Conejos Peak Ranger District, Rio Grande National Forest; Colorado; Rio de los Pinos Vegetation Management Project, 60231-60233 [E8-24112]
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
consistency of sampling and testing
procedures used by FSIS and industry
for E. coli O157:H7 in beef
manufacturing trimmings and to solicit
comment on how to improve uniformity
and consistency in such sampling and
testing. FSIS will also discuss the
laboratory enrichment procedure that it
began using in January 2008 (73 FR
53406; September 16, 2008) and its
likely impact on sensitivity for
identifying more positives in beef.
The discussion will also include the
draft ‘‘Compliance Guideline for
Sampling Beef Trimmings for
Escherichia coli O157:H7.’’ It can be
found on the FSIS Web page at:
https://www.fsis.usda.gov/
Significant_Guidance/index.asp. FSIS is
particularly interested in discussing the
importance of distinguishing the
occasional or sporadic positive from a
series of positive results that indicate a
systemic cause or breakdown of the
process controls (‘‘high event days’’).
This determination is important for
decisions regarding the microbiological
independence of production lots and
the disposition of product, as well as the
necessary feedback loop between
slaughter operations and further
processing operations to ensure
implementation of effective corrective
and preventive actions.
FSIS will also discuss the draft
guidance on the use of labels bearing E.
coli O157:H7 testing claims (such as
statements indicating that labeled
product has been sampled under an N60
procedure). This guidance is also
available on the FSIS Web page at
https://www.fsis.usda.gov/
Significant_Guidance/index.asp. Such
special label claims would be voluntary,
and FSIS must approve the labels. The
draft guidance provides information to
establishments concerning the
conditions they must meet to be able to
use such claims on their raw beef
products. Importantly, the use of such
label claims could provide the further
processor with greater assurance
regarding prior controls for E. coli
O157:H7 than certificates of analysis
(COAs) currently provide. Many small
and very small establishments have
indicated that they have difficulty
receiving COAs either from the
distributor or supplier establishment.
In addition, presentations will be
given on the training used by FSIS
concerning proper sampling procedures
for E. coli O157:H7 and the training
developed by industry on N60 sampling
procedures. FSIS also anticipates that
the meeting will help identify issues of
concern about pathogens other than E.
coli O157:H7, including Listeria
monocytogenes and Salmonella.
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Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, in an effort to
ensure that minorities, women, and
persons with disabilities are aware of
this notice, FSIS will announce it online through the FSIS Web page located
at https://www.fsis.usda.gov/regulations/
2008_Notices_Index/.
FSIS also will make copies of this
Federal Register publication available
through the FSIS Constituent Update,
which is used to provide information
regarding FSIS policies, procedures,
regulations, Federal Register notices,
FSIS public meetings, and other types of
information that could affect or would
be of interest to constituents and
stakeholders. The Update is
communicated via Listserv, a free
electronic mail subscription service for
industry, trade groups, consumer
interest groups, health professionals and
other individuals who have asked to be
included. The Update is also available
on the FSIS Web page. Through the
Listserv and the Web page, FSIS is able
to provide information to a much
broader and more diverse audience. In
addition, FSIS offers an e mail
subscription service which provides
automatic and customized access to
selected food safety news and
information. This service is available at
https://www.fsis.usda.gov/
news_and_events/email_subscription/.
Options range from recalls to export
information to regulations, directives
and notices. Customers can add or
delete subscriptions themselves, and
have the option to password protect
their accounts.
Done at Washington, DC on: October 7,
2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8–24216 Filed 10–7–08; 4:15 pm]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Forest Service
Conejos Peak Ranger District, Rio
Grande National Forest; Colorado; Rio
de los Pinos Vegetation Management
Project
Forest Service, Rio Grande
National Forest, USDA.
ACTION: Notice of intent to prepare an
environmental impact statement.
AGENCY:
SUMMARY: The project analyzes salvage
harvesting of spruce beetle killed and
infested trees on timber production
areas in the Rio de los Pinos watershed.
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60231
This project will provide an opportunity
to improve and relocate the Los Pinos
Trailhead (Trail #736). This area was
analyzed under the County Line
Vegetation Management Project in June
2005, however changing forest
conditions have warranted further
analysis. An EA was initiated in 2007,
and comments received during scoping
and controversy surrounding similar
projects on the Rio Grande National
Forest indicate that an environmental
impact statement (EIS) should be
prepared.
DATES: Comments concerning the scope
of the analysis must be received by 30
days from the date of this notice. The
draft environmental impact statement is
expected December 12, 2008 and the
final environmental impact statement is
expected February 2, 2009.
ADDRESSES: Send written comments to
Mr. Jack Lewis, Team Leader, Rio
Grande National Forest, Conejos Peak
Ranger District, 15571 CR T.5, LaJara,
CO 81140. Electronic mail (e-mail with
subject, Rio de los Pinos comments)
may be sent to comments-rockymountain.rio-grande-conejospeak@fs.fed.us and a FAX may be sent
to (719) 274–6301.
FOR FURTHER INFORMATION CONTACT:
Same as above.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose of this action is to
implement the Rio Grande National
Forest’s Forest Plan by making live and
dead timber available to the timber
industry as part of the Rio Grande
National Forest’s timber sale program.
This proposal has been initiated
because existing conditions vary from
the Desired Conditions defined in Forest
Plan MAP 5.13. This disparity indicates
a need for improved forest stand
conditions, reforestation of areas
severely impacted by spruce beetle,
reducing long-term fuel buildup in areas
severely impacted by spruce beetle,
salvage of dead trees before they lose
their economic value, and provision of
wood products to benefit the local and
regional economy.
When seeking to reduce the standing
dead fuel component, the goal is to
reduce the duration and intensity of a
potential wildland fire, thus influencing
the severity of its impact. Standing dead
fuel is expected to become heavy down
fuel within 20–50 years.
Proposed Action
The Rio Grande National Forest
proposes to salvage Engelmann spruce
trees that have been killed by, or are
infested with, spruce beetle.
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60232
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
Additionally, we propose to perform 1⁄4
to 5 acre patch cuts across the salvage
units to enhance visual resources, and
to regenerate areas heavily impacted by
the spruce beetle by planting
Engelmann spruce seedlings within the
Rio de los Pinos Analysis Area. The
proposed treatments would contribute
toward providing a sustained yield of
forest products from the Rio Grande
National Forest and would ensure
meeting or moving toward Forest Plan
Desired Conditions for Management
Area Prescriptions (MAP) 5.13. This
proposed action would begin in 2009–
2010.
Salvage harvesting of Engelmann
spruce would occur on approximately
607 to 878 acres. Anywhere from 38 to
60 trees per acre 8″ DBH and above will
remain in the salvage units for scenic
resources. Patch cuts would occur on
approximately 60 acres, harvesting both
Engelmann spruce and Subalpine fir.
Ground-based logging systems would be
utilized on the entire area, yielding 8–
13.1 MMBF (16,000–26,200 ccf) timber
volume. After harvest, reforestation
would occur on approx. 200 acres of
non-stocked and under-stocked areas.
The exact planting area would depend
how well existing natural regeneration
meets Forest Plan stocking
requirements.
Under this proposal, trees 8 inches
DBH and larger would be considered for
harvest. With the exception of the patch
cuts, all live non-beetle infested trees
not interfering with operations would be
left. Rehabilitation of areas experiencing
heavy spruce mortality would occur
through natural and artificial
regeneration.
Most of the treatment areas are
accessible using the existing
transportation system. Some road
reconstruction, maintenance, and
reopening one or more old unclassified
roads would be required. Upon project
completion, all classified roads that
were closed to motor vehicle travel prior
to the project would remain closed.
Classified roads that are presently
closed and old roads that would be
reconstructed for log haul would be
rehabilitated by subsoiling and seeding
according to Project Design Criteria to
reduce resource impacts and to put the
road templates back into resource
production.
Actions proposed in this EIS will
provide an opportunity to relocate and
improve the Los Pinos trailhead (Trail
736) which currently has little parking
space and is only accessible by high
clearance vehicles.
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Responsible Official
Roberto Martinez, District Ranger,
Conejos Peak Ranger District, 15571
County Road T.5, La Jara, CO 81140.
Nature of Decision To Be Made
The EIS discloses the environmental
consequences of implementing the
proposed action and alternatives to that
action. A separate Decision Notice (DN),
signed by the Responsible Official, will
explain the management and
environmental reasons for choosing the
selected alternative; discuss the
rationale for rejecting other alternatives;
and disclose how the decision responds
to the relevant issues.
The decision for the responsible
officials to make in the DN is whether
or not to implement some level of
timber sale harvest and other activities
described on all, part, or none of the
Analysis Area given considerations of
multiple-use goals and objectives. If the
decision is made to authorize some level
of harvest, the management framework
will be described (including Standards
and monitoring) to ensure that Desired
Condition objectives are met or that
movement occurs toward those
objectives in an acceptable timeframe.
Scoping Process
The Rio Grande National Forest
invited public comment and
participation regarding this project
through the Schedule of Proposed
Actions (SOPA), public notice in the
Valley Courier (October 9, 2008)—the
newspaper of record, and a scoping
letter sent to potentially concerned
public, tribal governments, State and
other Federal agencies (October 9,
2008). Comments received in these
previous scoping efforts will be retained
and considered in this EIS.
An additional comment period will be
provided during scoping for this EIS in
the form of this notice in the Federal
Register, the Schedule of Proposed
Actions (SOPA), public notice in the
Valley Courier—the newspaper of
record, and letters sent to potentially
concerned public, tribal governments,
State and other Federal agencies.
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. The Forest Service
invites written comments on the
proposed action, including any issues to
consider, as well as any concerns
relevant to the analysis. In order to be
most useful, scoping comments should
be received within 30 days of
publication of this Notice of Intent.
Comments received in response to this
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notice, including names and addresses
of those who comment, will be
considered part of the public record on
this Proposed Action and will be
available for public inspection. If you
wish to withhold your name or street
address from public review or from
disclosure under the Freedom of
Information Act (FOIA), you must state
this prominently at the beginning of
your written comment. Such requests
will be honored to the extent allowed by
law, but persons requesting such
confidentiality should be aware that
under the FOIA, confidentiality may be
granted in only very limited
circumstances, such as to protect trade
secrets. The Forest Service will inform
the requester of the agency’s decision
regarding the request for confidentiality,
and where the request is denied, the
agency will return the submission and
notify the requester that the comments
may be resubmitted with or without
name and address within a specified
number of days. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
available for public inspection in their
entirety. Comments submitted
anonymously will be accepted and
considered; however, those who submit
anonymous comments will not have
standing to appeal the subsequent
decision under 36 CFR part 215.
Comments and FS responses will be
addressed and contained in the Final
EIS.
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
until after completion of the final
environmental impact statement may be
waived or dismissed by the courts. City
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
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 substantive
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 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, 36
CFR 220.5(b) and Forest Service Handbook
1909.15, Section 21.
Dated: October 1, 2008.
Roberto Martinez,
District Ranger/Field Office Manager.
[FR Doc. E8–24112 Filed 10–9–08; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Kaibab National Forest; AZ; Uranium
Exploratory Drilling Project
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
mstockstill on PROD1PC66 with NOTICES
ACTION:
SUMMARY: The USDA Forest Service is
preparing an Environmental Impact
Statement (EIS) to consider and disclose
the effects of proposed exploratory
drilling for uranium on National Forest
System (NFS) land. The proposed
exploratory drilling project would occur
on mining claims held by VANE
Minerals, Inc. and Uranium One (with
all exploratory drilling to be completed
by VANE Minerals, Inc.) in the Tusayan
Ranger District, Kaibab National Forest
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20:11 Oct 09, 2008
Jkt 217001
within Townships 27, 28, 29 and 30
North, Ranges 2, 3, 4 and 5 East, Gila
and Salt River Meridian, Coconino
County, Arizona. Exploration is
proposed by VANE Minerals, Inc. to
determine whether uranium deposits
exist on these mining claims. A total of
25 drill sites are planned by VANE
Minerals, Inc. Shallow drill holes would
be drilled to determine whether or not
‘‘breccia pipes’’ occur at the site. Breccia
pipes are the geologic formations found
in the Colorado Plateau region that can
contain uranium minerals. Deep drill
holes would be drilled to confirm the
presence and extent of the breccia pipes
and to gather additional information
regarding the uranium concentrations
found in these pipes. This EIS will
include analyses and will disclose the
potential environmental effects for
future exploratory uranium drilling and
accompanying ground-disturbing
activities at the seven sites that were
part of the VANE project challenged in
Center for Biological Diversity v. Stahn,
Civ. No. 08–8031–PCT–MHM (D. Ariz.).
DATES: Comments on this proposal must
be received by the Kaibab National
Forest (Forest) within 30 days following
the publication of this notice in the
Federal Register. The Draft EIS (DEIS)
for the VANE Minerals Uranium
Exploratory Drilling Project (Project) is
expected to be available for public
review in March 2009. At that time, the
Environmental Protection Agency will
publish a Notice of Availability (NOA)
of the DEIS in the Federal Register. The
NOA will begin a period of public
review that will extend 45 days from the
date of publication of the NOA in the
Federal Register. The Final EIS (EElS)
and a Record of Decision (ROD) are
scheduled to be completed in December
2009.
ADDRESSES: Written comments on this
notice may be mailed or hand-delivered
to Kaibab National Forest, Attn: VANE
Minerals Uranium Exploratory Drilling
Project, 800 S. 6th St., Williams, AZ
86046. Comments may also be
submitted by facsimile to (928) 635–
8208 and by electronic mail (e-mail) to
comments-southwesternkaibab@fs.fed.us. E-mail and facsimile
comments must include the words
‘‘VANE Minerals Uranium Exploratory
Drilling Project.’’
FOR FURTHER INFORMATION CONTACT: For
further information on the VANE
Minerals Uranium Exploratory Drilling
Project (Project), please contact Tom
Mutz, Lands and Minerals Staff Officer,
in writing at Williams and Tusayan
Ranger Districts, 742 S. Clover Rd.,
Williams AZ 86046 or by telephone at
(928) 635–5600. Questions regarding the
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60233
Forest Service NEPA process may be
directed to Alvin Brown, Forest NEPA
Coordinator, at 800 S. 6th St., Williams,
AZ 86046 and telephone (928) 635–
8200.
The
information presented in this notice is
included to help reviewers determine if
they are interested in or potentially
affected by the proposed action.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
In 2006, VANE Minerals, Inc.
submitted a Plan of Operations to the
Forest Service to drill exploration holes
for uranium at a total of (10) sites within
the Tusayan Ranger District, Kaibab
National Forest. A categorical exclusion
from documentation under the National
Environmental Protection Act (NEPA)
was completed in December 2007, and
the Forest Service approved VANE
Minerals, Inc.’s plan to drill on seven (7)
of the ten (10) sites, in areas accessible
by Forest Service roads. Exploratory
drill operations began in March 2008,
and one site was completed.
A lawsuit was filed against the
agency’s use of a categorical exclusion
and a Preliminary Injunction (PI) was
ordered on further uranium exploratory
drilling. The original agency decision
has been withdrawn and an
environmental impact statement will be
completed on the balance of the original
ten (10) sites (one site had exploratory
drilling on it and was rehabilitated
before the PI was instituted by the
court), plus additional proposed sites
VANE Minerals, Inc. submitted to the
Forest Service in 2007.
The agency’s purpose is to analyze the
proposals from VANE Minerals, Inc. and
any reasonable alternatives, including
any mitigation measures to protect the
surface resources in the areas of
exploratory drilling in order to approve
a plan of operations for exploration. The
agency’s need for action is based on
statutes and policy that govern mining
on NFS land.
Most NFS land is subject to the
location of certain minerals under the
Mining Law of 1872, as amended (30
U.S.C. 21–54, et seq.), and the directives
in Forest Service Manual 2800.
Prospecting, locating and developing
the mineral resources on NFS land are
also subject to other rules and
regulations. These include, but are not
limited to, the 1897 Organic
Administration Act, the 1960 MultipleUse Sustained-Yield Act, the 1970
Mining and Minerals Policy Act, and
Regulations at Title 36, Code of Federal
Regulations, part 228A which sets forth
rules and procedures governing the use
of NFS lands in conjunction with
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]]>Agencies
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60231-60233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24112]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Conejos Peak Ranger District, Rio Grande National Forest;
Colorado; Rio de los Pinos Vegetation Management Project
AGENCY: Forest Service, Rio Grande National Forest, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The project analyzes salvage harvesting of spruce beetle
killed and infested trees on timber production areas in the Rio de los
Pinos watershed. This project will provide an opportunity to improve
and relocate the Los Pinos Trailhead (Trail 736). This area
was analyzed under the County Line Vegetation Management Project in
June 2005, however changing forest conditions have warranted further
analysis. An EA was initiated in 2007, and comments received during
scoping and controversy surrounding similar projects on the Rio Grande
National Forest indicate that an environmental impact statement (EIS)
should be prepared.
DATES: Comments concerning the scope of the analysis must be received
by 30 days from the date of this notice. The draft environmental impact
statement is expected December 12, 2008 and the final environmental
impact statement is expected February 2, 2009.
ADDRESSES: Send written comments to Mr. Jack Lewis, Team Leader, Rio
Grande National Forest, Conejos Peak Ranger District, 15571 CR T.5,
LaJara, CO 81140. Electronic mail (e-mail with subject, Rio de los
Pinos comments) may be sent to comments-rocky-mountain.rio-grande-
conejos-peak@fs.fed.us and a FAX may be sent to (719) 274-6301.
FOR FURTHER INFORMATION CONTACT: Same as above.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose of this action is to implement the Rio Grande National
Forest's Forest Plan by making live and dead timber available to the
timber industry as part of the Rio Grande National Forest's timber sale
program.
This proposal has been initiated because existing conditions vary
from the Desired Conditions defined in Forest Plan MAP 5.13. This
disparity indicates a need for improved forest stand conditions,
reforestation of areas severely impacted by spruce beetle, reducing
long-term fuel buildup in areas severely impacted by spruce beetle,
salvage of dead trees before they lose their economic value, and
provision of wood products to benefit the local and regional economy.
When seeking to reduce the standing dead fuel component, the goal
is to reduce the duration and intensity of a potential wildland fire,
thus influencing the severity of its impact. Standing dead fuel is
expected to become heavy down fuel within 20-50 years.
Proposed Action
The Rio Grande National Forest proposes to salvage Engelmann spruce
trees that have been killed by, or are infested with, spruce beetle.
[[Page 60232]]
Additionally, we propose to perform \1/4\ to 5 acre patch cuts across
the salvage units to enhance visual resources, and to regenerate areas
heavily impacted by the spruce beetle by planting Engelmann spruce
seedlings within the Rio de los Pinos Analysis Area. The proposed
treatments would contribute toward providing a sustained yield of
forest products from the Rio Grande National Forest and would ensure
meeting or moving toward Forest Plan Desired Conditions for Management
Area Prescriptions (MAP) 5.13. This proposed action would begin in
2009-2010.
Salvage harvesting of Engelmann spruce would occur on approximately
607 to 878 acres. Anywhere from 38 to 60 trees per acre 8
DBH and above will remain in the salvage units for scenic resources.
Patch cuts would occur on approximately 60 acres, harvesting both
Engelmann spruce and Subalpine fir. Ground-based logging systems would
be utilized on the entire area, yielding 8-13.1 MMBF (16,000-26,200
ccf) timber volume. After harvest, reforestation would occur on approx.
200 acres of non-stocked and under-stocked areas. The exact planting
area would depend how well existing natural regeneration meets Forest
Plan stocking requirements.
Under this proposal, trees 8 inches DBH and larger would be
considered for harvest. With the exception of the patch cuts, all live
non-beetle infested trees not interfering with operations would be
left. Rehabilitation of areas experiencing heavy spruce mortality would
occur through natural and artificial regeneration.
Most of the treatment areas are accessible using the existing
transportation system. Some road reconstruction, maintenance, and
reopening one or more old unclassified roads would be required. Upon
project completion, all classified roads that were closed to motor
vehicle travel prior to the project would remain closed. Classified
roads that are presently closed and old roads that would be
reconstructed for log haul would be rehabilitated by subsoiling and
seeding according to Project Design Criteria to reduce resource impacts
and to put the road templates back into resource production.
Actions proposed in this EIS will provide an opportunity to
relocate and improve the Los Pinos trailhead (Trail 736) which
currently has little parking space and is only accessible by high
clearance vehicles.
Responsible Official
Roberto Martinez, District Ranger, Conejos Peak Ranger District,
15571 County Road T.5, La Jara, CO 81140.
Nature of Decision To Be Made
The EIS discloses the environmental consequences of implementing
the proposed action and alternatives to that action. A separate
Decision Notice (DN), signed by the Responsible Official, will explain
the management and environmental reasons for choosing the selected
alternative; discuss the rationale for rejecting other alternatives;
and disclose how the decision responds to the relevant issues.
The decision for the responsible officials to make in the DN is
whether or not to implement some level of timber sale harvest and other
activities described on all, part, or none of the Analysis Area given
considerations of multiple-use goals and objectives. If the decision is
made to authorize some level of harvest, the management framework will
be described (including Standards and monitoring) to ensure that
Desired Condition objectives are met or that movement occurs toward
those objectives in an acceptable timeframe.
Scoping Process
The Rio Grande National Forest invited public comment and
participation regarding this project through the Schedule of Proposed
Actions (SOPA), public notice in the Valley Courier (October 9, 2008)--
the newspaper of record, and a scoping letter sent to potentially
concerned public, tribal governments, State and other Federal agencies
(October 9, 2008). Comments received in these previous scoping efforts
will be retained and considered in this EIS.
An additional comment period will be provided during scoping for
this EIS in the form of this notice in the Federal Register, the
Schedule of Proposed Actions (SOPA), public notice in the Valley
Courier--the newspaper of record, and letters sent to potentially
concerned public, tribal governments, State and other Federal agencies.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. The Forest
Service invites written comments on the proposed action, including any
issues to consider, as well as any concerns relevant to the analysis.
In order to be most useful, scoping comments should be received within
30 days of publication of this Notice of Intent. Comments received in
response to this notice, including names and addresses of those who
comment, will be considered part of the public record on this Proposed
Action and will be available for public inspection. If you wish to
withhold your name or street address from public review or from
disclosure under the Freedom of Information Act (FOIA), you must state
this prominently at the beginning of your written comment. Such
requests will be honored to the extent allowed by law, but persons
requesting such confidentiality should be aware that under the FOIA,
confidentiality may be granted in only very limited circumstances, such
as to protect trade secrets. The Forest Service will inform the
requester of the agency's decision regarding the request for
confidentiality, and where the request is denied, the agency will
return the submission and notify the requester that the comments may be
resubmitted with or without name and address within a specified number
of days. All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be available for public inspection in
their entirety. Comments submitted anonymously will be accepted and
considered; however, those who submit anonymous comments will not have
standing to appeal the subsequent decision under 36 CFR part 215.
Comments and FS responses will be addressed and contained in the
Final EIS.
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
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City
[[Page 60233]]
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 substantive 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 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, 36 CFR 220.5(b) and Forest
Service Handbook 1909.15, Section 21.
Dated: October 1, 2008.
Roberto Martinez,
District Ranger/Field Office Manager.
[FR Doc. E8-24112 Filed 10-9-08; 8:45 am]
BILLING CODE 3410-11-P
