Dixie National Forest, UT, Kitty Hawk Administrative Site Master Development Plan, 6625-6627 [2010-2516]
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sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
2010-0006) to submit or view comments
and to view supporting and related
materials available electronically.
∑ Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS-2010-0006,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD
20737-1238. Please state that your
comment refers to Docket No. APHIS2010-0006.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690-2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
(https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: For
information on regulations for the
commercial transportation of equines to
slaughtering facilities, contact Mr.
Joseph Astling, Compliance Specialist,
Animal and Plant Health Inspection
Service, 4700 River Road Unit 33,
Riverdale, MD 20737; (817) 247-3704.
For copies of more detailed information
on the information collection, contact
Mrs. Celeste Sickles, APHIS’
Information Collection Coordinator, at
(301) 851-2908.
SUPPLEMENTARY INFORMATION:
Title: Commercial Transportation of
Equines for Slaughter.
OMB Number: 0579-0160.
Type of Request: Extension of
approval of an information collection.
Abstract: Under the Federal
Agriculture Improvement and Reform
Act of 1996 (‘‘the Farm Bill’’), Congress
gave responsibility to the Secretary of
Agriculture to regulate the commercial
transportation within the United States
of equines for slaughter. Sections 901905 of the Farm Bill (7 U.S.C. 1901 note)
authorized the Secretary to issue
guidelines for the regulation of
commercial transportation of equines
for slaughter by persons regularly
engaged in that activity within the
United States. As a result of that
authority, the Animal and Plant Health
Inspection Service, U.S. Department of
Agriculture, established regulations in 9
CFR part 88, ‘‘Commercial
Transportation of Equines for
Slaughter.’’
The minimum standards cover,
among other things, the food, water, and
VerDate Nov<24>2008
16:21 Feb 09, 2010
Jkt 220001
rest provided to such equines. The
regulations require the owner/shipper of
the equines to take certain actions in
loading and transporting the equines
and to certify that the commercial
transportation meets certain
requirements. Our regulations prohibit
the commercial transportation to
slaughter facilities of equines
considered to be unfit for travel, the use
of electric prods on such animals in
commercial transportation to slaughter,
and the use of double-deck trailers for
commercial transportation of equines to
slaughtering facilities.
These regulations require the use of
two information collection activities: (1)
The preparation of an owner-shipper
certificate for each equine transported to
slaughter and (2) the collection of
business information from any
individual or other entity found to be
transporting horses to a slaughtering
facility.
We are asking the Office of
Management and Budget (OMB) to
approve our use of these information
collection activities for an additional 3
years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
technologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
reporting burden for this collection of
information is estimated to average
0.388552238 hours per response.
Respondents: Owners and shippers of
slaughter horses; owners/operators of
slaughtering facilities; drivers of
transport vehicles.
Estimated annual number of
respondents: 300.
Estimated annual number of
responses per respondent: 22.333333.
Estimated annual number of
responses: 6,700.
Estimated total annual burden on
respondents: 2,603 hours. (Due to
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6625
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 3rd day
of February 2010.
Kevin Shea
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–2850 Filed 2–9–10: 8:45 am]
BILLING CODE 3410–34–S
DEPARTMENT OF AGRICULTURE
Forest Service
Dixie National Forest, UT, Kitty Hawk
Administrative Site Master
Development Plan
Forest Service, USDA.
Notice of Intent to Prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
SUMMARY: The USDA Forest Service will
prepare an Environmental Impact
Statement (EIS) to analyze the master
development plan for the Kitty Hawk
Forest Service Administrative Site
within the city limits of Cedar City,
Utah. The site is administered by the
Cedar City Ranger District, Dixie
National Forest, Utah. The agency gives
notice of the full environmental analysis
and decision-making process that will
occur on the proposal so that interested
and affected people may become aware
of how they can participate in the
process and contribute to the final
decision.
DATES: Comments concerning the scope
of the analysis must be received by
thirty days after publication of this
Notice of Intent in the Federal Register.
The draft environmental impact
statement is expected in May, 2010. The
final environmental impact statement is
expected in September, 2010.
ADDRESSES: Send written comments to:
Kitty Hawk Administrative Site Master
Development Plan Analysis
Coordinator, Cedar City Ranger District,
Dixie National Forest, 1789 Wedgewood
Lane, Cedar City, Utah 84721. Electronic
comments must be submitted in rich
text format (.rtf), or Word (.doc) to
comments-intermtn-dixie@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Kitty Hawk Administrative Site Master
Development Plan Analysis
Coordinator, Cedar City Ranger District,
Dixie National Forest, 1789 Wedgewood
Lane, Cedar City, Utah 84721.
E:\FR\FM\10FEN1.SGM
10FEN1
6626
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
The 14acre Kitty Hawk Administrative Site is
located in Cedar City at 1750 West Kitty
Hawk Drive. The site is owned by the
USDA-Forest Service and jointly
occupied by the Dixie National Forest,
the USDI-Bureau of Land Management
Cedar City District Office and the USDINational Park Service. The site is zoned
as I&M1 (Industrial and Manufacturing).
Management of the site is in compliance
with City zoning as well as State and
Federal regulations regarding
administrative sites. The site has been
developed over the past 30 years and
currently has four permanent buildings,
several parking areas, several sheds for
equipment storage and open areas
designated for a variety of vehicle and
equipment storage.
Recent review indicates the need for
a Master Development Plan to guide
future development of the site.
Preliminary analysis found that the
presence of Utah prairie dogs (a
Threatened species) on the site
warranted an environmental impact
statement of the new Master
Development Plan.
The Proposed Action is a Master
Development Plan (MDP) for the
existing 14-acre administrative site. The
MDP will detail planned facilities, other
development and uses for the site into
the foreseeable future.
Existing facilities include an
Interagency Fire Center, Fire Cache, Old
Fire Center/Future Building Pad and
Fire Engine Building.
New facilities to be constructed
include additions to the Interagency
Fire Center, five new buildings (engine
building, vehicle wash, HAZMAT
storage, maintenance shop and
equipment building.
Part of the site will be hardened for
outside storage for ATV’s, equipment,
and supplies. Six large parking lots will
also be developed.
Possible Alternatives: Two or more
alternatives will be considered in the
analysis. No action. Under this
alternative, the existing administrative
site will remain with no further
development. This alternative will be
fully evaluated and described.
Proposed Action (as described above).
Additional Alternatives—Additional
alternatives may be developed in
response to issues and resource
conditions evaluated through the
analysis.
Responsible Official: The responsible
official for this EIS and the Record of
Decision is: Robert G. MacWhorter,
Forest Supervisor, Dixie National
Forest, 1789 Wedgewood Lane, Cedar
City, Utah 84721; FAX: (435) 865–3791.
sroberts on DSKD5P82C1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
16:21 Feb 09, 2010
Jkt 220001
Nature of Decision To Be Made: The
Responsible Official will decide
whether the proposed Master
Development Plan would be adopted
and the site developed accordingly.
Scoping Process: Public participation
was initiated through scoping in
December, 2009. A scoping notice was
sent to individuals and organizations
who are potentially affected parties and
those that have expressed interest in
projects. Comments and issues were
received in response to scoping.
Scoping will continue. Public
participation is especially important
during scoping and review of the draft
EIS. Individuals, organizations, Federal,
State, and local agencies who are
interested in or affected by the decision
are invited to participate in the scoping
process. This information will be used
in the preparation of the draft EIS.
Preliminary Issue. The following issue
was identified through public scoping
and internal resource analyses:
The site has Utah prairie dog habitat
and a colony of prairie dogs. This is a
Threatened species listed under the
Endangered Species Act. Consultation
with the U.S. Fish and Wildlife Service
have concluded that the prairie dog
habitat will be adversely affected by the
planned developments. Mitigation for
the habitat loss will be developed
during further consultation with
USFWS.
Comments Requested. Comments will
continue to be received and considered
throughout the analysis process.
Comments received in response to this
notice and through scoping, including
names and addresses of those who
comment, will be considered part of the
public record of this proposed action
and will be available for public
inspection. 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 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.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review: A draft
environmental impact statement will be
prepared for comment. The draft EIS is
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expected to be filed with the EPA
(Environmental Protection Agency) and
to be available for public review. At that
time the EPA will publish a notice of
availability of the draft EIS in the
Federal Register. The comment period
for the draft environmental impact
statement will be forty-five days from
the date the EPA’s notice of availability
appears in the Federal Register.
Comments on the draft EIS should be as
specific as possible and may address the
adequacy of the statement or the merits
of the alternatives discussed (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).
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
reviewers’ position and contentions.
Vermont Yankee Nuclear Power Corp. v.
NRDC, 435 U.S. 519, 553 (1978). Also,
environmental objections that could
have been 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 (9th Circuit, 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 the time it can meaningfully consider
them and respond to them in the final
environmental impact statement.
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 Parts 215. To assist the Forest
Service in identifying and considering
issues and concerns about 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 statement or the merits
of the alternatives formulated and
E:\FR\FM\10FEN1.SGM
10FEN1
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
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.
In the final EIS, the Forest Service is
required to respond to substantive
comments and responses received
during the comment period that pertain
to the environmental consequences
discussed in the draft EIS and
applicable laws, regulations, and
policies considered in making a
decision regarding the proposal. The
Responsible Official will document the
decision and rationale for the decision
in a Record of Decision. The final EIS
is scheduled for completion in
September, 2010. The decision will be
subject to review under Forest Service
Appeal Regulations.
Dated: January 29, 2010.
Robert G. MacWhorter,
Forest Supervisor, Dixie National Forest.
Forest, P.O. Box 1270, Hot Springs, AR
71902. (501–321–5318).
SUPPLEMENTARY INFORMATION: The
meeting is open to the public.
Committee discussion is limited to
Forest Service staff, Committee
members, and elected officials.
However, persons who wish to bring
matters to the attention of the
Committee may file written statements
with the Committee staff before or after
the meeting. Individuals wishing to
speak or propose agenda items must
send their names and proposals to Bill
Pell, DFO, P.O. Box 1270, Hot Springs,
AR 71902.
Dated: February 3, 2010.
Bill Pell,
Designated Federal Official.
[FR Doc. 2010–2762 Filed 2–9–10; 8:45 am]
BILLING CODE 3410–52–M
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[FR Doc. 2010–2516 Filed 2–9–10; 8:45 am]
BILLING CODE 3410–11–M
[Docket No. 0907141137–0079–07]
RIN 0660–ZA28
DEPARTMENT OF AGRICULTURE
Broadband Technology Opportunities
Program
Forest Service
Ouachita-Ozark Resource Advisory
Committee
Forest Service, USDA.
Meeting notice for the OuachitaOzark Resource Advisory Committee
under Section 205 of the Secure Rural
Schools and Community Self
Determination Act of 2000, as part of
Public Law 110–343.
AGENCY:
sroberts on DSKD5P82C1PROD with NOTICES
ACTION:
SUMMARY: This notice is published in
accordance with section 10(a)(2) of the
Federal Advisory Committee Act.
Meeting notice is hereby given for the
Ouachita-Ozark Resource Advisory
Committee pursuant to Section 205 of
the Secure Rural Schools and
Community Self Determination Act of
2000 as part of Public Law 110–343.
Topics to be discussed include: General
information, proposals, updates on
current or completed Title II projects,
and next meeting agenda.
DATES: The meeting will be held on
March 2, 2010, beginning at 5:45 p.m.
and ending at approximately 9 p.m.
ADDRESSES: The meeting will be held at
the Janet Huckabee Arkansas River
Valley Nature Center, 8300 Wells Lake
Road, Barling, Arkansas.
FOR FURTHER INFORMATION CONTACT:
Caroline Mitchell, Committee
Coordinator, USDA, Ouachita National
VerDate Nov<24>2008
16:21 Feb 09, 2010
Jkt 220001
AGENCY: National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice announcing OMB
approval of an information collection
and publication of an OMB Control
Number.
SUMMARY: The National
Telecommunications and Information
Administration (NTIA) announces that
the Office of Management and Budget
(OMB) has approved the collection of
information contained in the Notice of
Funds Availability (NOFA) for the
Broadband Opportunities Program
(BTOP) published on January 22, 2010.
FOR FURTHER CONTACT INFORMATION: For
general inquiries regarding BTOP,
contact Anthony Wilhelm, Director,
BTOP, Office of Telecommunications
and Information Applications, National
Telecommunications and Information
Administration, U.S. Department of
Commerce (DOC), 1401 Constitution
Avenue, NW., HCHB, Room 4887,
Washington, DC 20230; Help Desk email: BroadbandUSA@usda.gov, Help
Desk telephone: 1–877–508–8364.
Additional information regarding BTOP
may be obtained at https://
www.ntia.doc.gov/broadbandgrants/.
SUPPLEMENTARY INFORMATION: On
January 22, 2010, NTIA published a
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6627
Notice of Funds Availability (NOFA) (75
FR 3792) announcing general policy and
application procedures for the
Broadband Technology Opportunities
Program (BTOP) established pursuant to
the American Recovery and
Reinvestment Act of 2009 (ARRA). In
this second round of funding, NTIA will
award grants in three categories of
eligible projects: Comprehensive
Community Infrastructure (CCI), Public
Computer Centers (PCC), and
Sustainable Broadband Adoption (SBA).
The application requirements for the
BTOP contained in the NOFA are an
information collection subject to the
requirements of the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3501 et seq.). However, NTIA indicated
in the NOFA that the information
collection associated with BTOP had
not yet been approved by OMB and that
it would publish a subsequent notice in
the Federal Register when that event
occurred.
By this notice, NTIA announces that
OMB approved the amendment to the
information collection approved under
OMB Control Number 0660–0031. The
expiration date for this information
collection is July 31, 2010. This
collection of information was approved
by OMB in accordance with the
emergency processing provisions under
5 CFR 1320.13 to allow NTIA to fulfill
its ARRA requirements.
Notwithstanding any other provision of
law, no person is required to respond to,
nor shall any person be subject to a
penalty for failure to comply with a
collection of information subject to the
Paperwork Reduction Act unless that
collection displays a currently valid
OMB Control Number.
Dated: February 5, 2010.
Kathy D. Smith,
Chief Counsel, National Telecommunications
and Information Administration.
[FR Doc. 2010–2967 Filed 2–9–10; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–822]
Stainless Steel Sheet and Strip in Coils
From Mexico; Final Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2009, the
Department of Commerce (the
Department) published the preliminary
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Notices]
[Pages 6625-6627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2516]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Dixie National Forest, UT, Kitty Hawk Administrative Site Master
Development Plan
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to Prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The USDA Forest Service will prepare an Environmental Impact
Statement (EIS) to analyze the master development plan for the Kitty
Hawk Forest Service Administrative Site within the city limits of Cedar
City, Utah. The site is administered by the Cedar City Ranger District,
Dixie National Forest, Utah. The agency gives notice of the full
environmental analysis and decision-making process that will occur on
the proposal so that interested and affected people may become aware of
how they can participate in the process and contribute to the final
decision.
DATES: Comments concerning the scope of the analysis must be received
by thirty days after publication of this Notice of Intent in the
Federal Register. The draft environmental impact statement is expected
in May, 2010. The final environmental impact statement is expected in
September, 2010.
ADDRESSES: Send written comments to: Kitty Hawk Administrative Site
Master Development Plan Analysis Coordinator, Cedar City Ranger
District, Dixie National Forest, 1789 Wedgewood Lane, Cedar City, Utah
84721. Electronic comments must be submitted in rich text format
(.rtf), or Word (.doc) to comments-intermtn-dixie@fs.fed.us.
FOR FURTHER INFORMATION CONTACT: Kitty Hawk Administrative Site Master
Development Plan Analysis Coordinator, Cedar City Ranger District,
Dixie National Forest, 1789 Wedgewood Lane, Cedar City, Utah 84721.
[[Page 6626]]
SUPPLEMENTARY INFORMATION: The 14-acre Kitty Hawk Administrative Site
is located in Cedar City at 1750 West Kitty Hawk Drive. The site is
owned by the USDA-Forest Service and jointly occupied by the Dixie
National Forest, the USDI-Bureau of Land Management Cedar City District
Office and the USDI-National Park Service. The site is zoned as I&M1
(Industrial and Manufacturing). Management of the site is in compliance
with City zoning as well as State and Federal regulations regarding
administrative sites. The site has been developed over the past 30
years and currently has four permanent buildings, several parking
areas, several sheds for equipment storage and open areas designated
for a variety of vehicle and equipment storage.
Recent review indicates the need for a Master Development Plan to
guide future development of the site. Preliminary analysis found that
the presence of Utah prairie dogs (a Threatened species) on the site
warranted an environmental impact statement of the new Master
Development Plan.
The Proposed Action is a Master Development Plan (MDP) for the
existing 14-acre administrative site. The MDP will detail planned
facilities, other development and uses for the site into the
foreseeable future.
Existing facilities include an Interagency Fire Center, Fire Cache,
Old Fire Center/Future Building Pad and Fire Engine Building.
New facilities to be constructed include additions to the
Interagency Fire Center, five new buildings (engine building, vehicle
wash, HAZMAT storage, maintenance shop and equipment building.
Part of the site will be hardened for outside storage for ATV's,
equipment, and supplies. Six large parking lots will also be developed.
Possible Alternatives: Two or more alternatives will be considered
in the analysis. No action. Under this alternative, the existing
administrative site will remain with no further development. This
alternative will be fully evaluated and described.
Proposed Action (as described above).
Additional Alternatives--Additional alternatives may be developed
in response to issues and resource conditions evaluated through the
analysis.
Responsible Official: The responsible official for this EIS and the
Record of Decision is: Robert G. MacWhorter, Forest Supervisor, Dixie
National Forest, 1789 Wedgewood Lane, Cedar City, Utah 84721; FAX:
(435) 865-3791.
Nature of Decision To Be Made: The Responsible Official will decide
whether the proposed Master Development Plan would be adopted and the
site developed accordingly.
Scoping Process: Public participation was initiated through scoping
in December, 2009. A scoping notice was sent to individuals and
organizations who are potentially affected parties and those that have
expressed interest in projects. Comments and issues were received in
response to scoping.
Scoping will continue. Public participation is especially important
during scoping and review of the draft EIS. Individuals, organizations,
Federal, State, and local agencies who are interested in or affected by
the decision are invited to participate in the scoping process. This
information will be used in the preparation of the draft EIS.
Preliminary Issue. The following issue was identified through
public scoping and internal resource analyses:
The site has Utah prairie dog habitat and a colony of prairie dogs.
This is a Threatened species listed under the Endangered Species Act.
Consultation with the U.S. Fish and Wildlife Service have concluded
that the prairie dog habitat will be adversely affected by the planned
developments. Mitigation for the habitat loss will be developed during
further consultation with USFWS.
Comments Requested. Comments will continue to be received and
considered throughout the analysis process. Comments received in
response to this notice and through scoping, including names and
addresses of those who comment, will be considered part of the public
record of this proposed action and will be available for public
inspection. 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 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.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The draft EIS is expected to be filed with the
EPA (Environmental Protection Agency) and to be available for public
review. At that time the EPA will publish a notice of availability of
the draft EIS in the Federal Register. The comment period for the draft
environmental impact statement will be forty-five days from the date
the EPA's notice of availability appears in the Federal Register.
Comments on the draft EIS should be as specific as possible and may
address the adequacy of the statement or the merits of the alternatives
discussed (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).
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 reviewers' position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could have been 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 (9th Circuit, 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 the time it can meaningfully consider them and respond to
them in the final environmental impact statement. 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 Parts 215. To assist the Forest Service in
identifying and considering issues and concerns about 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 statement or the merits of the alternatives
formulated and
[[Page 6627]]
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.
In the final EIS, the Forest Service is required to respond to
substantive comments and responses received during the comment period
that pertain to the environmental consequences discussed in the draft
EIS and applicable laws, regulations, and policies considered in making
a decision regarding the proposal. The Responsible Official will
document the decision and rationale for the decision in a Record of
Decision. The final EIS is scheduled for completion in September, 2010.
The decision will be subject to review under Forest Service Appeal
Regulations.
Dated: January 29, 2010.
Robert G. MacWhorter,
Forest Supervisor, Dixie National Forest.
[FR Doc. 2010-2516 Filed 2-9-10; 8:45 am]
BILLING CODE 3410-11-M
