Sensitive Species and Endangered Species Act Section 7 Consultation Policy for National Forest System Land Management Planning Under the 2008 Planning Rule, 46242-46244 [E8-18283]

Download as PDF 46242 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices pwalker on PROD1PC71 with NOTICES The draft EIS is expected to be filed with the Environmental Protection Agency (EPA) and to be available for public review by January 2009. 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 Shasta-Trinity National Forest participate at that time. The final EIS is scheduled to be completed in July 2009. In the final EIS, the Forest Service will respond to comments received during the comment period that are: within the scope of the proposed action; specific to the proposed action; have a direct relationship to the proposed action; and include supporting reasons for the responsible official to consider. 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 EIS. Early Notice of Importance of Public Participation in Subsequent Environmental Review: A draft EIS will be prepared for comment. The comment period on the draft environmental impact statement will be 45-days from the date the EPA publishes the notice of availability in the Federal Register. 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 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 VerDate Aug<31>2005 17:25 Aug 07, 2008 Jkt 214001 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 EIS. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft EIS should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft EIS. Comments may also address the adequacy of the draft EIS 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: July 28, 2008. J. Sharon Heywood, Forest Supervisor. [FR Doc. E8–17995 Filed 8–7–08; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE Forest Service RIN 0596–AC54 Sensitive Species and Endangered Species Act Section 7 Consultation Policy for National Forest System Land Management Planning Under the 2008 Planning Rule Forest Service, USDA. Notice of issuance of interim directive; request for comment. AGENCY: ACTION: SUMMARY: The Forest Service has issued an interim directive (ID) 2670–2008–1 to the Forest Service Manual 2670, sections 45 and 46, to clarify sensitive species and Endangered Species Act policy responsibilities of Forest Supervisors and District Rangers when developing, amending, or revising Land Management Plans (LMPs) under the 2008 Planning Rule, or carrying out projects and activities consistent with those LMPs (36 CFR part 219). DATES: This Interim Directive is effective August 8, 2008. Comments must be received in writing by September 8, 2008. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Send written comments to: Forest Service, USDA, Attn: Director Wildlife, Fish, Watershed, Air and Rare Plants, Mail Stop 1121, Washington, DC 20250–1125. Comments may also be e-mailed to: 2670_comments@fs.fed.us. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. Persons wishing to inspect the comments are encouraged to call ahead, contacting Wayne Owen, 202–205–1262. FOR FURTHER INFORMATION CONTACT: Marc Bosch, Wildlife, Fish, Watershed, Air and Rare Plants Staff, (202) 205– 1220. The ID 2670–2008–01 is available electronically from the Forest Service via the World Wide Web/Internet at https://www.fs.fed.us/im/directives and in this notice. Single paper copies of the amendment are also available by contacting Marc Bosch, Threatened, Endangered, and Sensitive Species National Program Leader, Wildlife, Fish, Watershed, Air and Rare Plants Staff, (Mail Stop 1121), Forest Service, 1400 Independence Avenue, SW., Washington, DC 20250–1121. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: This interim directive (ID) clarifies the responsibilities of Forest Supervisors when developing, amending, or revising Land Management Plans (LMPs) under the 2008 Planning Rule. This ID also clarifies responsibilities of Forest Supervisors and District Rangers when approving projects and activities consistent with those (36 CFR part 219). The intended effect of issuing this interim directive is to provide guidance to those Forest Service line officers and other agency employees who are developing and revising LMP’s under the 2008 Planning Rule regarding sensitive species and Endangered Species Act policy responsibilities. Because of pending LMP revisions, and to align agency policy with statutory and regulatory responsibilities, there is an immediate need to supersede the existing Forest Service Manual regarding policies that apply to such revisions. Public comments on this interim direction will be considered in the development of final direction. A comprehensive review of the entire FMS 2670 chapter is being done, and further changes may result from that separate effort. The ID clarifies proper consideration of Forest Service manual direction for ADDRESSES: E:\FR\FM\08AUN1.SGM 08AUN1 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices sensitive species to reflect and align with the direction for forest plans to be completed under the 2008 Planning Rule. The species diversity component of the framework for ecological sustainability under the 2008 Planning Rule uses species of concern (SOC) and species of interest (SOI) to address the diversity requirements in the National Forest Management Act. Species conservation using SOC and SOI is an integral part of the forest planning process for Ecosystem Diversity and Species Diversity and replaces the need for sensitive species. FSM 2670 chapter concerning sensitive species remains unchanged for LMPs not developed, amended, or revised under the 2008 Planning Rule and for approving projects and activities consistent with those LMPs. The ID also describes changes needed because the framework for ecological sustainability established under the 2008 Planning Rule makes a biological evaluation for an LMP developed, amended or revised under the 2008 Planning Rule contingent on whether the LMP will have effects on listed species or designated critical habitat under the Endangered Species Act (ESA). Responsibilities remain unchanged for conducting ESA section 7(a)(2) consultation for projects and activities that are consistent with the relevant LMP. Regulatory Planning and Review Environmental Impact pwalker on PROD1PC71 with NOTICES Regulatory Certifications This proposed interim directive has been reviewed under USDA procedures and Executive Order 12866, amended by Executive Order 13422, Regulatory Planning and Review. It has been determined that this is not a significant policy. This policy to clarify agency direction will not have an annual effect of $100 million or more on the economy nor adversely affect productivity, competition, jobs, the environment, public health or safety, nor State or local governments. This policy would not interfere with an action taken or planned by another agency nor raise new legal or policy issues. Finally, this action would not alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients of such programs. Accordingly, this policy is not subject to Office of Management and Budget review under Executive Order 12866. Moreover, this proposed policy has been considered in light of Executive Order 13272 regarding proper consideration of small entities and the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An initial small entities flexibility assessment has been made and it has been determined that this action will not have a significant economic impact on a substantial number of small entities as defined by SBREFA. Unfunded Mandates This proposed interim directive to Forest Service Manual 2670 clarifies sensitive species and Endangered Species Act policy responsibilities of Forest Supervisors and District Rangers when developing, amending or revising Land Management Plans under the 2008 Planning Rule, or for carrying out projects and activities consistent with those LMPs (36 CFR part 219). Section 31.1b of FSH 1909.15 (57 FR 43180, September 18, 1992) excludes from documentation in an environmental assessment or impact statement ‘‘rules, regulations, or policies to establish servicewide administrative procedures, program processes, or instructions.’’ The agency’s preliminary assessment is that this interim action falls within this category of actions, and that no extraordinary circumstances exist as currently defined which would require preparation of an environmental impact statement or environmental assessment. A final determination will be made upon adoption of the final directive. Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538), which the President signed into law on March 22, 1995, the agency has assessed the effects of this action on State, local, and tribal governments and the private sector. This action would not compel the expenditure of $100 million or more by any State, local, or tribal government or anyone in the private sector. Therefore, a statement under section 202 of the act is not required. VerDate Aug<31>2005 17:25 Aug 07, 2008 Jkt 214001 Controlling Paperwork Burdens on the Public This interim directive does not contain any additional record-keeping or reporting requirements associated with the special uses program or other information collection requirements as defined in 5 CFR part 1320 that are not already required by law or not already approved for use. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 46243 regulations at 5 CFR part 1320 do not apply. Dated: July 3, 2008. Gloria Manning, Associate Deputy Chief for National Forest Systems. Specific changes to the manual text include adding new paragraphs 7 and 8 to section 2670.45 and adding new paragraph 6 to section 2670.46. 2670.45—Forest Supervisors 7. When developing, amending or revising Land Management Plans (LMP) under the 2008 Planning Rule (36 CFR part 219; see also FSM 1921.73, and FSH 1909.12) and approving a project of activity consistent with those LMPs, do not apply guidance contained in this chapter (FSM 2670) that pertains to sensitive species. 8. Approval of an LMP, amendment, or revision developed under the 2008 Planning Rule is an action that typically will have no effect on listed species or designated critical habitat under the Endangered Species Act (ESA). However, an LMP, amendment or revision is itself not an action within the meaning of the ESA. Do not apply guidance contained in this chapter (FSM 2670) that pertains to conducting a biological assessment unless the LMP, amendment, or revision may have an effect on threatened or endangered species or is likely to jeopardize the continued existence of a proposed species, or will result in the destruction or adverse modification of designated or proposed critical habitat (FSM 2670.31). Collaboration with the Fish and Wildlife Service and NOAA Fisheries under section 7(a)(1) on the LMP for the conservation of endangered and threatened species is appropriate. Continue coordination of projects and activities with state and federal agencies, groups, and individuals interested in species diversity. When developing and approving projects or activities, ensure they are consistent with LMP components for ecosystem and species diversity, species-ofconcern and/or species-of-interest. 2670.46—District Rangers 6. When developing and approving projects or activities consistent with an LMP developed, amended or revised under the 2008 Planning Rule (36 CFR part 219; see also FSM 1921.73 and FSH 1909.12), do not apply guidance contained in this chapter (FSM 2670) that pertains to sensitive species. Continue coordination of projects and activities with state and federal agencies, groups, and individuals interested in species diversity. When E:\FR\FM\08AUN1.SGM 08AUN1 46244 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED products and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the products and services proposed for addition to the Procurement List. Procurement List; Additions End of Certification Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to the Procurement List. Accordingly, the following products and services are added to the Procurement List: developing and approving projects or activities, ensure they are consistent with LMP components for ecosystem and species diversity, species-ofconcern and/or species-of-interest. [FR Doc. E8–18283 Filed 8–7–08; 8:45 am] BILLING CODE 3410–11–P AGENCY: This action adds to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: Effective Date: September 7, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202–3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone: (703) 603–7740, Fax: (703) 603–0655, or e-mail CMTEFedReg@jwod.gov. SUPPLEMENTARY INFORMATION: The Committee for Purchase From People Who Are Blind or Severely Disabled published notice on May 9 (73 FR 26362), June 6 (73 FR 32286), June 16 (73 FR 33972) and June 20, 2008 (73 FR 35118) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and services and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51– 2.4. pwalker on PROD1PC71 with NOTICES SUMMARY: Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the VerDate Aug<31>2005 17:25 Aug 07, 2008 Jkt 214001 Products Aircraft Assembly Parts NSN: 1560–00–870–1656—Cover Access, NSN: 1560–00–875–6001—Support, Structural, NSN: 1560–01–114–0870—Bracket Assembly, NSN: 1560–01–153–9682—Weather Strip, NSN: 5365–00–159–3781—Shim, NSN: 5365–00–159–3792—Shim. NPA: The Lighthouse for the Blind, Inc. (Seattle Lighthouse), Seattle, WA. Coverage: C-List for the requirement of the Defense Supply Center Richmond, Richmond, VA. Contracting Activity: Defense Supply Center Richmond, Richmond, VA. Dispenser, Tape NSN: 7520–00–NIB–1882—Package Sealing. NPA: Cincinnati Association for the Blind, Cincinnati, OH. Coverage: A-List for the total Government requirements as specified by the General Services Administration. SKILCRAFT Bath & Shower Scrubber & Refill NSN: M.R. 1101—SKILCRAFT Bath & Shower Scrubber, NSN: M.R. 1102—SKILCRAFT Bath & Shower Scrubber (Refill). NPA: Industries for the Blind, Inc., West Allis, WI. Contracting Activity: Defense Commissary Agency (DeCA), Fort Lee, VA. Sponge, Cellulose Heavy Duty Scrubber NSN: 7920–00–NIB–0466. NPA: Mississippi Industries for the Blind, Jackson, MS. Coverage: B-List for the broad Government requirements as specified by the General Services Administration. Contracting Activity: General Services Administration, Southwest Supply Center, Fort Worth, TX. Portfolio, Clear Front Report Cover w/Prongs NSN: 7510–00–NIB–0811—Black with prongs, NSN: 7510–00–NIB–0812—Light Blue with prongs, NSN: 7510–00–NIB–0813—Red with prongs, NSN: 7510–00–NIB–0814—Dark Green with prongs. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 NPA: Susquehanna Association for the Blind and Visually Impaired, Lancaster, PA. Coverage: A-List for the total Government requirements as specified by the General Services Administration. Services Service Type/Location: Administrative Support Services, Caribbean National Forest, El Portal Rain Forest Center, Rio Grande, PR. NPA: The Corporate Source, Inc., New York, NY. Contracting Activity: U.S. Department of Agriculture, Forest Service Cherokee, National Forests—Tennessee, Cleveland, TN. Service Type/Location: Base Supply Center, Naval Surface Warfare Center, Crane Division, Crane, IN. NPA: L.C. Industries For The Blind, Inc., Durham, NC. Contracting Activity: Fleet and Industrial Supply Center (FISC), Norfolk, VA. Service Type/Location: Custodial Services, Senate Employee Child Care Center, 321 Massachusetts Avenue, NE., Washington, DC. NPA: Melwood Horticultural Training Center, Upper Marlboro, MD. Contracting Activity: The Architect of the Capitol, AOC Procurement Division, Washington, DC. Service Type/Location: Document Destruction, U.S. Army Corps of Engineers (USACE), Albuquerque District, 4101 Jefferson Plaza, NE., Albuquerque, NM. NPA: Adelante Development Center, Inc., Albuquerque, NM. Contracting Activity: U.S. Army Corps of Engineers, Albuquerque, NM. Service Type/Location: Document Destruction, U.S. Army Corps of Engineers (USACE), Albuquerque District, 4101 Jefferson Plaza, NE., Albuquerque, NM. NPA: Adelante Development Center, Inc., Albuquerque, NM. Contracting Activity: U.S. Army Corps of Engineers, Albuquerque, NM. Service Type/Location: Hospital Housekeeping Services, Baltimore VA Medical Center, 10 North Green Street, Baltimore, MD. NPA: Lakeview Center, Inc., Pensacola, FL. Contracting Activity: Veterans Affairs Maryland Health Care System, Baltimore, MD. Service Type/Location(s): Laundry Services, Clement J. Zablocki Veterans Affairs Medical Center, 5000 West National Avenue, Milwaukee, WI. Laundry Services, North Chicago Veterans Affairs Medical Center, 3001 Green Bay Road, North Chicago, IL. NPA: Goodwill Industries of Southeastern Wisconsin, Inc., Milwaukee, WI. Contracting Activity: Department of Veterans Affairs, Great Lakes Network—Contract Service Center, Milwaukee, WI. Service Type/Location: MailRoom Operations, Fort Knox, Fort Knox, KY. NPA: Employment Source, Inc., Fayetteville, NC. E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Notices]
[Pages 46242-46244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18283]


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

DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC54


Sensitive Species and Endangered Species Act Section 7 
Consultation Policy for National Forest System Land Management Planning 
Under the 2008 Planning Rule

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of interim directive; request for comment.

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

SUMMARY: The Forest Service has issued an interim directive (ID) 2670-
2008-1 to the Forest Service Manual 2670, sections 45 and 46, to 
clarify sensitive species and Endangered Species Act policy 
responsibilities of Forest Supervisors and District Rangers when 
developing, amending, or revising Land Management Plans (LMPs) under 
the 2008 Planning Rule, or carrying out projects and activities 
consistent with those LMPs (36 CFR part 219).

DATES: This Interim Directive is effective August 8, 2008. Comments 
must be received in writing by September 8, 2008.

ADDRESSES: Send written comments to: Forest Service, USDA, Attn: 
Director Wildlife, Fish, Watershed, Air and Rare Plants, Mail Stop 
1121, Washington, DC 20250-1125. Comments may also be e-mailed to: 
2670_comments@fs.fed.us.
    All comments, including names and addresses when provided, are 
placed in the record and are available for public inspection and 
copying. Persons wishing to inspect the comments are encouraged to call 
ahead, contacting Wayne Owen, 202-205-1262.

FOR FURTHER INFORMATION CONTACT: Marc Bosch, Wildlife, Fish, Watershed, 
Air and Rare Plants Staff, (202) 205-1220. The ID 2670-2008-01 is 
available electronically from the Forest Service via the World Wide 
Web/Internet at https://www.fs.fed.us/im/directives and in this notice. 
Single paper copies of the amendment are also available by contacting 
Marc Bosch, Threatened, Endangered, and Sensitive Species National 
Program Leader, Wildlife, Fish, Watershed, Air and Rare Plants Staff, 
(Mail Stop 1121), Forest Service, 1400 Independence Avenue, SW., 
Washington, DC 20250-1121.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: This interim directive (ID) clarifies the 
responsibilities of Forest Supervisors when developing, amending, or 
revising Land Management Plans (LMPs) under the 2008 Planning Rule. 
This ID also clarifies responsibilities of Forest Supervisors and 
District Rangers when approving projects and activities consistent with 
those (36 CFR part 219).
    The intended effect of issuing this interim directive is to provide 
guidance to those Forest Service line officers and other agency 
employees who are developing and revising LMP's under the 2008 Planning 
Rule regarding sensitive species and Endangered Species Act policy 
responsibilities. Because of pending LMP revisions, and to align agency 
policy with statutory and regulatory responsibilities, there is an 
immediate need to supersede the existing Forest Service Manual 
regarding policies that apply to such revisions. Public comments on 
this interim direction will be considered in the development of final 
direction. A comprehensive review of the entire FMS 2670 chapter is 
being done, and further changes may result from that separate effort.
    The ID clarifies proper consideration of Forest Service manual 
direction for

[[Page 46243]]

sensitive species to reflect and align with the direction for forest 
plans to be completed under the 2008 Planning Rule. The species 
diversity component of the framework for ecological sustainability 
under the 2008 Planning Rule uses species of concern (SOC) and species 
of interest (SOI) to address the diversity requirements in the National 
Forest Management Act. Species conservation using SOC and SOI is an 
integral part of the forest planning process for Ecosystem Diversity 
and Species Diversity and replaces the need for sensitive species.
    FSM 2670 chapter concerning sensitive species remains unchanged for 
LMPs not developed, amended, or revised under the 2008 Planning Rule 
and for approving projects and activities consistent with those LMPs.
    The ID also describes changes needed because the framework for 
ecological sustainability established under the 2008 Planning Rule 
makes a biological evaluation for an LMP developed, amended or revised 
under the 2008 Planning Rule contingent on whether the LMP will have 
effects on listed species or designated critical habitat under the 
Endangered Species Act (ESA).
    Responsibilities remain unchanged for conducting ESA section 
7(a)(2) consultation for projects and activities that are consistent 
with the relevant LMP.

Regulatory Certifications

Environmental Impact

    This proposed interim directive to Forest Service Manual 2670 
clarifies sensitive species and Endangered Species Act policy 
responsibilities of Forest Supervisors and District Rangers when 
developing, amending or revising Land Management Plans under the 2008 
Planning Rule, or for carrying out projects and activities consistent 
with those LMPs (36 CFR part 219). Section 31.1b of FSH 1909.15 (57 FR 
43180, September 18, 1992) excludes from documentation in an 
environmental assessment or impact statement ``rules, regulations, or 
policies to establish servicewide administrative procedures, program 
processes, or instructions.'' The agency's preliminary assessment is 
that this interim action falls within this category of actions, and 
that no extraordinary circumstances exist as currently defined which 
would require preparation of an environmental impact statement or 
environmental assessment. A final determination will be made upon 
adoption of the final directive.

Regulatory Planning and Review

    This proposed interim directive has been reviewed under USDA 
procedures and Executive Order 12866, amended by Executive Order 13422, 
Regulatory Planning and Review. It has been determined that this is not 
a significant policy. This policy to clarify agency direction will not 
have an annual effect of $100 million or more on the economy nor 
adversely affect productivity, competition, jobs, the environment, 
public health or safety, nor State or local governments. This policy 
would not interfere with an action taken or planned by another agency 
nor raise new legal or policy issues. Finally, this action would not 
alter the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients of such programs. 
Accordingly, this policy is not subject to Office of Management and 
Budget review under Executive Order 12866.
    Moreover, this proposed policy has been considered in light of 
Executive Order 13272 regarding proper consideration of small entities 
and the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), which amended the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). An initial small entities flexibility assessment has been made 
and it has been determined that this action will not have a significant 
economic impact on a substantial number of small entities as defined by 
SBREFA.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the agency has assessed the effects of this action on State, 
local, and tribal governments and the private sector. This action would 
not compel the expenditure of $100 million or more by any State, local, 
or tribal government or anyone in the private sector. Therefore, a 
statement under section 202 of the act is not required.

Controlling Paperwork Burdens on the Public

    This interim directive does not contain any additional record-
keeping or reporting requirements associated with the special uses 
program or other information collection requirements as defined in 5 
CFR part 1320 that are not already required by law or not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply.

    Dated: July 3, 2008.
Gloria Manning,
Associate Deputy Chief for National Forest Systems.
    Specific changes to the manual text include adding new paragraphs 7 
and 8 to section 2670.45 and adding new paragraph 6 to section 2670.46.

2670.45--Forest Supervisors

    7. When developing, amending or revising Land Management Plans 
(LMP) under the 2008 Planning Rule (36 CFR part 219; see also FSM 
1921.73, and FSH 1909.12) and approving a project of activity 
consistent with those LMPs, do not apply guidance contained in this 
chapter (FSM 2670) that pertains to sensitive species.
    8. Approval of an LMP, amendment, or revision developed under the 
2008 Planning Rule is an action that typically will have no effect on 
listed species or designated critical habitat under the Endangered 
Species Act (ESA). However, an LMP, amendment or revision is itself not 
an action within the meaning of the ESA. Do not apply guidance 
contained in this chapter (FSM 2670) that pertains to conducting a 
biological assessment unless the LMP, amendment, or revision may have 
an effect on threatened or endangered species or is likely to 
jeopardize the continued existence of a proposed species, or will 
result in the destruction or adverse modification of designated or 
proposed critical habitat (FSM 2670.31). Collaboration with the Fish 
and Wildlife Service and NOAA Fisheries under section 7(a)(1) on the 
LMP for the conservation of endangered and threatened species is 
appropriate. Continue coordination of projects and activities with 
state and federal agencies, groups, and individuals interested in 
species diversity. When developing and approving projects or 
activities, ensure they are consistent with LMP components for 
ecosystem and species diversity, species-of-concern and/or species-of-
interest.

2670.46--District Rangers

    6. When developing and approving projects or activities consistent 
with an LMP developed, amended or revised under the 2008 Planning Rule 
(36 CFR part 219; see also FSM 1921.73 and FSH 1909.12), do not apply 
guidance contained in this chapter (FSM 2670) that pertains to 
sensitive species. Continue coordination of projects and activities 
with state and federal agencies, groups, and individuals interested in 
species diversity. When

[[Page 46244]]

developing and approving projects or activities, ensure they are 
consistent with LMP components for ecosystem and species diversity, 
species-of-concern and/or species-of-interest.

[FR Doc. E8-18283 Filed 8-7-08; 8:45 am]
BILLING CODE 3410-11-P
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