Crescent Ranger District; Deschutes National Forest; Oregon; Rim-Paunina Project, 23988-23990 [E9-11888]
Download as PDF
23988
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
must take and the information that must
be included in the petition.
On November 28, 2006, APHIS
received a petition seeking a
determination of nonregulated status
(APHIS No. 06–332–01p) from Bayer
CropScience (BCS) of Research Triangle
Park, NC, for cotton (Gossypium
hirsutum) designated as transformation
event GHB614, which has been
genetically engineered for tolerance to
the herbicide glyphosate, stating that
cotton line GHB614 does not present a
plant pest risk. BCS responded to
APHIS’ subsequent request for
additional information and clarification
on May 11, 2007.
erowe on PROD1PC63 with NOTICES
Analysis
As described in the petition, cotton
transformation event GHB614 utilizes
the enzyme 5-enolpyruvylshikimate-3phosphate synthase (EPSPS) gene
isolated from a previously deregulated
cotton event (Event GA21; APHIS
petition number 97–099–01) and
introduces two amino acid substitutions
within the EPSPS gene (designated
2mEPSPS). These modifications
decrease the binding affinity to
glyphosate, thus producing tolerance to
the herbicide. The 2mEPSPS protein
allows the plant to tolerate applications
of the broad spectrum herbicide
glyphosate. Regulatory elements for the
transgenes were obtained from
Agrobacterium tumefaciens and were
introduced into cotton cells using
Agrobacterium-mediated transformation
methodology. These regulatory
sequences are not transcribed and do
not encode proteins.
Transformation event GHB614 has
been considered a regulated article
under the regulations in 7 CFR part 340
because it contains gene sequences from
a plant pathogen. GHB614 cotton has
been field tested in the United States
since 2002 under notifications
authorized by the APHIS. In the process
of reviewing the permits for field trials
of the subject cotton plants, APHIS
determined that the vectors and other
elements were disarmed and that trials,
which were conducted under conditions
of reproductive and physical
confinement or isolation, would not
present a risk of plant pest introduction
or dissemination. APHIS has presented
two alternatives in the draft
environmental assessment (EA) based
on its analyses of data submitted by
BCS, a review of other scientific data, as
well as data gathered from field tests
conducted under APHIS oversight.
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
In a notice 1 published in the Federal
Register on June 18, 2008 (73 FR 34968–
34700, Docket No. APHIS–2007–0017),
APHIS announced the availability of
BCS’ petition and a draft EA for public
comment. APHIS solicited comments on
whether the subject cotton event would
present a plant pest risk and on the EA.
APHIS received nine comments by the
close of the 60-day comment period,
which ended on August 18, 2008. There
were six comments that supported
deregulation, two from cotton industry
groups and four from individuals. There
were three comments that opposed
deregulation, one comment from a nongovernment organization and two
comments from individuals. APHIS has
addressed the issues raised during the
comment period and has provided
responses to these comments as an
attachment to the finding of no
significant impact.
Determination
Based on APHIS’ analysis of field,
greenhouse and laboratory data
submitted by BCS, references provided
in the petition, information described in
the final EA and in the finding of no
significant impact, and a careful
evaluation of the comments provided by
the public, APHIS has determined that
GHB614 cotton will not pose a plant
pest risk for the following reasons: (1)
Gene introgression from GlyTolTM
cotton (event GHB614) into wild
relatives in the United States and its
territories is extremely unlikely and is
not likely to increase the weediness
potential of any resulting progeny or
adversely affect genetic diversity of
related plants any more than would
introgression from traditional cotton
varieties; (2) it exhibits no
characteristics that would cause it to be
weedier than the non-genetically
engineered parent cotton line or any
other cultivated cotton; (3) it does not
pose a risk to non-target organisms,
including organisms beneficial to
agriculture and Federally listed
threatened or endangered species, and
species proposed for listing; (4) it does
not pose a threat to biodiversity as it
does not exhibit traits that increase its
weediness, and its unconfined
cultivation should not lead to increased
weediness of other cultivated cotton, it
exhibits no changes in disease
susceptibility, and it is unlikely to harm
non-target organisms common to the
agricultural ecosystem or Federally
listed or proposed threatened or
1 To view the notice, petition, EA, and the
comments we received, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0017.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
endangered species; (5) compared to
current cotton pest and weed
management practices, cultivation of
GlyTolTM cotton should not impact
standard agricultural practices in cotton
cultivation including those for organic
farmers; and (6) disease susceptibility
and compositional profiles of GlyTolTM
cotton are similar to those of its parent
line and other cotton cultivars grown in
the United States; therefore no direct or
indirect plant pest effects on raw or
processed plant commodities are
expected.
National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the
determination of nonregulated status for
GHB614 cotton, an EA was prepared.
The EA was prepared in accordance
with (1) The National Environmental
Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321 et seq.), (2) regulations
of the Council on Environmental
Quality for implementing the
procedural provisions of NEPA (40 CFR
parts 1500–1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b),
and (4) APHIS’ NEPA Implementing
Procedures (7 CFR part 372). Based on
the final EA, the pest risk assessment,
other pertinent scientific data, and our
evaluation of the comments provided by
the public, APHIS has reached a finding
of no significant impact (FONSI) with
regard to the determination that BCS’
GHB614 cotton line and lines developed
from it are no longer regulated articles
under its regulations in 7 CFR part 340.
Copies of the final EA and FONSI are
available as indicated in the ADDRESSES
and FOR FURTHER INFORMATION CONTACT
sections of this notice.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
Done in Washington, DC, this 18th day of
May 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–11972 Filed 5–21–09; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
Crescent Ranger District; Deschutes
National Forest; Oregon; Rim-Paunina
Project
AGENCY:
E:\FR\FM\22MYN1.SGM
Forest Service, USDA.
22MYN1
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
erowe on PROD1PC63 with NOTICES
ACTION: Notice of intent to prepare an
environmental impact statement.
SUMMARY: The USDA, Forest Service,
will prepare an environmental impact
statement (EIS) for a project called RimPaunina in the Walker Mountain area on
the southern end of the Crescent Ranger
District. The project focus is on
developing and maintaining a diversity
of wildlife habitats that are appropriate
for an eastside dry forest environment.
Potential actions include thinning of
trees in variable densities and
prescribed burning. This project also
provides an additional opportunity for
participation in a collaborative planning
process with a diverse group of other
interested stakeholders. The RimPaunina area is approximately a 45,000acre watershed bordered by private
industrial forest to the north and the
Fremont/Winema National Forests to
the south and east. It is mostly
comprised of ponderosa and lodgepole
pine forests with some mixed conifer on
Walker Rim. It is located in T. 25–26 S,
R. 8 E., Willamette Meridian. The
alternatives will include the proposed
action, no action, and additional
alternatives that respond to issues
generated through the scoping process.
The agency will give notice of the full
environmental analysis and decision
making process so interested and
affected people may participate and
contribute to the final decision.
DATES: Comments concerning the scope
of the analysis must be received by 30
days following the date that this notice
appears in the Federal Register.
ADDRESSES: Send written comments to
Chris Mickle, Team Leader, Crescent
Ranger District, P.O. Box 208, Crescent,
Oregon 97733, or submit to commentspacificnorthwest-deschutescrescent@fs.fed.us. Please put ‘‘RimPaunina Scoping’’ in the subject line of
your e-mail. You will have another
opportunity for comment when
alternatives have been developed and
the Environmental Impact Statement is
made available.
FOR FURTHER INFORMATION CONTACT:
Chris Mickle, Team Leader, Crescent
Ranger District, P.O. Box 208, Crescent,
Oregon 97733, phone (541) 433–3200.
Responsible Official: The responsible
official will be John Allen, Deschutes
National Forest Supervisor, 1001 SW
Emkay Drive, Bend, Oregon 97701.
SUPPLEMENTARY INFORMATION:
Purpose and Need. The Forest Plan
supports proactive management and
enhancing the vigor of the forest, rather
than reacting to an event (page 4–36).
Therefore, the goal of this project is to
utilize forestry techniques that disturb
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
the forest at appropriate levels to create
and maintain a diversity of habitats
closer to what historically occurred.
There is a need to decrease the density
of trees to provide a variety of stand
structures and compositions appropriate
to the Rim-Paunina biophysical
environment in order to increase
resilience and provide habitat for a
variety of species (flora and fauna)
across the landscape. Also, given that
the Forest Service should place equal
consideration to all resources and nonconsumptive values to ensure they are
weighted equally, then there is a need
to contribute to the local and regional
economies by providing timber and
other wood fiber products now and in
the future.
Proposed Action: The proposed action
is to use silvicultural treatments, such
as thinning of trees, to provide a
diversity of habitats for Management
Indicator Species more in line with
historical conditions to maintain and
enhance existing late and old structured
stand characteristics, and encourage the
development of such characteristics.
This would occur on approximately
14,620 acres. Also, apply prescribed fire
to fire dependent ecosystems to create
habitat conditions that allow fire to
perform its natural ecological function
and more closely mimic natural
processes that maintain white-headed
woodpecker habitat on approximately
8,553 acres. Some of the prescribed
burning acres are a subset of the tree
thinning acres. These activities would
apply scientifically sound Strategic
Placement of Treatments (or SPOTS) on
the landscape and maintain them
through time to optimize diversity and
juxtaposition of habitats. Opportunities
resulting from vegetation management
activities would offset costs and provide
products to stimulate the economy.
Comment: Public comments about
this proposal are requested in order to
assist in identifying issues, determine
how to best manage the resources, and
to focus the analysis. Comments
received 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.
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. Additionally, pursuant
to 7 CFR 1.27(d), any person may
request the agency to withhold a
submission from the public record by
showing how the Freedom of
Information Act (FOIA) permits such
confidentiality. Persons requesting such
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
23989
confidentiality should be aware that,
under 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. A draft EIS will be filed
with the Environmental Protection
Agency (EPA) and available for public
review by Winter 2009/2010. The EPA
will publish a Notice of Availability
(NOA) of the draft EIS in the Federal
Register. The final EIS is scheduled to
be available early spring 2010. The
comment period on the draft EIS will be
45 days from the date the EPA 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 a draft EIS 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 EIS stage but
that are not raised until after completion
of the final EIS may be waived or
dismissed by the courts [City of Angoon
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 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 statement.
Comments may also address the
adequacy of the draft EIS of 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.
E:\FR\FM\22MYN1.SGM
22MYN1
23990
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
In the final EIS, the Forest Service is
required to respond to comments
received during the comment period for
the draft EIS. The Forest Service is the
lead agency and the responsible official
is the Crescent District Ranger,
Deschutes National Forest. The
responsible official will decide where,
and whether or not to designate a trail
system, staging areas, and close roads.
The responsible official will also decide
how to mitigate impacts of these actions
and will determine when and how
monitoring of effects will take place.
The Ranger District is trying
additional outreach with this project,
seeking input from a group of interested
citizens that are participating in an
effort to work more closely together. The
District and participants will try to
develop a stronger shared
understanding of what is needed to
successfully maintain and improve
wildlife habitat in the planning area. If
you are interested in joining or have
more questions about the process,
please notify the District, or Phil Chang,
Program Administrator, Central Oregon
Intergovernmental Council, 2363 SW
Glacier Place, Redmond, OR 97756; or
phone (541) 548–9534.
The Rim-Paunina Project decision and
rationale will be documented in the
Record of Decision. This project will be
subject to Forest Service Appeal
Regulations (35 CFR Part 215).
Holly Jewkes,
Crescent District Ranger.
[FR Doc. E9–11888 Filed 5–21–09; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Plumas County Resource Advisory
Committee (RAC)
Forest Service, USDA.
Notice of meeting.
AGENCY:
erowe on PROD1PC63 with NOTICES
ACTION:
SUMMARY: The Plumas County Resource
Advisory Committee (RAC) will hold a
meeting on June 5, 2009, in Quincy, CA.
The purpose of the meeting is to review
applications for Cycle 9 funding and
select projects to be recommended to
the Plumas National Forest Supervisor
for calendar year 2010 funding
consideration. The funding is available
under Title II provisions of the Secure
Rural Schools and Community Self
Determination Act of 2000.
DATES AND ADDRESS: The meeting will
take place from 9–3 at the Mineral
Building Plumas/Sierra County
Fairgrounds, 208 Fairgrounds Road,
Quincy, CA.
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
FOR FURTHER INFORMATION CONTACT: (or
for special needs): Lee Anne Schramel
Taylor, Forest Coordinator, USDA,
Plumas National Forest, P.O. Box
11500/159 Lawrence Street, Quincy,
CA, 95971; (530) 283–7850; or by E-mail
eataylor@fs.fd.us.
SUPPLEMENTARY INFORMATION: Agenda
items for the June 5 meeting include: (1)
Forest Service Update; (2) Committee
Review of Applications; and, (3)
Recommendations for Cycle 9 funding
distribution. The meetings are open to
the public and individuals may address
the Committee after being recognized by
the Chair. Other RAC information may
be obtained at https://www.fs.fed.us/srs.
Dated: May 14, 2009.
Terri Simon Jackson,
Land Management Planning Staff Officer.
[FR Doc. E9–11887 Filed 5–21–09; 8:45 am]
BILLING CODE M
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2009–0027]
National Animal Identification System;
Public Meetings
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice of public meetings.
SUMMARY: This is a notice to inform the
public of six upcoming meetings to
discuss stakeholder concerns related to
the implementation of the National
Animal Identification System. The
meetings are being organized by the
Animal and Plant Health Inspection
Service.
DATES: The meetings will be held on
June 9, 11, 16, 18, 25, and 27, 2009,
from 9 a.m. to 4 p.m. each day.
ADDRESSES: The public meetings will be
held in Jefferson City, MO (June 9),
Rapid City, SD (June 11), Albuquerque,
NM (June 16), Riverside, CA (June 18),
Raleigh, NC (June 25), and Jasper, FL
(June 27).
FOR FURTHER INFORMATION CONTACT: Dr.
Adam Grow, Director, Surveillance and
Identification Programs, National Center
for Animal Health Programs, VS,
APHIS, 4700 River Road, Unit 200,
Riverdale, MD 20737; (301) 734–3752.
SUPPLEMENTARY INFORMATION: As part of
its ongoing efforts to safeguard animal
health, the U.S. Department of
Agriculture (USDA) initiated
implementation of a National Animal
Identification System (NAIS) in 2004.
The NAIS is a cooperative State-Federal-
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
industry program administered by
USDA’s Animal and Plant Health
Inspection Service (APHIS). The
purpose of the NAIS is to provide a
streamlined information system that
will help producers and animal health
officials respond quickly and effectively
to animal disease events in the United
States.
The ultimate long-term goal of the
NAIS is to provide State and Federal
officials with the capability to identify
all animals and premises that have had
direct contact with a disease of concern
within 48 hours after discovery. Meeting
that goal requires a comprehensive
animal-disease traceability
infrastructure. An NAIS User Guide and
a Business Plan, both available on our
Web site at https://
animalid.aphis.usda.gov/nais/
animal_id/index.shtml, provide detailed
information about our plans for
implementing the system.
Despite concerted efforts, APHIS has
not been able to fully implement the
NAIS. Many of the same issues that
producers originally had with the
system, such as the cost and impact on
small farmers, privacy and
confidentiality, and liability, continue
to cause concern.
In order to provide individuals and
organizations an opportunity to discuss
their concerns regarding the NAIS and
offer potential solutions, we plan to
hold several public meetings and to
solicit comments via our Web site. Our
goal is to gather feedback and input
from a wide range of stakeholders to
assist us in making an informed
decision regarding both the future of the
NAIS and the objectives and direction
for animal identification and
traceability. We would particularly
welcome feedback on the following
topics:
• Cost. What are your concerns about
the cost of the NAIS? What steps would
you suggest APHIS use to address cost?
• Impact on small farmers. What are
your concerns about the effect of the
NAIS on small farmers? What
approaches would you suggest APHIS
take to address the potential impact on
small farmers?
• Privacy and confidentiality. What
are your concerns regarding how the
NAIS will affect your operation’s
privacy and/or the confidentiality of
your operation? What steps or tactics
would you suggest APHIS use to
address privacy and confidentiality
issues?
• Liability. What are your concerns
about your operation’s liability under
the NAIS? What would you suggest
APHIS consider to address liability
concerns?
E:\FR\FM\22MYN1.SGM
22MYN1
Agencies
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 23988-23990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11888]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Crescent Ranger District; Deschutes National Forest; Oregon; Rim-
Paunina Project
AGENCY: Forest Service, USDA.
[[Page 23989]]
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The USDA, Forest Service, will prepare an environmental impact
statement (EIS) for a project called Rim-Paunina in the Walker Mountain
area on the southern end of the Crescent Ranger District. The project
focus is on developing and maintaining a diversity of wildlife habitats
that are appropriate for an eastside dry forest environment. Potential
actions include thinning of trees in variable densities and prescribed
burning. This project also provides an additional opportunity for
participation in a collaborative planning process with a diverse group
of other interested stakeholders. The Rim-Paunina area is approximately
a 45,000-acre watershed bordered by private industrial forest to the
north and the Fremont/Winema National Forests to the south and east. It
is mostly comprised of ponderosa and lodgepole pine forests with some
mixed conifer on Walker Rim. It is located in T. 25-26 S, R. 8 E.,
Willamette Meridian. The alternatives will include the proposed action,
no action, and additional alternatives that respond to issues generated
through the scoping process. The agency will give notice of the full
environmental analysis and decision making process so interested and
affected people may participate and contribute to the final decision.
DATES: Comments concerning the scope of the analysis must be received
by 30 days following the date that this notice appears in the Federal
Register.
ADDRESSES: Send written comments to Chris Mickle, Team Leader, Crescent
Ranger District, P.O. Box 208, Crescent, Oregon 97733, or submit to
comments-pacificnorthwest-deschutes-crescent@fs.fed.us. Please put
``Rim-Paunina Scoping'' in the subject line of your e-mail. You will
have another opportunity for comment when alternatives have been
developed and the Environmental Impact Statement is made available.
FOR FURTHER INFORMATION CONTACT: Chris Mickle, Team Leader, Crescent
Ranger District, P.O. Box 208, Crescent, Oregon 97733, phone (541) 433-
3200.
Responsible Official: The responsible official will be John Allen,
Deschutes National Forest Supervisor, 1001 SW Emkay Drive, Bend, Oregon
97701.
SUPPLEMENTARY INFORMATION:
Purpose and Need. The Forest Plan supports proactive management and
enhancing the vigor of the forest, rather than reacting to an event
(page 4-36). Therefore, the goal of this project is to utilize forestry
techniques that disturb the forest at appropriate levels to create and
maintain a diversity of habitats closer to what historically occurred.
There is a need to decrease the density of trees to provide a variety
of stand structures and compositions appropriate to the Rim-Paunina
biophysical environment in order to increase resilience and provide
habitat for a variety of species (flora and fauna) across the
landscape. Also, given that the Forest Service should place equal
consideration to all resources and non-consumptive values to ensure
they are weighted equally, then there is a need to contribute to the
local and regional economies by providing timber and other wood fiber
products now and in the future.
Proposed Action: The proposed action is to use silvicultural
treatments, such as thinning of trees, to provide a diversity of
habitats for Management Indicator Species more in line with historical
conditions to maintain and enhance existing late and old structured
stand characteristics, and encourage the development of such
characteristics. This would occur on approximately 14,620 acres. Also,
apply prescribed fire to fire dependent ecosystems to create habitat
conditions that allow fire to perform its natural ecological function
and more closely mimic natural processes that maintain white-headed
woodpecker habitat on approximately 8,553 acres. Some of the prescribed
burning acres are a subset of the tree thinning acres. These activities
would apply scientifically sound Strategic Placement of Treatments (or
SPOTS) on the landscape and maintain them through time to optimize
diversity and juxtaposition of habitats. Opportunities resulting from
vegetation management activities would offset costs and provide
products to stimulate the economy.
Comment: Public comments about this proposal are requested in order
to assist in identifying issues, determine how to best manage the
resources, and to focus the analysis. Comments received 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. 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.
Additionally, pursuant to 7 CFR 1.27(d), any person may request the
agency to withhold a submission from the public record by showing how
the Freedom of Information Act (FOIA) permits such confidentiality.
Persons requesting such confidentiality should be aware that, under
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. A draft EIS will be filed with the Environmental
Protection Agency (EPA) and available for public review by Winter 2009/
2010. The EPA will publish a Notice of Availability (NOA) of the draft
EIS in the Federal Register. The final EIS is scheduled to be available
early spring 2010. The comment period on the draft EIS will be 45 days
from the date the EPA 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
a draft EIS 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 EIS stage but that are not
raised until after completion of the final EIS may be waived or
dismissed by the courts [City of Angoon 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 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 statement. Comments may also
address the adequacy of the draft EIS of 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.
[[Page 23990]]
In the final EIS, the Forest Service is required to respond to
comments received during the comment period for the draft EIS. The
Forest Service is the lead agency and the responsible official is the
Crescent District Ranger, Deschutes National Forest. The responsible
official will decide where, and whether or not to designate a trail
system, staging areas, and close roads. The responsible official will
also decide how to mitigate impacts of these actions and will determine
when and how monitoring of effects will take place.
The Ranger District is trying additional outreach with this
project, seeking input from a group of interested citizens that are
participating in an effort to work more closely together. The District
and participants will try to develop a stronger shared understanding of
what is needed to successfully maintain and improve wildlife habitat in
the planning area. If you are interested in joining or have more
questions about the process, please notify the District, or Phil Chang,
Program Administrator, Central Oregon Intergovernmental Council, 2363
SW Glacier Place, Redmond, OR 97756; or phone (541) 548-9534.
The Rim-Paunina Project decision and rationale will be documented
in the Record of Decision. This project will be subject to Forest
Service Appeal Regulations (35 CFR Part 215).
Holly Jewkes,
Crescent District Ranger.
[FR Doc. E9-11888 Filed 5-21-09; 8:45 am]
BILLING CODE 3410-11-M