Department of the Interior October 2012 – Federal Register Recent Federal Regulation Documents

In compliance with the National Environmental Policy Act of 1969 as amended (NEPA), and the Federal Land Policy and Management Act of 1976 as amended, the Bureau of Land Management (BLM) Boise District Office, Boise, Idaho, intends to prepare Resource Management Plan (RMP) and Management Framework Plan (MFP) amendments with an associated Environmental Assessment (EA) for the Bruneau and Four Rivers Field Offices and by this notice announcing the beginning of the scoping process to solicit public comments and identify issues.. The amendments would clarify the subset of lands, designated as eligible or potentially eligible for disposal, that meet FLPMA's Section 203 sale criteria. The BLM Boise District Office will also analyze approximately 1,600 acres of public land, currently identified as Category I (retention), for reclassification as suitable for sale under FLPMA Section 203, exchange or Recreation and Public Purpose patent. This reclassification could result in a net benefit to BLM programs and aid in blocking up State and Federal management units. The BLM will apply Section 203 criteria to determine whether the parcels will be considered eligible for disposal through sale or through exchange or Recreation and Public Purposes (R&PP) Act conveyance or leases.

The Bureau of Land Management (BLM) will file the plats of survey of the lands described below in the BLM-Eastern States office in Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, as amended, and its implementing regulations (40 CFR parts 1500-1508), the Northeast Regional Director, National Park Service (NPS), signed a Record of Decision (ROD) on October 1, 2012, granting construction and right-of-way permits to PPL Electric Utilities Corporation and the Public Service Electric and Gas Company (applicant) for the Susquehanna to Roseland 500-kilovolt (kV) transmission line to pass through the Appalachian National Scenic Trail, Delaware Water Gap National Recreation Area, and Middle Delaware National Scenic and Recreational River. The ROD is based on the Susquehanna to Roseland 500-kV Transmission Line Right-of-Way and Special Use Permit Final Environmental Impact Statement (Final EIS) which was released for a 30-day no action period beginning on September 1, 2012 and ending September 30, 2012. The ROD describes the selected alternative; other alternatives considered; the basis for the decision to grant the permit requested by the applicant; and mitigation measures. The ROD is not the final agency action for those elements of the decision that require the issuance of a permit or additional ROW. Final agency action to implement the decision will occur when a permit and ROWs incorporating these terms are completed and issued to the applicant.

Notice is hereby given that the National Capital Memorial Advisory Commission (the Commission) will meet at the National Building Museum, Room 312, 401 F Street NW., Washington, DC 20001, on Wednesday, November 7, 2012, at 1:00 p.m., to consider matters pertaining to commemorative works in the District of Columbia and its environs.

The plats of survey of the described lands were officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona, on dates indicated.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) involving Huron, Madison, and Sand Lake Wetland Management Districts (Districts). In this final CCP, we describe how we will manage these three Districts for the next 15 years.

We, the U.S. Fish and Wildlife Service, designate critical habitat for the Cumberland darter (Etheostoma susanae), rush darter (Etheostoma phytophilum), yellowcheek darter (Etheostoma moorei), Chucky madtom (Noturus crypticus), and laurel dace (Chrosomus saylori) under the Endangered Species Act of 1973, as amended. In total, approximately 86 river kilometers (rkm) (54 river miles (rmi)) are being designated as critical habitat for the Cumberland darter, 44 rkm (27 rmi) and 12 hectares (ha) (29 acres (ac)) for the rush darter, 164 rkm (102 rmi) for the yellowcheek darter, 32 rkm (20 rmi) for the Chucky madtom, and 42 rkm (26 rmi) for the laurel dace. The effect of this regulation is to conserve the five species' habitat under the Endangered Species Act.

We, the Fish and Wildlife Service (Service), have received an application from Primax Properties, LLC (applicant), for an incidental take permit (ITP). The applicant requests a 5-year ITP under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application (TE83714A-0) and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies as low-effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statement and low- effect screening form, which are also available for review.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, on November 14, 2012.

The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) to continue the collection of information from applicants for a land patent under the Color-of-Title Act. The Office of Management and Budget (OMB) previously approved this information collection activity, and assigned it control number 1004-0029.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, on November 14, 2012.

The National Park Service proposes to designate the Sleeping Bear Heritage Trail currently under construction within Sleeping Bear Dunes National Lakeshore as a route for bicycle use. The approximately 27-mile-long trail will generally parallel major state highways and offer visitors safe, non-motorized access to the park. National Park Service general regulations require promulgation of a special regulation to designate routes for bicycle use outside developed areas or off park roads.

We (the U.S. Geological Survey) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. To comply with the Paperwork Reduction Act of 1995 (PRA) and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This collection is scheduled to expire on January 31, 2013.

The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) to continue the collection of information from applicants for land for recreation or public purposes. The Office of Management and Budget (OMB) previously approved this information collection activity, and assigned it control number 1004-0012.

This notice sets forth the date of the November 3, 2012, meeting of the Flight 93 Advisory Commission.

The National Park Service (NPS) announces the availability of a Draft Environmental Impact Statement (DEIS) for the Herring River Restoration Project in Cape Cod National Seashore, Massachusetts. The DEIS provides a systematic analysis of alternative approaches to restore the Herring River estuary to a more productive and natural condition after a century of diking and draining.

The Washington State Parks and Recreation Commission has completed an inventory of human remains, in consultation with the appropriate Indian tribes, and has determined that there is a cultural affiliation between the human remains and a present-day Indian tribe. Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains may contact the Washington State Parks and Recreation Commission. Repatriation of the human remains to the Indian tribe stated below may occur if no additional claimants come forward.

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM), Pecos District Resource Advisory Council (RAC), will meet as indicated below.

Indian Affairs will conduct two informational sessions and four leader-to-leader sessions with Indian tribes to obtain oral and written comments concerning preparation of the 2013 American Indian Population and Labor Force Report.

We, the U.S. Fish and Wildlife Service, propose to list the Taylor's checkerspot butterfly as an endangered species, and to list the streaked horned lark as a threatened species under the Endangered Species Act of 1973, as amended (Act). We additionally propose to designate critical habitat for these species. These determinations fulfill our obligations under a settlement agreement. These are proposed regulations, and if finalized, the effect of these regulations will be to add these species to the List of Endangered and Threatened Wildlife and to designate critical habitat under the Endangered Species Act.

We, the U.S. Fish and Wildlife Service (we, the Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (CCP/EA) for Patuxent Research Refuge (Patuxent RR), located in Prince George's and Anne Arundel Counties, Maryland, for public review and comment. The draft CCP/EA describes our proposal for managing the refuge for the next 15 years. Also available for public review and comment are the draft findings of appropriateness and draft compatibility determinations for uses to be allowed upon initial completion of the plan, if alternative B is selected. These are included as appendix C in the draft CCP/EA.

Pursuant to the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the National Park Service (NPS) and the Federal Highway Administration (FHWA), in cooperation with San Juan County, Washington and the Washington State Department of Natural Resources, have prepared a Final Environmental Impact Statement (Final EIS) for alternatives designed to respond to coastal bluff erosion that threatens a segment of the Cattle Point Road located in San Juan Island National Historical Park (Park), Washington. The Final EIS identifies and analyzes three action alternatives for realignment of the road through the park for use by residents and visitors traveling to the east end of the Cattle Point peninsula. The potential environmental consequences of these alternatives (and a no-action alternative which would continue current road management), and appropriate measures to minimize or avoid harm, are identified and analyzed. Background: A 500-foot long segment of the Cattle Point Road, which terminates on the southeastern tip of San Juan Island, is threatened by coastal erosion at the base of the slope traversed by the road. This road passes through the Park and serves residences on a peninsular area of the island known as Cattle Point, as well as providing public access to the Cattle Point Natural Resource Conservation Area, managed by the Washington Department of Natural Resources (DNR). If erosion continues unabated, the roadway eventually may fail, disrupting vehicular access to these areas. The road is currently maintained by San Juan County (County); the project area of potential effect is primarily within the Park. The entire Park is listed on the National Register of Historic Places as a National Historic Landmark. A Notice of Intent to begin the conservation planning and environmental impact analysis for the project was published in the Federal Register on February 6, 2004. Public engagement was initiated through a newsletter and news release, followed by two public meetings held February 18, 2004, on San Juan Island. Project team members presented information and gathered feedback and ideas on preliminary alternatives and potential environmental issues. Approximately 30 public comments were received during the scoping period ending March 19, 2004. A Scoping Report was prepared which described the range of potential alternatives identified for more detailed analysis, as well as alternatives dismissed from further consideration (including armoring the base of the slope in lieu of road realignment options). The Scoping Report included comments and agency responses as appendices. On June 17, 2004, the Scoping Report was issued, and a notice posted on the Park Web site announced availability of the document. Throughout 2005-2006 newsletters and press releases summarizing progress on preparation of the EIS were distributed, and the County and other agencies were periodically updated. The Washington State Historic Preservation Officer provided concurrence with a determination of No Adverse Effect on June 23, 2009. The Notice of Availability of the Draft EIS was published in the Federal Register on September 7, 2010. Public engagement was initiated through wide distribution of a newsletter. An article regarding pending release of the Draft EIS was published September 1, 2010, in the Journal of the San Juan Islands. A public open house was hosted by the Park in the town of Friday Harbor on October 26, 2010 (approximately three dozen persons attended). During the 60 day public comment period, 40 comment letters were received (23 by mail and 17 were submitted at the open house); of this total, seven were from agencies and organizations, and the remainder were received from individuals. No substantially new information was received. Proposal and Alternatives: Alternative A: No ActionThe existing use, maintenance, and management associated with the road would continue without change. This alternative provides a baseline of current conditions to aid comparison and analysis of the action alternatives. Unless current management changes, erosion eventually could cause the road to fail, disrupting vehicular access to residential properties in the Cattle Point Estates and Cape San Juan neighborhoods and to public lands east of the eroding bluff. Since measurements began in 2002, erosion has moved approximately 14 feet closer to the guard rail and is currently 32 feet from the guard rail at its closest point. The continued life span of the road is difficult to predict, however large storm events could potentially make the road unsafe in a few years. Life expectancy (relative to coastal erosion) of each of the three action alternatives is estimated at approximately 100 years. Alternative C: Long Tunnel on Minor Realignment involves a short realignment (2,830 feet) relatively low on the slope of Mt. Finlayson. Sixteen hundred feet of the realignment would be within a bored tunnel. Maximum slope would be 7% gradient. Alternative D: Mid-Slope Alignment with Short Tunnel involves mid-slope realignment to the north of the existing road, utilizing a short tunnel near the ridge line of Mt. Finlayson. Realignment length would be 4,700 feet, 775 feet of which would be within the tunnel. Maximum slope would be 8% gradient. The ``agency preferred'' alternative is Alternative B: Hybrid Mid- Slope Realignment. This involves mid-slope realignment to the north of the existing road, traversing the south-facing slope of Mt. Finlayson. At its highest point, this alignment curves slightly south of the Mt. Finlayson summit. The approximately 4,950 foot long realignment would be entirely on the surface (no tunnel), with a short slope of 10.5% gradient on the eastern end. This also is deemed to be the ``environmentally preferred'' course of action. Not sooner than 30 days after publication by the Environmental Protection Agency of its notice of filing of the Final EIS in the Federal Register, a Record of Decision will be prepared. Because this is a delegated EIS, the official responsible for the NPS decision is the Regional Director, Pacific West Region. Subsequently the official responsible for implementation of the approved road relocation project is the Superintendent, San Juan Island National Historical Park.

Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from CEP-M Purchase, LLC, for competitive oil and gas lease WYW159617 for land in Campbell County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.