Notice of Availability for the Tri-State Fuel Breaks Project Final Environmental Impact Statement, Idaho and Oregon, 19019-19020 [2020-06949]
Download as PDF
Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[19XL.LLIDB03000.DF0000.LFHFFR
650000.241A.4500136018]
Notice of Availability for the Tri-State
Fuel Breaks Project Final
Environmental Impact Statement,
Idaho and Oregon
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969, as amended, and the Federal Land
Policy and Management Act of 1976, as
amended, the Bureau of Land
Management (BLM) Boise District
Office, Boise, Idaho, and the BLM Vale
District Office, Vale, Oregon, have
prepared the Tri-state Fuel Breaks
Project Final Environmental Impact
Statement (DOI–BLM–ID–B000–2015–
0001–EIS) (Final EIS) and, by this
notice, are announcing its availability.
DATES: The BLM will not issue a final
decision on the proposal for a minimum
of 30 days following the date the
Environmental Protection Agency
publishes its Notice of Availability in
the Federal Register.
ADDRESSES: Interested persons may also
review the Final EIS and accompanying
background documents on the project
website: https://go.usa.gov/xPruu. If you
are unable to access the documents
online and would like a paper copy,
please contact the Project Lead
identified below.
FOR FURTHER INFORMATION CONTACT:
Lance Okeson, Project Lead, telephone:
208–384–3300; 3948 South
Development Ave., Boise, ID 83705;
email: blm_id_tristate@blm.gov. Contact
Mr. Okeson to have your name added to
our mailing list. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact Mr. Okeson during normal
business hours. FRS is available 24
hours a day, 7 days a week, to leave a
message or a question. You will receive
a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
Southwestern Idaho, southeastern
Oregon, and northern Nevada (the Tristate area) comprise one of the largest
intact strongholds of sagebrush-steppe
habitat in the Northern Great Basin.
This area supports big game and
sagebrush-dependent species and
provides for a variety of multiple-use
activities. Assessments have identified
the project area as a landscape
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:45 Apr 02, 2020
Jkt 250001
particularly threatened by wildfire and
the subsequent spread of invasive
annual grasses. For example, the 2010
Rapid Eco-regional Assessment of the
Northern Basin and Range and Snake
River Plain identified the tri-state area
as being at high risk for large-scale
wildfires. Wildfires in this remote area
can grow quickly and affect hundreds of
thousands of acres of sagebrush-steppe
habitat and working landscapes within
a matter of days. The 2012 Long Draw
Fire (558,198 acres), the 2014 Buzzard
Complex Fire (395,747 acres), the 2015
Soda Fire (285,360 acres), the 2018
Martin Fire (435,569 acres), and the
2018 Sugar Loaf Fire (233,462 acres)—
all of which were in or near the project
area—each impacted over a hundred
thousand acres within 24 hours.
The sagebrush-steppe landscape
within this area represents one of the
most impacted ecosystems in the United
States. The Secretary of the Interior’s
2017 Wildland Fire Directive and
Secretarial Order 3372 call for active
management of public lands to reduce
the risk of catastrophic wildfire to
America’s forests and rangelands.
Management of wildfire has been
identified as one of the key issues for
maintaining sage-grouse populations in
sagebrush-dominated landscapes.
Purpose and Need
The purpose of the action is to
provide a network of fuel breaks to
enable wildland fire suppression
resources in the tri-state area to more
safely, rapidly, and effectively protect
natural and cultural resources from
wildfires. The strategy proposes to
create and maintain fuel breaks along
established roads through mechanical,
biological, chemical, and prescribed fire
treatments. Fuel breaks reduce fuel
accumulations and disrupt fuel
continuity in order to modify fire
behavior and provide safe anchor points
for firefighters. Fuel breaks allow
firefighters to more rapidly contain and
control wildland fires and increase
suppression efficacy by enabling
firefighters to engage wildfires over a
larger area. This network would
improve firefighters’ opportunities for
protecting one of the few remaining
large areas of intact sagebrush-steppe
habitat from the threat of wildland fire.
Alternatives
Under the No Action Alternative
(Alternative 1), a fuel break network
would not be created. Fuels adjacent to
roadways would not be treated to
reduce fuel accumulations and disrupt
fuel continuity. Fire suppression
personnel would continue to use
existing paved and other improved BLM
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
19019
and county roads and natural
topographic features to attempt holding
and controlling wildfire.
Under all action alternatives, fuel
breaks would only be implemented
alongside existing roads. Fuel breaks
would extend up to, but no farther than,
200 feet from both sides of roadways.
Environmental constraints such as
adjacent vegetation, terrain, soil type,
and resource concerns would dictate
width and treatment type in a given
area. No fuel breaks would be
constructed in designated wilderness.
Fuel breaks could be established along
the non-wilderness side of boundary
roads adjacent to designated wilderness
and along boundary roads surrounding
wilderness study areas (WSAs).
The methods for fuel break creation
and maintenance analyzed in the Final
EIS include mowing, hand cutting,
seeding (including seedbed preparation
techniques), herbicide treatment,
prescribed fire (e.g., pile burning), and
targeted grazing. These methods may be
implemented in combination or as
stand-alone treatments as necessary to
meet the treatment objectives.
Depending on available funding,
implementation could occur over 15
years.
Alternative 2 contains the highest
number and density of fuel breaks of all
action alternatives. The BLM would
implement and maintain a fuel break
network along approximately 1,539
miles of existing roads: 731 miles in
Idaho and 808 miles in Oregon.
Alternative 3 was developed to
protect natural resources from large
wildfires while minimizing impacts to
cultural resources. Alternative 3
emphasizes avoidance of cultural
resources and limiting impacts to
special management areas (e.g.,
wilderness and WSAs). The fuel break
network would span 1,063 miles of
existing roads: 505 miles in Idaho and
558 miles in Oregon.
Alternative 4 emphasizes protection
to wildlife and their habitat while
providing a network of fuel breaks that
meets the purpose and need. The fuel
break network would span 910 miles of
existing roads: 450 miles in Idaho and
460 miles in Oregon.
The Final EIS introduces Alternative
5, the preferred alternative, which
blends elements of Alternatives 2, 3,
and 4 to provide a strategic fuel break
network that limits adverse impacts to
wildlife and cultural resources. This
alternative reflects adjustments to fuel
break routes previously analyzed in the
Draft EIS under Alternatives 2, 3, and 4
based on the analysis of impacts and
public comments received. The fuel
break network for this alternative would
E:\FR\FM\03APN1.SGM
03APN1
19020
Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
span 987 miles of existing roads: 435
miles in Idaho and 552 miles in Oregon.
Comments on the Draft EIS received
from the public and internal BLM
review were considered and
incorporated as appropriate into the
Final EIS. Public comments resulted in
the development of Alternative 5, which
is within the range of alternatives
analyzed in the Draft EIS.
(Authority: 40 CFR 1506.6, 40 CFR 1506.10,
and 43 CFR 1610.2)
Aimee D. K. Betts,
Acting Boise District Manager, Idaho.
Donald N. Gonzalez,
Vale District Manager, Oregon/Washington.
[FR Doc. 2020–06949 Filed 4–2–20; 8:45 am]
BILLING CODE 4310–GG–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
jbell on DSKJLSW7X2PROD with NOTICES
Brewster Drug, Inc.; Decision and
Order
On October 26, 2017, the DEA Acting
Administrator issued an Order to Show
Cause and Immediate Suspension of
Registration (hereinafter collectively,
OSC), to Brewster Drug, Inc.
(hereinafter, Registrant), of Brewster,
Washington. The OSC informed
Registrant of the immediate suspension
of its DEA Certificate of Registration
AB6785161 and proposed its revocation,
the denial of any pending application
for renewal or modification of such
registration, and the denial of any
applications for additional DEA
registrations, on the ground that its
‘‘continued registration is inconsistent
with the public interest.’’ OSC, at 1
(citing 21 U.S.C. 824(a)(4) and 823(f)).
The OSC alleged that Registrant is a
corporate entity in the state of
Washington. Id. at 2. It further alleged
that ‘‘Brian Johnson and Nikki Johnson
are the [Registrant’s] ‘Governing
Persons’—as defined in the Revised
Code of Washington (RCW)
23.95.105(12),’’ and that ‘‘Brian Johnson
is listed as the Pharmacy’s Registered
Agent by the Washington State
Corporation commission.’’ Id. It further
alleged that Brian Johnson is
Registrant’s Pharmacist-in-Charge
(hereinafter, PIC). Id.
The OSC alleged that ‘‘DEA’s
investigation [of Registrant] has revealed
separate types of misconduct, which,
taken together, pose an imminent
danger to public health or safety.’’ Id. at
2. Specifically, DEA conducted
inspections of Registrant on August 15,
VerDate Sep<11>2014
17:45 Apr 02, 2020
Jkt 250001
2017 and September 13, 2017,1 which
‘‘revealed that [Registrant] was unable to
account for large volumes of controlled
substances.’’ Id. The Order also alleged
that PIC Johnson ‘‘engaged in the
practice of pharmacy at [Registrant]
while under the influence of controlled
substances, including some of the same
controlled substances for which [one of
the audits] showed significant
discrepancies.’’ Id. The OSC further
alleged that Registrant failed to maintain
adequate records in violation of 21
U.S.C. 827(a) and 21 CFR 1304.03-.04,
1304.11, 1304.21, and 1305.13(e), and
that PIC Johnson placed customers in
danger by dispensing controlled
substances to a patient without a valid
prescription. Id. at 2–4.
Based on his ‘‘preliminary finding
that controlled substances were diverted
from [Registrant] in connection with
failure to maintain complete records
and dispensing controlled substances
without a valid prescription,’’ the
former Acting Administrator concluded
that Registrant’s registration ‘‘is
inconsistent with the public interest.’’
Id. at 5. The former Acting
Administrator also made the
preliminary finding that Registrant’s
‘‘continued registration during the
pendency of these proceedings would
constitute an imminent danger to the
public health and safety because of the
substantial likelihood of an imminent
threat that death, serious bodily harm or
abuse of controlled substances will
occur in the absence of this
suspension.’’ Id. The former Acting
Administrator thus concluded that
Registrant’s continued registration
during the pendency of the proceeding
‘‘constitutes an imminent danger to the
public health and safety’’ and
suspended its registration ‘‘effective
immediately.’’ Id. (citing 21 U.S.C.
824(d)). Pursuant to 21 U.S.C. 824(f) and
21 CFR 1301.36(f), the former Acting
Administrator authorized the DEA
Special Agents and Diversion
Investigators serving the OSC on
Registrant to place under seal or to
remove for safekeeping all controlled
substances Registrant possessed
pursuant to the immediately suspended
registration. Id. The former Acting
Administrator also directed those DEA
employees to take possession of
Registrant’s Certificate of Registration
AB6785161 and any unused order
forms. Id.
The OSC notified Registrant of its
right to request a hearing on the
1 The Government did not include any further
mention of the September 13, 2017 audit in the
record provided to me; therefore, the findings
herein are limited to the August 15, 2017 audit.
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
allegations or to submit a written
statement while waiving its right to a
hearing, the procedures for electing
either option, and the consequence of
failing to elect either option. Id. at 5–6
(citing 21 CFR 1301.43).
On October 31, 2017, a DEA Diversion
Investigator (DI) personally served the
OSC on Brian Johnson, Registrant’s PIC
at Registrant’s address. GX 3, at 3. On
the same day, Diversion Investigators
took custody of Registrant’s DEA
Certificate of Registration and removed
all controlled substances in Registrant’s
possession, pursuant to the Immediate
Suspension Order. Id. See also GX 3,
Appendix 4 (Inventory of Seized Items).
According to the Government, since
the date of service of the Order, neither
Registrant, nor anyone purporting to
represent it, has filed a written
statement or made any communication
in writing to the Agency since the OSC
was served. Request for Final Agency
Action (hereinafter, RFAA), at 2; see
also GX 3, at 3. Based on the
Government’s representation, I find that
more than 30 days have now passed and
Registrant has neither requested a
hearing nor submitted a written
statement while waiving its right to a
hearing. I therefore find that Registrant
has waived its right to a hearing or to
submit a written statement, and issue
this Decision and Order based on the
record submitted by the Government,
which constitutes the entire record
before me. See 21 CFR 1301.43(e).
On February 25, 2019, I issued an
Order taking notice of the Agency’s
registration records, which showed that
on January 16, 2018, DEA approved the
registration of a different retail
pharmacy, called ‘‘Brewster
Marketplace Pharmacy & T.V. Hardware
LLC’’ at the same street address as
Registrant. Order dated February 25,
2019 (hereinafter, February Order). The
February Order directed the
Government ‘‘to investigate and to
address whether Registrant has
discontinued its business practice as a
retail pharmacy and whether its DEA
registration has thus terminated
pursuant to 21 CFR 1301.52.’’ Id. at 2.
Additionally, the Order directed the
Government to determine whether
Registrant has forfeited its right, title
and interest in the seized controlled
substances. Id. at 2–3.
On March 25, 2019, I received the
Government’s Reply to Administrator’s
February Order (hereinafter, GR), which
confirmed that Registrant discontinued
business on December 29, 2017, and
sold the business to Brewster
Marketplace Pharmacy and Hardware,
LLC (hereinafter, Marketplace). GR, at 2.
The Government asserts that because
E:\FR\FM\03APN1.SGM
03APN1
Agencies
[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 19019-19020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06949]
[[Page 19019]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[19XL.LLIDB03000.DF0000.LFHFFR650000.241A.4500136018]
Notice of Availability for the Tri-State Fuel Breaks Project
Final Environmental Impact Statement, Idaho and Oregon
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: In accordance with the National Environmental Policy Act of
1969, as amended, and the Federal Land Policy and Management Act of
1976, as amended, the Bureau of Land Management (BLM) Boise District
Office, Boise, Idaho, and the BLM Vale District Office, Vale, Oregon,
have prepared the Tri-state Fuel Breaks Project Final Environmental
Impact Statement (DOI-BLM-ID-B000-2015-0001-EIS) (Final EIS) and, by
this notice, are announcing its availability.
DATES: The BLM will not issue a final decision on the proposal for a
minimum of 30 days following the date the Environmental Protection
Agency publishes its Notice of Availability in the Federal Register.
ADDRESSES: Interested persons may also review the Final EIS and
accompanying background documents on the project website: https://go.usa.gov/xPruu. If you are unable to access the documents online and
would like a paper copy, please contact the Project Lead identified
below.
FOR FURTHER INFORMATION CONTACT: Lance Okeson, Project Lead, telephone:
208-384-3300; 3948 South Development Ave., Boise, ID 83705; email:
[email protected]. Contact Mr. Okeson to have your name added to
our mailing list. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339
to contact Mr. Okeson during normal business hours. FRS is available 24
hours a day, 7 days a week, to leave a message or a question. You will
receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: Southwestern Idaho, southeastern Oregon, and
northern Nevada (the Tri-state area) comprise one of the largest intact
strongholds of sagebrush-steppe habitat in the Northern Great Basin.
This area supports big game and sagebrush-dependent species and
provides for a variety of multiple-use activities. Assessments have
identified the project area as a landscape particularly threatened by
wildfire and the subsequent spread of invasive annual grasses. For
example, the 2010 Rapid Eco-regional Assessment of the Northern Basin
and Range and Snake River Plain identified the tri-state area as being
at high risk for large-scale wildfires. Wildfires in this remote area
can grow quickly and affect hundreds of thousands of acres of
sagebrush-steppe habitat and working landscapes within a matter of
days. The 2012 Long Draw Fire (558,198 acres), the 2014 Buzzard Complex
Fire (395,747 acres), the 2015 Soda Fire (285,360 acres), the 2018
Martin Fire (435,569 acres), and the 2018 Sugar Loaf Fire (233,462
acres)--all of which were in or near the project area--each impacted
over a hundred thousand acres within 24 hours.
The sagebrush-steppe landscape within this area represents one of
the most impacted ecosystems in the United States. The Secretary of the
Interior's 2017 Wildland Fire Directive and Secretarial Order 3372 call
for active management of public lands to reduce the risk of
catastrophic wildfire to America's forests and rangelands. Management
of wildfire has been identified as one of the key issues for
maintaining sage-grouse populations in sagebrush-dominated landscapes.
Purpose and Need
The purpose of the action is to provide a network of fuel breaks to
enable wildland fire suppression resources in the tri-state area to
more safely, rapidly, and effectively protect natural and cultural
resources from wildfires. The strategy proposes to create and maintain
fuel breaks along established roads through mechanical, biological,
chemical, and prescribed fire treatments. Fuel breaks reduce fuel
accumulations and disrupt fuel continuity in order to modify fire
behavior and provide safe anchor points for firefighters. Fuel breaks
allow firefighters to more rapidly contain and control wildland fires
and increase suppression efficacy by enabling firefighters to engage
wildfires over a larger area. This network would improve firefighters'
opportunities for protecting one of the few remaining large areas of
intact sagebrush-steppe habitat from the threat of wildland fire.
Alternatives
Under the No Action Alternative (Alternative 1), a fuel break
network would not be created. Fuels adjacent to roadways would not be
treated to reduce fuel accumulations and disrupt fuel continuity. Fire
suppression personnel would continue to use existing paved and other
improved BLM and county roads and natural topographic features to
attempt holding and controlling wildfire.
Under all action alternatives, fuel breaks would only be
implemented alongside existing roads. Fuel breaks would extend up to,
but no farther than, 200 feet from both sides of roadways.
Environmental constraints such as adjacent vegetation, terrain, soil
type, and resource concerns would dictate width and treatment type in a
given area. No fuel breaks would be constructed in designated
wilderness. Fuel breaks could be established along the non-wilderness
side of boundary roads adjacent to designated wilderness and along
boundary roads surrounding wilderness study areas (WSAs).
The methods for fuel break creation and maintenance analyzed in the
Final EIS include mowing, hand cutting, seeding (including seedbed
preparation techniques), herbicide treatment, prescribed fire (e.g.,
pile burning), and targeted grazing. These methods may be implemented
in combination or as stand-alone treatments as necessary to meet the
treatment objectives. Depending on available funding, implementation
could occur over 15 years.
Alternative 2 contains the highest number and density of fuel
breaks of all action alternatives. The BLM would implement and maintain
a fuel break network along approximately 1,539 miles of existing roads:
731 miles in Idaho and 808 miles in Oregon.
Alternative 3 was developed to protect natural resources from large
wildfires while minimizing impacts to cultural resources. Alternative 3
emphasizes avoidance of cultural resources and limiting impacts to
special management areas (e.g., wilderness and WSAs). The fuel break
network would span 1,063 miles of existing roads: 505 miles in Idaho
and 558 miles in Oregon.
Alternative 4 emphasizes protection to wildlife and their habitat
while providing a network of fuel breaks that meets the purpose and
need. The fuel break network would span 910 miles of existing roads:
450 miles in Idaho and 460 miles in Oregon.
The Final EIS introduces Alternative 5, the preferred alternative,
which blends elements of Alternatives 2, 3, and 4 to provide a
strategic fuel break network that limits adverse impacts to wildlife
and cultural resources. This alternative reflects adjustments to fuel
break routes previously analyzed in the Draft EIS under Alternatives 2,
3, and 4 based on the analysis of impacts and public comments received.
The fuel break network for this alternative would
[[Page 19020]]
span 987 miles of existing roads: 435 miles in Idaho and 552 miles in
Oregon.
Comments on the Draft EIS received from the public and internal BLM
review were considered and incorporated as appropriate into the Final
EIS. Public comments resulted in the development of Alternative 5,
which is within the range of alternatives analyzed in the Draft EIS.
(Authority: 40 CFR 1506.6, 40 CFR 1506.10, and 43 CFR 1610.2)
Aimee D. K. Betts,
Acting Boise District Manager, Idaho.
Donald N. Gonzalez,
Vale District Manager, Oregon/Washington.
[FR Doc. 2020-06949 Filed 4-2-20; 8:45 am]
BILLING CODE 4310-GG-P