated areas, taking
into account sound, emissions, etc.
K. Maintain valid existing rights of
use and access (rights-of-way).
L. Constrain the proposal to that
which is within the capability of the
Forest to analyze given: 1. The national
schedule for regions to publish their
Forest Motor Vehicle Use Maps. For the
Modoc National Forest the publication
deadline is approximately March 2009.
2. Available funding (road and trail
management budgets). 3. Available
resources (resource data and staff time).
Proposed Action
1. The prohibition of cross-country
wheeled motorized vehicle travel off
designated NFS roads, NFS trails and
areas by the public except as allowed by
permit or other authorization.
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2. Motorized Road Additions: The
Modoc NF currently manages and
maintains approximately 4,973 miles of
NFS roads and 1.76 miles of NFS
motorized trails. Based on the stated
purpose and need for action, and as a
result of the recent travel analysis
process which included public input
and an interdiscipinary evaluation of
each road, the Modoc NF proposes to
add 1170 existing unauthorized routes
to its NFS roads. These additions equal
approximately 339 miles and would
raise the total NFS roads to
approximately 5,312 miles. Maps and
tables describing in detail both the
Modoc NF transportation system and
the proposed action can be found at
https://www.fs.fed.us/r5/modoc.
Approximately 20 miles or 74 of the
added routes will have seasonal
restrictions.
3. Make the following changes to
existing NFS roads:
a. Add seasonal restrictions to
approximately 313 miles of 214 existing
NFS roads.
b. Allow non-street legal vehicle
access on approximately 147 miles of
existing NFS roads where such use is
currently prohibited: Motor vehicle
operation on National Forest System
roads is subject to both federal and state
laws and regulations. National Forest
System (NFS) roads maintained by the
Modoc NF, for travel by a prudent
driver in a standard passenger car, are
subject to the federal Highway Safety
Act and are considered highways for
purposes of the California Vehicle Code
(CVC) Division 16.5. These roads are
currently open to highway legal vehicles
only.
c. Close NFS road 46B29HB (road
along Boles Creek between Clear Lake
and Steel Swamp) to public use.
4. Amend the Modoc NF Land and
Resource Management Plan for areas not
covered under the Sierra Nevada Forest
Plan Amendment by removing the
objective ‘‘Keep over 87% of the Forest
open to OHVs (Modoc LRMP p. 4–11)’’
and numerous standards and guidelines
in the LRMP regarding keeping areas
open for OHV use. The list of standards
and guidelines to be amended can be
found on our website as stated below.
Include as a forest-wide standard
‘‘Prohibit wheeled vehicle travel off
designated roads and trails except for
administrative use or uses under
permitted activities’’.
Maps and tables describing in detail
both the Modoc NF transportation
system and the proposed action can
found at https://www.fs.fed.us/r5/modoc.
In addition, maps will be available for
viewing at:
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Nature of Decision To Be Made
The responsible official will decide
whether to adopt and implement the
proposed action, an alternative to the
proposed action, or take no action to
make changes to the existing Modoc
National Forest Transportation System;
prohibit cross country wheeled
motorized vehicle travel by the public
off the designated system; and amend
the Modoc LRMP, as described above.
Once the decision is made, the Modoc
National Forest will publish a Motor
Vehicle Use Map (MVUM) identifying
the roads and trails that are designated
for motor vehicle use. The MVUM shall
specify the classes of vehicles and, if
appropriate, the times of year for which
use is designated. Future decisions
associated with changes to the MVUM
may trigger the need for documentation
of environmental analysis.
from the date the Notice of Intent is
published in the Federal Register.
Public Open Houses will be held on
May 19, 20, 28 and 29, in Cedarville,
CA; Alturas, CA; Adin, CA and
Tulelake, CA to review maps and to
discuss the proposed action.
The draft environmental impact
statement is estimated to be filed with
the Environmental Protection Agency
(EPA) and to be available for public
review by the end of September 2008.
EPA will publish a notice of availability
of the draft EIS in the Federal Register.
The comment period on the draft EIS
will extend 45 days from the date the
EPA notice appears in the Federal
Register. At that time, copies of the draft
EIS will be distributed to interested and
affected agencies, organizations, and
members of the public for their review
and comment. It is very important that
those interested in the management of
the Modoc National Forest participate at
that time.
The final EIS is estimated to be
completed by December 31, 2008. In the
final EIS, the Forest Service will
respond to comments received during
the comment period that pertain to the
environmental consequences discussed
in the draft EIS and applicable laws,
regulations, and policies considered in
making the decision. Submission of
comments in response to the draft EIS
is a prerequisite for eligibility to appeal
under the 36 CFR part 215 regulations.
Scoping Process
Public participation will be especially
important at several points during the
analysis. The Forest Service will be
seeking information, comments, and
assistance from federal, state, and local
agencies and other individuals or
organizations who may be interested in
or affected by the proposed action.
The Modoc National Forest met with
local elected officials, Tribes, federal
advisory groups, and community
groups, including service and
professional organizations, to discuss
the Travel Management Rule and travel
management on the Forest. In November
2007, public open houses were held in
Cedarville, CA; Alturas, CA; Adin, CA;
and Tulelake, CA to gather information
about which routes the public uses and
to identify routes missed in the
inventory of unauthorized routes.
Additionally, maps of inventoried
routes were available on the Forest’s
Web site and Forest Service offices. The
public used these maps to provide input
into the process.
The Notice of Intent is expected to be
published in the Federal Register on
May 12, 2008. The comment period on
the proposed action will extend 30 days
Comment Requested
This Notice of Intent initiates the
scoping process which guides the
development of the environmental
impact statement.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review: A draft
environmental impact statement will be
prepared for comment. The comment
period on the draft environmental
impact statement will be 45 days from
the date the Environmental Protection
Agency publishes the notice of
availability in the Federal Register.
The Forest Service believes, 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 draft environmental impact
statements 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 draft environmental impact
statement stage but that are not raised
1. Modoc National Forest, 800 W 12th
Street, Alturas, CA 96101.
2. Warner Mountain Ranger District,
385 Wallace Street, Cedarville, CA
96104.
3. Doublehead Ranger District, 49870
Hwy 139, Tulelake, CA 96134.
4. Big Valley Ranger District, 508
Main Street, Adin, CA 96006.
Responsible Official
Stanley G. Sylva, Forest Supervisor,
Modoc National Forest, 800 W 12th
Street, Alturas, CA 96101.
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Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices
until after completion of the final
environmental impact statement 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 so that comments
and objections are made available to the
Forest Service at a time when it can
meaningfully consider them and
respond to them in the final
environmental impact statement.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft environmental
impact statement should be as specific
as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft environmental
impact statement. Comments may also
address the adequacy of the draft
environmental impact statement 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.
Dated: May 1, 2008.
Stanley G. Sylva,
Forest Supervisor.
[FR Doc. E8–10235 Filed 5–9–08; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–122–840)
Carbon and Certain Alloy Steel Wire
Rod from Canada: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2007, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on carbon and certain alloy steel wire
rwilkins on PROD1PC63 with NOTICES
AGENCY:
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17:54 May 09, 2008
Jkt 214001
rod from Canada. See Notice of
Preliminary Results of Antidumping
Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod From
Canada, 72 FR 62816 (November 7,
2007) (Preliminary Results). This review
covers the period October 1, 2005,
through September 30, 2006, for Ivaco
Rolling Mills 2004 L.P. (‘‘IRM’’) and
Sivaco Ontario (a division of Sivaco
Wire Group 2004 L.P.) (‘‘Sivaco’’)
(referred to collectively as Ivaco).
EFFECTIVE DATE:
May 12, 2008.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–1131 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2007, the Department
published the preliminary results of this
administrative review of the
antidumping duty order on carbon and
certain alloy steel wire rod from Canada.
See Preliminary Results, 72 FR 62816.
This review covers Ivaco for the period
October 1, 2005, to September 30, 2006.
On November 29, 2007, we sent a
supplemental questionnaire to Ivaco
pertaining to the level of trade issue.
Ivaco submitted its response on
December 13, 2007. Petitioners (Mittal
Steel USA Inc. - Georgetown, Gerdau
USA Inc., Nucor Steel Connecticut Inc.,
Keystone Consolidated Industries, Inc.,
and Rocky Mountain Steel Mills)
provided comments on Ivaco’s response
on December 21, 2007. Ivaco responded
to petitioners’ comments on December
31, 2007. The Department extended the
deadlines for filing case briefs and
rebuttal briefs because of its request for
new information after issuing its
preliminary results. Ivaco and
petitioners submitted their case briefs
on January 23, 2008, and rebuttal briefs
on January 30, 2008. A hearing was held
on February 27, 2008. On February 28,
2008, we published in the Federal
Register our notice fully extending the
time limit for this review until May 5,
2008. See Carbon and Certain Alloy
Steel Wire Rod From Canada: Extension
of Time Limit for Final Results of
Antidumping Duty Administrative
Review, 73 FR 10743 (February 28,
2008).
Period of Review
The period of review is October 1,
2005 through September 30, 2006.
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Scope of the Order
The merchandise subject to this order
is certain hot–rolled products of carbon
steel and alloy steel, in coils, of
approximately round cross section, 5.00
mm or more, but less than 19.00 mm, in
solid cross–sectional diameter.
Specifically excluded are steel
products possessing the above–noted
physical characteristics and meeting the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) definitions for
(a) stainless steel; (b) tool steel; (c) high
nickel steel; (d) ball bearing steel; and
(e) concrete reinforcing bars and rods.
Also excluded are (f) free machining
steel products (i.e., products that
contain by weight one or more of the
following elements: 0.03 percent or
more of lead, 0.05 percent or more of
bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorus,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
Also excluded from the scope are
1080 grade tire cord quality wire rod
and 1080 grade tire bead quality wire
rod. Grade 1080 tire cord quality rod is
defined as: (i) Grade 1080 tire cord
quality wire rod measuring 5.0 mm or
more but not more than 6.0 mm in
cross–sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non–deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
microns; (iv) having a carbon
segregation per heat average of 3.0 or
better using European Method NFA 04–
114; (v) having a surface quality with no
surface defects of a length greater than
0.15 mm; (vi) capable of being drawn to
a diameter of 0.30 mm or less with 3 or
fewer breaks per ton, and (vii)
containing by weight the following
elements in the proportions shown: (1)
0.78 percent or more of carbon, (2) less
than 0.01 percent of aluminum, (3)
0.040 percent or less, in the aggregate,
of phosphorus and sulfur, (4) 0.006
percent or less of nitrogen, and (5) not
more than 0.15 percent, in the aggregate,
of copper, nickel and chromium.
Grade 1080 tire bead quality rod is
defined as: (i) Grade 1080 tire bead
quality wire rod measuring 5.5 mm or
more but not more than 7.0 mm in
cross–sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non–deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
microns; (iv) having a carbon
segregation per heat average of 3.0 or
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Agencies
[Federal Register Volume 73, Number 92 (Monday, May 12, 2008)]
[Notices]
[Pages 26955-26958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10235]
========================================================================
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.
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Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices
[[Page 26955]]
DEPARTMENT OF AGRICULTURE
Forest Service
Modoc National Forest, California, Modoc National Forest Public
Wheeled Motorized Travel Management EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.
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SUMMARY: The Modoc National Forest (Modoc NF) will prepare an
Environmental Impact Statement to disclose the impacts associated with
the following proposed actions:
1. The prohibition of cross-country motorized vehicle travel (with
the exception of snowmobiles) off designated NFS roads, NFS trails and
areas by the public except as allowed by permit or other authorization.
2. Add approximately 339 miles of 1170 existing unauthorized routes
to the current system of National Forest System (NFS) roads and
motorized trails open to the public for wheeled motorized vehicle use
by vehicle class, including seasonal closures on approximately 20 miles
of 74 of the added routes.
3. Make the following changes to existing NFS roads:
a. Prohibit use seasonally on approximately 313 miles of 214
existing NFS roads.
b. Allow non-highway legal vehicle use on approximately 147 miles
of existing NFS roads where such use is currently prohibited.
c. Close NFS road 46B29HB (road along Boles Creek between Clear
Lake and Steel Swamp) to public use.
4. Amend the Modoc NF Land and Resource Management Plan (Modoc
LRMP) for areas not covered under the Sierra Nevada Forest Plan
Amendment by removing the objective ``Keep over 87% of the Forest open
to OHVs (Modoc LRMP p. 4-11)'' and numerous standards and guidelines in
the LRMP regarding keeping areas open for OHV use and include as a
forest-wide standard ``Prohibit wheeled vehicle travel off designated
roads and trails except for administrative use or uses under permitted
activities''.
DATES: The comment period on the proposed action will extend 30 days
from the date the Notice of Intent is published in the Federal
Register.
The Draft Environmental Impact Statement (DEIS) is estimated to be
completed by September 30, 2008 and the Final Environmental Impact
Statement (FEIS) is estimated to be completed by December 31, 2008.
ADDRESSES: Send written comments to: Travel Management Team, Modoc
National Forest, 800 W 12 Street, Alturas, CA 96101. Electronic
comments, in acceptable plain text (.txt), rich text (.rft), or Word
(.doc) may be submitted to modoc.route.designation@fs.fed.us.
FOR FURTHER INFORMATION CONTACT: Kathleen Borovac, Modoc National
Forest, 800 W 12th Street, Alturas, CA 96101. Phone: (530) 233-8754. E-
mail: modoc.route.designation@fs.fed.us
SUPPLEMENTARY INFORMATION:
Background
Over the past few decades, the availability and capability of
motorized vehicles, particularly off-highway vehicles (OHVs) and sport
utility vehicles (SUVs) has increased tremendously. Nationally, the
number of OHV users has climbed sevenfold in the past 30 years, from
approximately 5 million in 1972 to 36 million in 2000. The ten states
with the largest population also have the most OHV users. California
has 4.35 million OHV users accounting for almost 11% of the U.S. total
(Off-Highway Vehicle Recreation in the United States, Regions and
States: A National Report from the National Survey on Recreation and
the Environment (NSRE) Cordell, Betz, Green and Owens June 2005). There
were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% since
1980. Annual sales of ATVs and OHV motorcycles in California were the
highest in the U.S. for the last 5 years. Four-wheel drive vehicle
sales in California also increased by 1500% to 3,046,866 from 1989 to
2002.
Unmanaged OHV use has resulted in unplanned roads and trails,
erosion, watershed and habitat degradation, and impacts to cultural
resource sites. Compaction and erosion are the primary effects of OHV
use on soils. Riparian areas and aquatic dependent species are
particularly vulnerable to OHV use. Unmanaged recreation, including
impacts from OHVs, is one of ``Four Key Threats Facing the Nation's
Forests and Grasslands.'' (USDA Forest Service, June 2004.)
On August 11, 2003, the Pacific Southwest Region of the Forest
Service entered into a Memorandum of Intent (MOI) with the California
Off-Highway Motor Vehicle Recreation Commission, and the Off-Highway
Motor Vehicle Recreation Division of the California Department of Parks
and Recreation. That MOI set in motion a region-wide effort to ``
Designate OHV roads, trails, and any specifically defined open areas
for motorized wheeled vehicles on maps of the 19 National Forests in
California by 2007.''
On November 9, 2005, the Forest Service published final travel
management regulations in the Federal Register (FR Vol. 70, No. 216---
Nov. 9, 2005, pp. 68264-68291). This final Travel Management Rule
requires designation of those roads, trails, and areas that are open to
motor vehicle use on National Forests. Designations will be made by
class of vehicle and, if appropriate, by time of year. The final rule
prohibits the use of motor vehicles off the designated system as well
as use of motor vehicles on routes and in areas that are not
designated.
On some NFS lands, long managed as open to cross-country motor
vehicle travel, repeated use has resulted in unplanned, unauthorized,
roads and trails. These routes generally developed without
environmental analysis or public involvement, and do not have the same
status as NFS roads and NFS trails included in the forest
transportation system. Nevertheless, some unauthorized routes are well-
sited, provide excellent opportunities for outdoor recreation by
motorized and non-motorized users, and would enhance the National
Forest system of designated roads, trails and areas. Other unauthorized
routes are poorly located and cause unacceptable impacts. Only NFS
roads and NFS trails can be designated for wheeled motorized vehicle
use. In order for an unauthorized route to be designated, it
[[Page 26956]]
must first be added to the forest transportation system.
In accordance with the MOI, the Modoc NF recently completed an
inventory of unauthorized routes on NFS lands and identified
approximately 535 miles of 1,806 unauthorized routes. The Modoc NF then
used an interdisciplinary process to conduct travel analysis that
included working with the public to determine whether any of the
unauthorized routes should be proposed for addition to the Modoc NF
transportation system. Roads and trails that are currently part of the
Modoc NF transportation system and are open to wheeled motorized
vehicle travel will remain designated for such use except as described
below under Proposed Action. This proposal focuses only on the
prohibition of wheeled motorized vehicle travel off designated routes
and needed changes to the Modoc NF transportation system, including the
addition of some unauthorized routes to the Modoc NF transportation
system and minor changes to existing motor vehicle restrictions. Based
on public comments and interdisciplinary review of the 1,806 or 535
miles of unauthorized routes, Modoc NF is proposing to add 1,170
unauthorized routes or 339 miles to the transportation system. The
proposed action is being carried forward in accordance with the Travel
Management Rule (36 CFR Part 212).
In accordance with the Rule, following a decision on this proposal,
the Modoc National Forest will publish a Motor Vehicle Use Map (MVUM)
identifying all Modoc NF roads, trails and areas that are designated
for motor vehicle use. The MVUM shall specify the classes of vehicles
and, if appropriate, the times of year for which use is designated.
Unauthorized routes not included in this proposal may be considered for
addition to the National Forest transportation system and inclusion in
a MVUM at a future date. Future decisions associated with changes to
the MVUM may trigger the need for documentation of environmental
analysis.
Purpose and Need for Action
The following needs have been identified for this proposal:
1. There is a need for regulation of unmanaged wheeled motorized
vehicle travel by the public. Currently, wheeled motorized vehicle
travel by the public is not prohibited off designated routes. In their
enjoyment of the National Forest, motorized vehicle users have created
numerous unauthorized routes. The number of such routes continues to
grow each year with many routes having environmental impacts and safety
concerns that have not been addressed. The Travel Management Rule, 36
CFR Part 212, provides policy for ending this trend of unauthorized
route development and managing the Forest transportation system in a
sustainable manner through designation of motorized NFS roads, trails
and areas, and the prohibition of cross-country travel.
2. There is a need for limited changes and additions to the Modoc
NF transportation system to:
2.1. Provide wheeled motorized access to dispersed recreation
opportunities (camping, hunting, fishing, hiking, horseback riding,
etc.). Some known dispersed recreation use is not located directly
adjacent to an existing NFS road. Rather, they are accessed mostly by
short spur routes that have been created and maintained primarily by
the passage of motorized vehicles. Such 'user-created' routes are not
currently part of the National Forest Transportation System (NFTS).
Without changes to the system and its management, the regulatory
changes noted above would make continued use of such routes illegal.
2.2. Provide a diversity of wheeled motorized recreation
opportunities (4X4 vehicles, motorcyles, ATVs, passenger vehicles,
etc.). It is Forest Service policy to provide a diversity of road and
trail opportunities for experiencing a variety of environments and
modes of travel consistent with the National Forest recreation role and
land capability (FSM 2353.03(2)). Without additions to the NFTS,
implementation of the Travel Management Rule will severely limit
motorized recreation opportunities relative to current levels.
3. There is a need for protection of heritage resources in the area
along road 46B29HB (road along Boles Creek between Clear Lake and Steel
Swamp) due to documented cases of vandalism of heritage resources
within this area.
4. There is a need for consistency between the 2005 Travel
Management Rule and the Modoc NF Land and Resource Management Plan
(Modoc LRMP). In 2004, the portion of the Modoc LRMP covered under the
Sierra Nevada Forest Plan Amendment (SNFPA) was amended to include
Standard and Guideline 69 (SNFPA ROD, pg. 59). Standard and
Guideline 69 is consistent with the 2005 Travel Management
Rule because it prohibits ``wheeled vehicle travel off of designated
routes, trails and limited off highway vehicle (OHV) areas.'' The
remainder of the Modoc NF, which is not covered by the SNFPA, includes
the objective ``Keep over 87% of the Forest open to OHVs (Modoc LRMP p.
4-11)'' and numerous other standards and guidelines in the LRMP
regarding keeping areas open for OHV use. These remaining Modoc LRMP
standards and guidelines are not consistent with the 2005 Travel
Management Rule, which prohibits motorized vehicle use except on
designated NFS roads, NFS motorized trails and areas.
It is Forest Service policy to provide a diversity of road and
trail opportunities for experiencing a variety of environments and
modes of travel consistent with the National Forest recreation role and
land capability (FSM 2353.03(2)).
In meeting these needs the proposed action should achieve the
following purposes:
A. Avoid impacts to cultural resources.
B. Provide for public safety.
C. Provide for a diversity of recreational opportunities.
D. Assure adequate access to public and private lands.
E. Provide for adequate maintenance and administration of
designations based on availability of resources and funding to do so.
Currently the Forest has a maintenance backlog for roads of
approximately $128,053,267. Future road and trail budgets may decrease
from current levels.
F. Minimize damage to soil, vegetation and other forest resources.
G. Avoid harassment of wildlife and significant disruption of
wildlife habitat.
H. Minimize conflicts between wheeled motor vehicles and existing
or proposed recreational uses of NFS lands.
I. Minimize conflicts among different classes of wheeled motor
vehicle uses of NFS lands or neighboring federal lands.
J. Assure compatibility of wheeled motor vehicle use with existing
conditions in populated areas, taking into account sound, emissions,
etc.
K. Maintain valid existing rights of use and access (rights-of-
way).
L. Constrain the proposal to that which is within the capability of
the Forest to analyze given: 1. The national schedule for regions to
publish their Forest Motor Vehicle Use Maps. For the Modoc National
Forest the publication deadline is approximately March 2009. 2.
Available funding (road and trail management budgets). 3. Available
resources (resource data and staff time).
Proposed Action
1. The prohibition of cross-country wheeled motorized vehicle
travel off designated NFS roads, NFS trails and areas by the public
except as allowed by permit or other authorization.
[[Page 26957]]
2. Motorized Road Additions: The Modoc NF currently manages and
maintains approximately 4,973 miles of NFS roads and 1.76 miles of NFS
motorized trails. Based on the stated purpose and need for action, and
as a result of the recent travel analysis process which included public
input and an interdiscipinary evaluation of each road, the Modoc NF
proposes to add 1170 existing unauthorized routes to its NFS roads.
These additions equal approximately 339 miles and would raise the total
NFS roads to approximately 5,312 miles. Maps and tables describing in
detail both the Modoc NF transportation system and the proposed action
can be found at https://www.fs.fed.us/r5/modoc. Approximately 20 miles
or 74 of the added routes will have seasonal restrictions.
3. Make the following changes to existing NFS roads:
a. Add seasonal restrictions to approximately 313 miles of 214
existing NFS roads.
b. Allow non-street legal vehicle access on approximately 147 miles
of existing NFS roads where such use is currently prohibited: Motor
vehicle operation on National Forest System roads is subject to both
federal and state laws and regulations. National Forest System (NFS)
roads maintained by the Modoc NF, for travel by a prudent driver in a
standard passenger car, are subject to the federal Highway Safety Act
and are considered highways for purposes of the California Vehicle Code
(CVC) Division 16.5. These roads are currently open to highway legal
vehicles only.
c. Close NFS road 46B29HB (road along Boles Creek between Clear
Lake and Steel Swamp) to public use.
4. Amend the Modoc NF Land and Resource Management Plan for areas
not covered under the Sierra Nevada Forest Plan Amendment by removing
the objective ``Keep over 87% of the Forest open to OHVs (Modoc LRMP p.
4-11)'' and numerous standards and guidelines in the LRMP regarding
keeping areas open for OHV use. The list of standards and guidelines to
be amended can be found on our website as stated below. Include as a
forest-wide standard ``Prohibit wheeled vehicle travel off designated
roads and trails except for administrative use or uses under permitted
activities''.
Maps and tables describing in detail both the Modoc NF
transportation system and the proposed action can found at https://
www.fs.fed.us/r5/modoc. In addition, maps will be available for viewing
at:
1. Modoc National Forest, 800 W 12th Street, Alturas, CA 96101.
2. Warner Mountain Ranger District, 385 Wallace Street, Cedarville,
CA 96104.
3. Doublehead Ranger District, 49870 Hwy 139, Tulelake, CA 96134.
4. Big Valley Ranger District, 508 Main Street, Adin, CA 96006.
Responsible Official
Stanley G. Sylva, Forest Supervisor, Modoc National Forest, 800 W
12th Street, Alturas, CA 96101.
Nature of Decision To Be Made
The responsible official will decide whether to adopt and implement
the proposed action, an alternative to the proposed action, or take no
action to make changes to the existing Modoc National Forest
Transportation System; prohibit cross country wheeled motorized vehicle
travel by the public off the designated system; and amend the Modoc
LRMP, as described above. Once the decision is made, the Modoc National
Forest will publish a Motor Vehicle Use Map (MVUM) identifying the
roads and trails that are designated for motor vehicle use. The MVUM
shall specify the classes of vehicles and, if appropriate, the times of
year for which use is designated. Future decisions associated with
changes to the MVUM may trigger the need for documentation of
environmental analysis.
Scoping Process
Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from federal, state, and local agencies and
other individuals or organizations who may be interested in or affected
by the proposed action.
The Modoc National Forest met with local elected officials, Tribes,
federal advisory groups, and community groups, including service and
professional organizations, to discuss the Travel Management Rule and
travel management on the Forest. In November 2007, public open houses
were held in Cedarville, CA; Alturas, CA; Adin, CA; and Tulelake, CA to
gather information about which routes the public uses and to identify
routes missed in the inventory of unauthorized routes. Additionally,
maps of inventoried routes were available on the Forest's Web site and
Forest Service offices. The public used these maps to provide input
into the process.
The Notice of Intent is expected to be published in the Federal
Register on May 12, 2008. The comment period on the proposed action
will extend 30 days from the date the Notice of Intent is published in
the Federal Register. Public Open Houses will be held on May 19, 20, 28
and 29, in Cedarville, CA; Alturas, CA; Adin, CA and Tulelake, CA to
review maps and to discuss the proposed action.
The draft environmental impact statement is estimated to be filed
with the Environmental Protection Agency (EPA) and to be available for
public review by the end of September 2008. EPA will publish a notice
of availability of the draft EIS in the Federal Register. The comment
period on the draft EIS will extend 45 days from the date the EPA
notice appears in the Federal Register. At that time, copies of the
draft EIS will be distributed to interested and affected agencies,
organizations, and members of the public for their review and comment.
It is very important that those interested in the management of the
Modoc National Forest participate at that time.
The final EIS is estimated to be completed by December 31, 2008. In
the final EIS, the Forest Service will respond to comments received
during the comment period that pertain to the environmental
consequences discussed in the draft EIS and applicable laws,
regulations, and policies considered in making the decision. Submission
of comments in response to the draft EIS is a prerequisite for
eligibility to appeal under the 36 CFR part 215 regulations.
Comment Requested
This Notice of Intent initiates the scoping process which guides
the development of the environmental impact statement.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register.
The Forest Service believes, 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
draft environmental impact statements 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
draft environmental impact statement stage but that are not raised
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until after completion of the final environmental impact statement 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 so that comments
and objections are made available to the Forest Service at a time when
it can meaningfully consider them and respond to them in the final
environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft environmental impact statement. Comments may also address the
adequacy of the draft environmental impact statement 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.
Dated: May 1, 2008.
Stanley G. Sylva,
Forest Supervisor.
[FR Doc. E8-10235 Filed 5-9-08; 8:45 am]
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