Chugach National Forest; Alaska; Notice of a Proposed Amendment to the Chugach National Forest Land and Resource Management Plan, Applying Only to the Sterling Highway Milepost 45-60 Project, 49060-49062 [2018-21153]
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
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[FR Doc. 2018–21143 Filed 9–27–18; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Forest Service
Chugach National Forest; Alaska;
Notice of a Proposed Amendment to
the Chugach National Forest Land and
Resource Management Plan, Applying
Only to the Sterling Highway Milepost
45–60 Project
Forest Service, USDA.
Notice; project-specific
amendment to the Chugach National
Forest 2002 Land and Resource
Management Plan.
AGENCY:
ACTION:
On May 31, 2018, the U.S.
Department of Transportation, Federal
Highway Administration (FHWA)
signed a Record of Decision for the
Sterling Highway MP 45–60 Project,
which involves highway construction
and reconstruction near Cooper
Landing, Kenai Peninsula Borough,
Alaska. The U.S. Department of
Agriculture, Forest Service participated
as a cooperating agency with FHWA and
Alaska Department of Transportation
and Public Facilities in the preparation
of the draft and final Environmental
Impact Statements (EIS). To support the
FHWA decision, the Forest Service
proposes a project-specific Land and
Resource Management Plan (Forest
Plan) amendment to make the selected
route consistent with the Chugach
Forest Plan.
DATES: Publication of this notice marks
the initiation of a public comment
period for the proposed action.
Comments concerning the scope of the
analysis must be received by November
13, 2018. The agency expects to release
a draft Record of Decision for the
proposed amendment in late 2018.
ADDRESSES: Send written comments to
Chugach National Forest Supervisor’s
Office, Attn: Sterling Highway Plan
Amendment, 161 East 1st Avenue, Door
8, Anchorage, AK 99501. Comments
may also be sent via email to commentsalaska-chugach@fs.fed.us, or via
facsimile to 907–743–9476.
FOR FURTHER INFORMATION CONTACT:
Detailed information about the Sterling
Highway Project, including the FHWA’s
Record of Decision, FEIS, and related
SUMMARY:
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reports, is available at https://
sterlinghighway.net/. For information
related specifically to the Forest Plan
amendment, please contact David FitzEnz, Forest Planner, Chugach National
Forest at 907–743–9595 or dfitzenz@
fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background
This notice is specific to the Forest
Service. The FHWA was the lead
Federal agency for the Sterling Highway
Mile 45–60 Project EIS and Record of
Decision, which was signed on May 31,
2018. The decision, implementing the
‘‘Juneau Creek Alternative,’’ requires 3.3
miles of new road construction across
lands managed by the Chugach National
Forest in the Kenai Peninsula Borough,
Alaska. The Forest Service must
determine whether to consent to the
transfer of a highway easement for these
lands under 23 U.S.C. 317. This consent
is conditioned on the Forest Service
completing a project-specific plan
amendment because the new route is
inconsistent with a Forest Plan standard
prohibiting new road construction
within a certain type of brown bear
habitat. This notice pertains only to this
project-specific plan amendment.
The policy for project consistency
with prior plans amended using the
2012 Planning Rule is set out at FSH
1909.12, Chapter 20, Section 21.33. For
a plan developed or revised under a
prior planning regulation (1982
Planning Rule) that is amended
pursuant to the 2012 Planning Rule, the
consistency requirement is that the 2012
Planning Rule consistency provisions at
36 CFR 219.15(d) apply only to plan
component(s) added or modified in
conformance with, and as defined by,
the 2012 Planning Rule. With respect to
other plan provisions, the Forest
Service’s prior interpretation of
consistency applies, that projects need
only be consistent with plan standards
and guidelines. (See 2012 Final Rule 77
FR 21162, 21241 (April 9, 2012); 1991
Advanced Notice of Proposed
Rulemaking 56 FR 6508, 6519–6520
(Feb 15, 1991) and the 1995 Proposed
Rule, at 60 FR 18886, 18902, 18909
(April 13, 1995).)
As analyzed and disclosed in the
Sterling final EIS, this project is also
inconsistent with one guideline related
to brown bear habitat. This
inconsistency does not require a plan
amendment (Forest Plan, p. 3–22), but is
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
briefly mentioned here because it will
be documented in the Forest Service’s
Record of Decision.
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Purpose and Need for Action
The FHWA decision for the Sterling
Highway MP 45–60 Project approves
construction of new highway that
crosses 3.3 miles of National Forest
System land. The Forest Service must
determine whether to consent to the
transfer of a highway easement for
construction and maintenance of the
highway on these lands under 23 U.S.C.
317. This consent is conditioned on the
Forest Service completing a projectspecific Forest Plan amendment because
the new route is inconsistent with a
Forest Plan standard prohibiting new
road construction within important
brown bear feeding areas.
These feeding areas were mapped for
this project in collaboration with Alaska
Department of Fish and Game, and the
new highway employs many design
features to minimize effects to brown
bear habitat. The purpose of this plan
amendment is to provide a projectspecific variance exempting the
requirement for full consistency with
this one forestwide standard related to
brown bear habitat. The variance would
apply only to this project. Completion of
this amendment is required for the
Forest Service to consent to the
appropriation of lands for highway
construction.
Proposed Action
The proposed action is to exempt the
Sterling Highway MP 45–60 Project
from the following standard in the 2002
Chugach Forest Plan (Forest Plan, p. 3–
29):
‘‘Standard 1, Brown Bear Habitat
Management. On the Kenai Peninsula
geographic area, manage areas of forest
cover approximately 750-feet from both
sides of important bear feeding areas in
specific areas of a stream where salmon
are concentrated in pools, below falls, or
where broad spawning flats result in
localized feeding concentrations of
bears to provide cover for brown bears
while feeding, or between brown bears
and humans. Important brown bear
feeding areas will be located with the
advice of the Alaska Department of Fish
and Game. Within the 750-foot brown
bear management zone the following
activities will not be allowed: a. new
road construction; b. any vegetation
management not intended to maintain
or improve ecological conditions for
brown bear. This standard does not
prohibit relocation, reconstruction, or
maintenance of existing roads and trails
in these areas. During the process of
reconstruction or relocation, emphasize
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opportunities to locate roads or trails
outside of these brown bear zones.’’
The amendment would exempt this
standard only for the Sterling Highway
MP 45–60 Project. It is considered a
project-specific amendment because it
would not change the applicability of
Forest Plan requirements for other
projects.
The Forest Service’s decision will be
supported by the environmental
analysis contained within the FHWA
final EIS. The FHWA has selected the
‘‘Juneau Creek Alternative’’ in their
Record of Decision. The draft and final
EIS issued by FHWA include a
discussion of Forest Plan consistency,
including the need for this projectspecific amendment. They also disclose
the environmental effects of this project
on brown bear habitat. The draft and
final EIS is available at https://sterling
highway.net/SHWPI_New.html. The
following are selected sections of the
final EIS describing the effects of the
selected alternative related to the need
for the plan amendment and to effects
on brown bear habitat: the Executive
Summary, Section 3.2—Land Use Plans
and Policies (pp. 3–50—52; 3–56),
Section 3.7—Cumulative Effects (pp. 3–
589—390), Section 3.22—Wildlife (pp.
3–456—457; 3–472—477; 3–478–482; 3–
488—3–491).
Responsible Official
The Forest Supervisor for the
Chugach National Forest is the
Responsible Official for amending the
2002 Revised Land and Resource
Management Plan.
Nature and Scope of Decision To Be
Made
The Responsible Official will decide
whether the project warrants a projectspecific plan amendment and if so, the
content of the amendment.
The scope of this amendment is a onetime exemption from Standard 1, Brown
Bear Habitat Management, for the
Sterling Highway MP 45–60 Project.
The scale of this amendment is
limited to the important brown bear
feeding areas where the Juneau Creek
Alternative route impacts land mapped
as Areas 8, 9, and 11 on Map 3.22–1 of
the EIS (Chapter 3.22 Wildlife, p. 3–
513). The highway easement would
encompass less than 100 acres within
the mapped feeding area of
approximately 1,000 acres. The decision
includes extensive mitigation, including
a wildlife overpass and several
underpasses, to mitigate the effects to
wildlife.
The Responsible Official must ensure
that the amendment is consistent with
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49061
36 CFR 219 regulations, as described
below.
Planning Rule Requirements for Forest
Plan Amendments
On December 15, 2016, the
Department of Agriculture Under
Secretary for Natural Resources and
Environment issued a final rule that
amended the 36 CFR 219 regulations
pertaining to National Forest System
Land Management Planning (Planning
Rule) (81 FR 90723, 90737). The
amendment to 36 CFR 219 clarified the
Department’s direction for amending
Forest Plans. The Department also
added a requirement for the responsible
official amending a plan to provide
notice ‘‘about which substantive
requirements of § 219.8 through 219.11
are likely to be directly relate to the
amendment’’ (36 CFR 219.13(b)(2), 81
FR 90738). Whether a rule provision is
directly related to an amendment is
determined by any one of the following:
The purpose for the amendment, a
beneficial effect of the amendment, a
substantial adverse effect of the
amendment, or a lessening of plan
protections by the amendment.
The substantive requirements of
§ 219.8 through 219.11 that are likely to
be directly related to amending the
above standard are:
§ 219.9(a): (a) Ecosystem plan
components. (1) Ecosystem integrity. As
required by § 219.8(a), the plan must
include plan components, including
standards or guidelines, to maintain or
restore the ecological integrity of
terrestrial and aquatic ecosystems and
watersheds in the plan area, including
plan components to maintain or restore
their structure, function, composition,
and connectivity.
§ 219.10(a)(3): Appropriate placement
and sustainable management of
infrastructure, such as recreational
facilities and transportation and utility
corridors
§ 219.10(a)(5): Habitat conditions,
subject to the requirements of 219.9, for
wildlife, fish, and plants commonly
enjoyed and used by the public; for
hunting, fishing, trapping, gathering,
observing, subsistence and other
activities
If the proposed amendment is
determined to be ‘‘directly related’’ to a
substantive rule requirement, the
Responsible Official must apply that
requirement within the scope and scale
of the proposed amendment and, if
necessary, make adjustments to the
proposed amendment to meet the rule
requirement (36 CFR 219.13(b)(5) and
(6)).
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
Opportunities for Public Participation
The FHWA provided opportunities
for public comment throughout the
development of this project, including
public comment periods and public
meetings following issuance of the draft
EIS and Final EIS. A history of public
participation, including all public
comments, is available at: https://sterling
highway.net/SHWPI_New.html. Both the
draft and final EIS disclosed the need
for a Forest Plan amendment, depending
on the alternative selected.
This notice initiates a 45-day
comment period on the proposed
amendment. This will be the final
comment period for this proposed
amendment prior to issuing the record
of decision for administrative review.
Instructions on how to provide
comment, and where to find additional
information, are described in the
beginning of this notice. Comments
received in response to this solicitation,
including names and addresses of those
who comment, will be part of the public
record for this proposed action.
Comments submitted anonymously will
be accepted and considered, however.
Administrative Review of Forest Plan
Amendment Decisions
The decision for a plan amendment
will be documented in a record of
decision issued by the Forest Service.
The decision will be subject to the
predecisional administrative review
process per 36 CFR 219 subpart B.
Objections will be accepted only from
those who have previously submitted
substantive formal comments specific to
the proposed plan amendment. The
Reviewing Official for any objection is
the Regional Forester for the Alaska
Region.
Dated: September 7, 2018.
Gregory C. Smith,
Acting Associate Deputy Chief, National
Forest System.
[FR Doc. 2018–21153 Filed 9–27–18; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
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Forest Service
Boundary Establishment for Black
Butte National Wild and Scenic River,
Including Portions of Cold Creek,
Mendocino National Forest, Mendocino
County, California
Forest Service, USDA.
Notice of availability.
AGENCY:
ACTION:
In accordance with Section
3(b) of the Wild and Scenic Rivers Act,
the USDA Forest Service, Washington
SUMMARY:
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19:22 Sep 27, 2018
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Office, is transmitting the final
boundary of the Black Butte National
Wild and Scenic River, including
portions of Cold Creek, to Congress.
FOR FURTHER INFORMATION CONTACT:
Information may be obtained by
contacting Mendocino National Forest
Supervisor’s Office, 825 N Humboldt
Ave., Willows, CA 95988; (530) 934–
3316.
The Black
Butte Wild and Scenic River, including
portions of Cold Creek, boundary is
available for review at the following
offices: USDA Forest Service, Yates
Building, 14th and Independence
Avenues SW, Washington, DC 20024;
Pacific Southwest Region 1323 Club
Drive, Vallejo, CA 94592; and
Mendocino National Forest Supervisor’s
Office, 825 N Humboldt Ave., Willows,
CA 95988.
The Northern California Coastal Wild
Heritage Wilderness Act (Pub. L. 109–
362) of October 17, 2006, designated the
Black Butte River and portions of Cold
Creek, California, as a National Wild
and Scenic River, to be administered by
the Secretary of Agriculture. As
specified by law, the boundary will not
be effective until 90-days after Congress
receives the transmittal.
SUPPLEMENTARY INFORMATION:
Dated: September 21, 2018.
Gregory C. Smith,
Acting Associate Deputy Chief, National
Forest System.
[FR Doc. 2018–21163 Filed 9–27–18; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
Agency: U.S. Census Bureau.
Title: Report of Building or Zoning
Permits Issued for New PrivatelyOwned Housing Units.
OMB Control Number: 0607–0094.
Form Number(s): C–404.
Type of Request: Extension of a
currently approved collection.
Number of Respondents: 20,325.
Average Hours per Response: Ranges
from 3 to 23 minutes.
Burden Hours: 17,263.
Needs and Uses: The Census Bureau
is requesting a three-year extension of
the Report of Building or Zoning
Permits Issued for New PrivatelyOwned Housing Units, otherwise
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known as the Building Permits Survey
(BPS). The Census Bureau conducts this
survey to collect data on new residential
buildings from state and local permitissuing offices. The key estimates from
the survey are the numbers of new
housing units authorized by building
permits; data are also collected on the
valuation of the housing units. The BPS
specifically collects information on
changes to the geographic coverage of
the permit-issuing place, the number
and valuation of new residential
housing units authorized by building
permits, and additional information on
residential permits valued at $1 million
or more, including, but not limited to,
site address and type of building.
The Census Bureau produces statistics
used to monitor activity in the large and
dynamic construction industry. Given
the importance of this industry, several
of the statistical series have been
designated by the Office of Management
and Budget as Principal Economic
Indicators. Two such indicators are
directly dependent on the key estimates
from the BPS. For New Residential
Construction (which includes Housing
Units Authorized by Building Permits,
Housing Starts, and Housing
Completions), form C–404 is used to
collect the estimate for Housing Units
Authorized by Building Permits. For
New Residential Construction and
Sales, the number of housing units
authorized by building permits is a key
component utilized in the estimation of
housing units started, completed, and
sold.
These statistics help state, local, and
federal governments, as well as private
industry, analyze this important sector
of the economy. The building permit
series are available monthly based on a
sample of building permit offices, and
annually based on the entire universe of
permit offices. Published data from the
survey can be found on the Census
Bureau’s website at www.census.gov/
permits.
The Census Bureau collects these data
primarily by mail or online using an
online version of the same
questionnaire. Some data are also
collected via receipt of proprietary
electronic files or mailed printouts for
jurisdictions who have established
reporting arrangements which allow
them to submit their responses using
their own file format.
We use the data, a component of The
Conference Board Leading Economic
Index, to estimate the number of
housing units authorized, started,
completed, and sold (single-family
only). In addition, the Census Bureau
uses the detailed geographic data in the
development of annual population
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]]>Agencies
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49060-49062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21153]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Chugach National Forest; Alaska; Notice of a Proposed Amendment
to the Chugach National Forest Land and Resource Management Plan,
Applying Only to the Sterling Highway Milepost 45-60 Project
AGENCY: Forest Service, USDA.
ACTION: Notice; project-specific amendment to the Chugach National
Forest 2002 Land and Resource Management Plan.
-----------------------------------------------------------------------
SUMMARY: On May 31, 2018, the U.S. Department of Transportation,
Federal Highway Administration (FHWA) signed a Record of Decision for
the Sterling Highway MP 45-60 Project, which involves highway
construction and reconstruction near Cooper Landing, Kenai Peninsula
Borough, Alaska. The U.S. Department of Agriculture, Forest Service
participated as a cooperating agency with FHWA and Alaska Department of
Transportation and Public Facilities in the preparation of the draft
and final Environmental Impact Statements (EIS). To support the FHWA
decision, the Forest Service proposes a project-specific Land and
Resource Management Plan (Forest Plan) amendment to make the selected
route consistent with the Chugach Forest Plan.
DATES: Publication of this notice marks the initiation of a public
comment period for the proposed action. Comments concerning the scope
of the analysis must be received by November 13, 2018. The agency
expects to release a draft Record of Decision for the proposed
amendment in late 2018.
ADDRESSES: Send written comments to Chugach National Forest
Supervisor's Office, Attn: Sterling Highway Plan Amendment, 161 East
1st Avenue, Door 8, Anchorage, AK 99501. Comments may also be sent via
email to [email protected], or via facsimile to 907-
743-9476.
FOR FURTHER INFORMATION CONTACT: Detailed information about the
Sterling Highway Project, including the FHWA's Record of Decision,
FEIS, and related reports, is available at https://sterlinghighway.net/.
For information related specifically to the Forest Plan amendment,
please contact David Fitz-Enz, Forest Planner, Chugach National Forest
at 907-743-9595 or [email protected].
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background
This notice is specific to the Forest Service. The FHWA was the
lead Federal agency for the Sterling Highway Mile 45-60 Project EIS and
Record of Decision, which was signed on May 31, 2018. The decision,
implementing the ``Juneau Creek Alternative,'' requires 3.3 miles of
new road construction across lands managed by the Chugach National
Forest in the Kenai Peninsula Borough, Alaska. The Forest Service must
determine whether to consent to the transfer of a highway easement for
these lands under 23 U.S.C. 317. This consent is conditioned on the
Forest Service completing a project-specific plan amendment because the
new route is inconsistent with a Forest Plan standard prohibiting new
road construction within a certain type of brown bear habitat. This
notice pertains only to this project-specific plan amendment.
The policy for project consistency with prior plans amended using
the 2012 Planning Rule is set out at FSH 1909.12, Chapter 20, Section
21.33. For a plan developed or revised under a prior planning
regulation (1982 Planning Rule) that is amended pursuant to the 2012
Planning Rule, the consistency requirement is that the 2012 Planning
Rule consistency provisions at 36 CFR 219.15(d) apply only to plan
component(s) added or modified in conformance with, and as defined by,
the 2012 Planning Rule. With respect to other plan provisions, the
Forest Service's prior interpretation of consistency applies, that
projects need only be consistent with plan standards and guidelines.
(See 2012 Final Rule 77 FR 21162, 21241 (April 9, 2012); 1991 Advanced
Notice of Proposed Rulemaking 56 FR 6508, 6519-6520 (Feb 15, 1991) and
the 1995 Proposed Rule, at 60 FR 18886, 18902, 18909 (April 13, 1995).)
As analyzed and disclosed in the Sterling final EIS, this project
is also inconsistent with one guideline related to brown bear habitat.
This inconsistency does not require a plan amendment (Forest Plan, p.
3-22), but is
[[Page 49061]]
briefly mentioned here because it will be documented in the Forest
Service's Record of Decision.
Purpose and Need for Action
The FHWA decision for the Sterling Highway MP 45-60 Project
approves construction of new highway that crosses 3.3 miles of National
Forest System land. The Forest Service must determine whether to
consent to the transfer of a highway easement for construction and
maintenance of the highway on these lands under 23 U.S.C. 317. This
consent is conditioned on the Forest Service completing a project-
specific Forest Plan amendment because the new route is inconsistent
with a Forest Plan standard prohibiting new road construction within
important brown bear feeding areas.
These feeding areas were mapped for this project in collaboration
with Alaska Department of Fish and Game, and the new highway employs
many design features to minimize effects to brown bear habitat. The
purpose of this plan amendment is to provide a project-specific
variance exempting the requirement for full consistency with this one
forestwide standard related to brown bear habitat. The variance would
apply only to this project. Completion of this amendment is required
for the Forest Service to consent to the appropriation of lands for
highway construction.
Proposed Action
The proposed action is to exempt the Sterling Highway MP 45-60
Project from the following standard in the 2002 Chugach Forest Plan
(Forest Plan, p. 3-29):
``Standard 1, Brown Bear Habitat Management. On the Kenai Peninsula
geographic area, manage areas of forest cover approximately 750-feet
from both sides of important bear feeding areas in specific areas of a
stream where salmon are concentrated in pools, below falls, or where
broad spawning flats result in localized feeding concentrations of
bears to provide cover for brown bears while feeding, or between brown
bears and humans. Important brown bear feeding areas will be located
with the advice of the Alaska Department of Fish and Game. Within the
750-foot brown bear management zone the following activities will not
be allowed: a. new road construction; b. any vegetation management not
intended to maintain or improve ecological conditions for brown bear.
This standard does not prohibit relocation, reconstruction, or
maintenance of existing roads and trails in these areas. During the
process of reconstruction or relocation, emphasize opportunities to
locate roads or trails outside of these brown bear zones.''
The amendment would exempt this standard only for the Sterling
Highway MP 45-60 Project. It is considered a project-specific amendment
because it would not change the applicability of Forest Plan
requirements for other projects.
The Forest Service's decision will be supported by the
environmental analysis contained within the FHWA final EIS. The FHWA
has selected the ``Juneau Creek Alternative'' in their Record of
Decision. The draft and final EIS issued by FHWA include a discussion
of Forest Plan consistency, including the need for this project-
specific amendment. They also disclose the environmental effects of
this project on brown bear habitat. The draft and final EIS is
available at https://sterlinghighway.net/SHWPI_New.html. The following
are selected sections of the final EIS describing the effects of the
selected alternative related to the need for the plan amendment and to
effects on brown bear habitat: the Executive Summary, Section 3.2--Land
Use Plans and Policies (pp. 3-50--52; 3-56), Section 3.7--Cumulative
Effects (pp. 3-589--390), Section 3.22--Wildlife (pp. 3-456--457; 3-
472--477; 3-478-482; 3-488--3-491).
Responsible Official
The Forest Supervisor for the Chugach National Forest is the
Responsible Official for amending the 2002 Revised Land and Resource
Management Plan.
Nature and Scope of Decision To Be Made
The Responsible Official will decide whether the project warrants a
project-specific plan amendment and if so, the content of the
amendment.
The scope of this amendment is a one-time exemption from Standard
1, Brown Bear Habitat Management, for the Sterling Highway MP 45-60
Project.
The scale of this amendment is limited to the important brown bear
feeding areas where the Juneau Creek Alternative route impacts land
mapped as Areas 8, 9, and 11 on Map 3.22-1 of the EIS (Chapter 3.22
Wildlife, p. 3-513). The highway easement would encompass less than 100
acres within the mapped feeding area of approximately 1,000 acres. The
decision includes extensive mitigation, including a wildlife overpass
and several underpasses, to mitigate the effects to wildlife.
The Responsible Official must ensure that the amendment is
consistent with 36 CFR 219 regulations, as described below.
Planning Rule Requirements for Forest Plan Amendments
On December 15, 2016, the Department of Agriculture Under Secretary
for Natural Resources and Environment issued a final rule that amended
the 36 CFR 219 regulations pertaining to National Forest System Land
Management Planning (Planning Rule) (81 FR 90723, 90737). The amendment
to 36 CFR 219 clarified the Department's direction for amending Forest
Plans. The Department also added a requirement for the responsible
official amending a plan to provide notice ``about which substantive
requirements of Sec. 219.8 through 219.11 are likely to be directly
relate to the amendment'' (36 CFR 219.13(b)(2), 81 FR 90738). Whether a
rule provision is directly related to an amendment is determined by any
one of the following: The purpose for the amendment, a beneficial
effect of the amendment, a substantial adverse effect of the amendment,
or a lessening of plan protections by the amendment.
The substantive requirements of Sec. 219.8 through 219.11 that are
likely to be directly related to amending the above standard are:
Sec. 219.9(a): (a) Ecosystem plan components. (1) Ecosystem
integrity. As required by Sec. 219.8(a), the plan must include plan
components, including standards or guidelines, to maintain or restore
the ecological integrity of terrestrial and aquatic ecosystems and
watersheds in the plan area, including plan components to maintain or
restore their structure, function, composition, and connectivity.
Sec. 219.10(a)(3): Appropriate placement and sustainable
management of infrastructure, such as recreational facilities and
transportation and utility corridors
Sec. 219.10(a)(5): Habitat conditions, subject to the requirements
of 219.9, for wildlife, fish, and plants commonly enjoyed and used by
the public; for hunting, fishing, trapping, gathering, observing,
subsistence and other activities
If the proposed amendment is determined to be ``directly related''
to a substantive rule requirement, the Responsible Official must apply
that requirement within the scope and scale of the proposed amendment
and, if necessary, make adjustments to the proposed amendment to meet
the rule requirement (36 CFR 219.13(b)(5) and (6)).
[[Page 49062]]
Opportunities for Public Participation
The FHWA provided opportunities for public comment throughout the
development of this project, including public comment periods and
public meetings following issuance of the draft EIS and Final EIS. A
history of public participation, including all public comments, is
available at: https://sterlinghighway.net/SHWPI_New.html. Both the draft
and final EIS disclosed the need for a Forest Plan amendment, depending
on the alternative selected.
This notice initiates a 45-day comment period on the proposed
amendment. This will be the final comment period for this proposed
amendment prior to issuing the record of decision for administrative
review. Instructions on how to provide comment, and where to find
additional information, are described in the beginning of this notice.
Comments received in response to this solicitation, including names and
addresses of those who comment, will be part of the public record for
this proposed action. Comments submitted anonymously will be accepted
and considered, however.
Administrative Review of Forest Plan Amendment Decisions
The decision for a plan amendment will be documented in a record of
decision issued by the Forest Service. The decision will be subject to
the predecisional administrative review process per 36 CFR 219 subpart
B. Objections will be accepted only from those who have previously
submitted substantive formal comments specific to the proposed plan
amendment. The Reviewing Official for any objection is the Regional
Forester for the Alaska Region.
Dated: September 7, 2018.
Gregory C. Smith,
Acting Associate Deputy Chief, National Forest System.
[FR Doc. 2018-21153 Filed 9-27-18; 8:45 am]
BILLING CODE 3411-15-P
