Rules and Regulations. Notice of availability

6,534 words·~30 min read·/register/2006/03/03/06-1982

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6560-50-P 71 42 Friday, March 3, 2006 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request February 28, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)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;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax

(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling

(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. National Agricultural Statistics Service *Title:* Stocks Reports. *OMB Control Number:* 0535-0007. *Summary of Collection:* The primary function of the National Agricultural Statistics Service

(NASS)is to prepare and issue current official State and national estimates of crop and livestock production. As part of this function, estimates are made for stocks of grain and including rice, oilseeds, potatoes, peanuts, hops, and dry beans. Grain and oilseed stocks in all positions are estimated quarterly. Grain stock estimates are one of the most important NASS estimates, which are watched closely by growers and industry groups. General authority for data collection is granted under U.S. Code Title 7, section 2204. The Hop Growers of America provides the data collection for much of the production information because of sensitivity issues an impartial third party, NASS, collects stocks and price information. *Need and Use of the Information:* NASS collects information to administer farm program legislation and make decisions relative to the export-import programs. Estimates of stocks provide essential statistics on supplies and contribute to orderly marketing. Farmers and agribusiness firms use these estimates in their production and marketing decisions. Collecting this information less frequently would eliminate data needed by government, industry and farmers to keep abreast of changes at the State and national level. *Description of Respondents:* Business or other for profit; Farms. *Number of Respondents:* 12,661. *Frequency of Responses:* Reporting: Monthly; Quarterly; Semi-annually; Annually. *Total Burden Hours:* 14,388. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-3046 Filed 3-2-06; 8:45 am] BILLING CODE 3410-20-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request February 28, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)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;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Cooperative State Research, Education, and Extension Service *Title:* Cooperative State Research, Education, and Extension Application Kit for Research and Extension Programs. *OMB Control Number:* 0524-0039. *Summary of Collection:* The United States Department of Agriculture (USDA), Cooperative State Research, Education, and Extension Service (CSREES) administers several competitive, peer-reviewed research and extension programs, under which awards of a high-priority nature are made. These programs are authorized pursuant to the authorities contained in the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3101), the Smith-Lever Act, and a variety of other legislative authorities. Before awards can be awarded, certain information is required from applicants as part of an overall package. Because the proposals submitted are competitive in nature and necessitate review by peer panelists, it is particularly important that applicants provide the information in a standardized fashion to ensure equitable treatment for all. CSREES will collect information using several forms. *Need and Use of the Information:* The fundamental purpose of the information requested is for USDA proposal evaluation, award, management, reporting, and recordkeeping, as part of the overall administration of the research, education, and extension programs administered by CSREES. CSREES will collect the following information: Program Summary and Narrative, Credentials, Budget, Identification of Conflicts of Interest, and Collect of Environmental Impact Information. The information will be used to respond to inquiries from Congress, other governmental agencies, and the grantee community. *Description of Respondents:* Not-for-profit institutions; Business or other for-profit; Individuals or household; Federal Government; State, local or tribal government. *Number of Respondents:* 9,450. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 53,776. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-3047 Filed 3-2-06; 8:45 am] BILLING CODE 3410-09-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2005-0117] National Animal Identification System (NAIS); Administration of Official Identification Devices With the Animal Identification Number AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice of availability. SUMMARY: This notice makes available a document describing how an animal identification number

(AIN)may be used in conjunction with official identification devices in the National Animal Identification System (NAIS). The document includes performance and printing requirements for visual identification tags with AINs and provides an explanation of the process by which these AIN tags will be authorized for use in the NAIS. Performance standards for radio frequency identification tags or devices that may be used on cattle or bison to supplement visual AIN tags are also presented. Finally, the document describes the AIN Management System, a Web-based system for distributing and administering AINs in the NAIS, and discusses the roles and responsibilities of key participants in the system. FOR FURTHER INFORMATION CONTACT: Mr. Neil Hammerschmidt, NAIS Coordinator, Eradication and Surveillance Team, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737-1231;

(301)734-5571. SUPPLEMENTARY INFORMATION: Background As part of ongoing efforts to safeguard animal health, the U.S. Department of Agriculture

(USDA)initiated implementation of the National Animal Identification System

(NAIS)in 2004. The NAIS is a cooperative State-Federal-industry program administered by USDA's Animal and Plant Health Inspection Service (APHIS). Its long-term goal is to track all animal movements, from birth to harvest, as part of USDA's National Animal Health Monitoring and Surveillance Program. In order to facilitate the implementation of the NAIS, on November 8, 2004, we published in the **Federal Register** (69 FR 64644-64651, Docket No. 04-052-1) an interim rule that, among other things, amended the regulations to recognize additional numbering systems for the identification of animals in interstate commerce and State/Federal/industry cooperative disease control and eradication programs and to redefine the numbering system used to identify premises where animals are managed or held. Specifically, the interim rule recognized the animal identification number

(AIN)as an official numbering system for the identification of individual animals, the group/lot identification number

(GIN)for the identification of groups or lots of animals within the same production system, and the seven-character premises identification number

(PIN)for the identification of premises in the NAIS. Use of the new numbering systems was not, however, required as a result of the interim rule. Finally, the interim rule amended the regulations to prohibit the removal of official identification devices and to eliminate potential regulatory obstacles to the recognition of emerging technologies that could offer viable alternatives to existing animal identification devices and methods. In May 2005, we made available for public review and comment a Draft Strategic Plan and a Draft Program Standards document (70 FR 29269-29270, Docket No. 05-015-2, May 20, 2005). The Draft Strategic Plan described the process of developing the NAIS, in particular the timeline for full implementation, while the Draft Program Standards document presented our view of how the system would work when fully implemented. The current document, entitled “Administration of Official Identification Devices with the Animal Identification Number,” expands upon certain aspects of the NAIS that were presented in the Draft Program Standards. Specifically, we describe the use of the AIN in conjunction with official identification devices in the NAIS; present performance and printing requirements for visual AIN tags and explain the process by which these tags will be authorized for use in the NAIS; and provide performance standards for radio frequency identification

(RFID)tags or devices that may be attached to cattle or bison to supplement visual AIN tags. We also describe the AIN Management System, a Web-based system for distributing and administering AINs in the NAIS, and discuss the roles and responsibilities of key participants in the system. For producers who choose to participate in the NAIS, tags (generally eartags) imprinted with AINs will be an option for use with certain species, such as cattle, when visual, unique, individual official animal identification is necessary. These AIN tags will have to satisfy the requirements currently contained in the Code of Federal Regulations

(CFR)for tags used for the identification of animals. For example, eartags imprinted with AINs will have to meet the criteria for recognition as official eartags in 9 CFR 71.1, including requirements that the eartags be tamper resistant and have a high retention rate in the animal. The document that we are now making available contains additional standards for AIN tag security (the tags must be tamper evident, i.e., impossible to remove and reapply without visual evidence of tampering), durability, readability, and printing characteristics. The document also describes the process by which APHIS will authorize AIN tags for use in the NAIS. During the initial, voluntary phase of the NAIS, AIN tags that meet USDA standards for AIN tags will qualify for “USDA Approval Pending” status. When the NAIS becomes fully operational, more complete testing and evaluation procedures and an approval process for official identification devices will be available. At such time, a designation of “USDA Approved” will be established. APHIS will reserve the right to evaluate identification devices independently, using resources within the Agency or through contractual services with universities or private research firms, to verify compliance with tag specifications, either before or following issuance of USDA Approval Pending or USDA Approved status. Official identification devices may lose their USDA Approval Pending or USDA Approved status at any time if APHIS determines that the devices are substandard. In addition to the visual AIN tags described above, which will be the official identifiers in the NAIS for certain species, producers may elect to incorporate supplemental identification methods or technologies. These supplemental technologies or methods may vary among species. Cattle are a priority in the initial rollout of the NAIS. RFID devices appear, at this point, to be the preferred technology among cattle producers for use as a supplemental identification method. The document that we are now making available to the public contains standards for RFID AIN tags. These standards cover ISO compliance, electronic read rates and ranges, expected tag life, transponder security, and transponder failure rates. As noted in the NAIS Draft Program Standards document, a key component of the NAIS is the AIN Management System. The AIN Management System is a Web-based system for distributing and administering AINs in the NAIS. Under the AIN Management System, AINs are allocated to companies that manufacture official identification devices or technologies. Other individuals and organizations may perform such roles as distributing these devices and technologies to producers, educating producers on their use, and maintaining records of AIN allocations. The current document offers a more comprehensive description of the AIN Management System than did the Draft Program Standards, focusing, in particular, on the roles and responsibilities of key participants in the system. These key participants will include AIN tag manufacturers, AIN tag managers, and AIN tag resellers. AIN tag manufacturers are companies that will be authorized by APHIS to manufacture approved identification devices. In order to be recognized as an AIN tag manufacturer, a company will have to enter into an AIN tag manufacturer agreement with APHIS and a marketing agreement with one or more tag managers and complete a training program provided by APHIS. AIN tag manufacturers will be responsible for the overall production and quality of AIN tags. They may only produce AIN tags with the AINs that have been allocated to them by APHIS and will have to maintain records of the tags that they distribute. AIN tag manufacturers may also be AIN tag managers. AIN tag managers are individuals, organizations, or companies that will provide AIN tags to other AIN tag managers or resellers or directly to premises. In addition to distributing AIN tags, other responsibilities of the AIN tag manager will include validating the PINs of premises that are to receive the tags; maintaining records of tags received from manufacturers and distributed to premises, other managers, or resellers; submitting these records to the AIN Management System; and educating customers on the proper use of official identification devices. In order to be recognized as an AIN tag manager, the individual or entity will be required to agree to certain terms and conditions set forth by APHIS, which include the completion of a training program provided by APHIS, and to enter into a marketing agreement with an AIN tag manufacturer. AIN tag resellers will perform the same functions as AIN tag managers, but will receive their AIN tags from AIN tag managers rather than directly from manufacturers. In order to be recognized by APHIS as an AIN tag reseller, the individual or entity will have to enter into a marketing agreement with an AIN tag manager and agree to APHIS' terms and conditions, which include the successful completion of a training program provided by APHIS. The document regarding the administration of official identification devices employing the AIN may be viewed on the Internet at *http://www.usda.gov/nais* or on the Regulations.gov Web page. 1 You may request paper copies of the document by calling or writing to the person listed under FOR FURTHER INFORMATION CONTACT. Please refer to the title of the document (“Administration of Official Identification Devices with the Animal Identification Number”) when requesting copies. 1 Go to *http://www.regulations.gov,* click on the “Advanced Search” tab and select “Docket Search.” In the Docket ID field, enter APHIS-2005-0117 then click on “Submit.” The document described in this notice will appear in the resulting list of documents. Done in Washington, DC, this 27th day of February 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-3036 Filed 3-2-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Request for Comment; Recreation Fee Administration AGENCY: Forest Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with revision of information collection for the administration of recreation fees on National Forest System lands. The information provides for consistent collection of fees for use of government facilities and services. Respondents will include individuals. DATES: Comments must be received in writing on or before May 2, 2006 to be assured of consideration. Comments received after that date will be considered to the extent practicable. ADDRESSES: Comments concerning this notice should be addressed to Jennifer Eberlien, Recreation Staff, Mailstop 1125, USDA, Forest Service 1400 Independence Avenue, SW., Washington, DC 20250-1125. Comments also may be submitted via facsimile to Jennifer Eberlien

(202)205-1145 or by e-mail to: *recreation2300@fs.fed.us.* If comments are sent by e-mail or facsimile, the public is requested not to send duplicate comments via mail. Please confine comments to issues pertinent to the proposed extension with revisions of the currently approved information collection, explain the reasons for any recommended changes, and where possible, reference the specific item being addressed. The public may inspect comments received in the Office of the Director, Recreation and Heritage Staff, 4th Floor South, Sidney R. Yates Federal Building, 14th and Independence Avenue, SW., Washington, DC 20024 on business days between the hours of 8:30 a.m. and 4 p.m. Visitors are encouraged to call ahead to

(202)205-1169 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Jennifer Eberlien, Recreation and Heritage Staff, at

(202)205-1169. Individuals who use telecommunication devices for the deaf

(TDD)may call the Federal Relay Service

(FRS)at 1-800-877-8339, 24 hours a day, every day of the year, including holidays. SUPPLEMENTARY INFORMATION: *Title:* Recreation Fee Administration. *OMB Number:* 0596-0106. *Expiration Date of Approval:* July 1, 2006. *Type of Request:* Extension with Revision. *Abstract:* The Federal Lands Recreation and Enhancement Act (16 U.S.C. 6801-6814) authorizes the Forest Service to collect recreation fees for use of government facilities and services. Two categories of information are collected through two forms. The first, FS-2300-26, Recreation Fee Envelope, is a form used to document when visitors pay a required recreation fee. The second, FS-2300-43, The Rules of Occupancy for Short-term, Non-Commercial Use of Government Facilities, is used to schedule requests for use and occupancy of government owned facilities. Previously designated as FS-2700-3e under 0596-0082, the Forest Service proposes to redesignate this form under 0596-0106 as FS-2300-43. Currently, the information collected for FS-2300-26 includes a visitor's vehicle license number and registered state, Golden Passport Number (if applicable), number of days paid, and dollar amount enclosed. The Forest Service is not proposing to change this information. This information is used to ensure that visitors have paid a required recreation fee. Currently, the information collected for FS-2300-43 includes a renter's contact information such as name, address, and phone number. The information will be collected when the visitor is paying the recreation fee or when a person is applying for rental of a government owned facility. The Forest Service is proposing to change only the number of the form. The information will be collected by Federal employees and agents who are authorized to collect the recreation fees or rent government facilities. A national forest may use zip codes to help determine where the national forest's visitor base originates. Personal information such as names, addresses, and vehicle registration will not be maintained. Collecting this information is important to ensure that the national forests are able to evaluate whether a visitor has paid a required recreation fee and to rent a government owned facility. If unable to collect this information, national forests would not be able to verify who has paid a recreation fee. National forests would not be able to schedule and rent government-owned facilities to the public successfully. *Estimate of Annual Burden:*

(1)FS-2300-26 estimated 3 minutes;

(2)FS-2300-43 estimated 15 minutes. *Type of Respondents:* Individuals. *Estimated Annual Number of Respondents:* FS-2300-26 estimated 2 million. FS-2300-43 estimated 10,000. *Estimated Annual Number of Responses per Respondent:* FS-2300-26—1; FS-2300-43—1 *Estimated Total Annual Burden on Respondents:* FS-2300-26—1,666 hours; FS-2300-43—42 hours. Comment is invited on:

(1)Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the agency, including whether the information will have practical or scientific utility;

(2)the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(208)387-5607 or by e-mail to: *rhanks@fs.fed.us.* The public may inspect comments received at the National Safety Office, National Interagency Fire Center, Forest Service, USDA, 3833 Development Avenue, Boise, ID, from 8 a.m. to 4:30 p.m. Monday through Friday m.d.t. Visitors are encouraged to call ahead to

(208)387-5607 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Ron Hanks, Forest Service National Aviation Safety and Training Officer, at

(208)387-5607. Individuals who use telecommunication devices for the deaf

(TDD)may call the Federal Relay Service

(FRS)at 1-800-877-8339, 24 hours a day, every day of the year, including holidays. SUPPLEMENTARY INFORMATION: *Title:* Health Screening Questionnaire. *OMB Number:* 0596-0164. *Expiration Date of Approval:* June 30, 2006. *Type of Request:* Extension with Revision. *Abstract:* The Protection Act of 1922 (16 U.S.C. 594) authorizes the Forest Service to fight fires on National Forest System lands. The individuals that perform firefighter jobs are subjected to strenuous working conditions requiring long hours of arduous labor. It is imperative they be in peak physical condition to avoid injury to themselves or their coworkers. Current or prospective firefighters must complete the Health Screening Questionnaire

(HSQ)when seeking employment as a new firefighter with the Forest Service or seeking recertification as a firefighter. The information collected pertains to an individual's health status and health history in an effort to determine if any physical conditions exist or have developed that might result in injury or death during fitness testing or when fighting a wildfire. Forest Service employees will evaluate the collected information to determine if the individual seeking certification or recertification may begin a fitness program to train for the arduous level “Pack Test” of the Work Capacity Tests. If Forest Service employees determine, based on the collected information, that an individual may not be physically able to train for the arduous level of the Work Capacity Test, the agency will require the individual to undergo a physical examination from a physician. Information collected will be evaluated by a human resource specialist within the specific unit office to ensure that individuals applying for a position or seeking recertification meet the fitness requirements of the position. Forest Service employees will collect general information about the current health of the individual such as height, weight, current level of fitness activity, previous serious health injuries, diseases, or heart conditions, and special current conditions such as allergies and diabetes. The form will be revised to exclude the words “or over the counter” from the second item under “Section A” under subhead “Other Health Issues.” We make this change because prescription medications indicate a condition being treated by a physician, and therefore, represent an indication of the individual's health. Individuals determined in sufficient health will be asked to complete the “Work Capacity Tests,” which would include testing the level of an individual's aerobic fitness, level of muscular strength, and muscle endurance. Failure to collect this data will result in a higher number of unwanted injuries, or even deaths, during the “Work Capacity Test” and while working on wildland fires. If the data is not collected annually, there will be no way to determine if an individual's condition has changed since the previous year. The information provided by an individual will be placed in the person's Official Employee Medical File and any release of the information will be in accordance with the Privacy Act (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552). Data gathered in this information collection is not available from other sources. *Estimate of Annual Burden:* 5 Minutes. *Type of Respondents:* Current employees requesting certification or recertification as a firefighter (Incident Qualifications and Certification Card) and applicants seeking Forest Service firefighter positions. *Estimated Annual Number of Respondents:* 15,000. *Estimated Annual Number of Responses per Respondents:* 1. *Estimated Total Annual Burden on Respondents:* 1,250 hours. Comment Is Invited Comment is invited on:

(1)Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the agencies, including whether the information will have practical or scientific utility;

(2)the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for Office of Management and Budget approval. Dated: February 17, 2006. Robin L. Thompson, Associate Deputy Chief, S&PF. [FR Doc. E6-3080 Filed 3-2-06; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Nez Perce National Forest; Idaho County, ID; Meadow Face Stewardship Pilot Project AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare a supplemental environmental impact statement. (Authority: 40 CFR 1502.9) SUMMARY: The Forest Service will prepare a supplemental environmental impact statement (“SEIS”) for the Meadow Face Stewardship Pilot Project on the Nez Perce National Forest, Clearwater Ranger District, in Idaho County, Idaho, for the purpose of completing the cumulative effects analysis referred to in United States District Court Judge Edward J. Lodge's March 31, 2005 unpublished order in *Friends of the Clearwater* v. *Lohn,* Case No. CV04-384-C-EJL (D. Idaho). The court in that case issued a preliminary injunction against further timber harvesting under the Meadow Face Project until the Forest Service complies with the requirements for a cumulative effects analysis under the National Environmental Policy Act (“NEPA”). The court stated, quoting *Lands Council* v. *Powell,* 395 F.3d 1019 (9th Cir. 2005), that the final environmental impact statement (“FEIS”) for the Meadow Face Project “should have provided adequate data of time, type, place and scale of past timber harvest and should have explained in sufficient detail how different project plans and harvest methods affected the environment.” *Friends of the Clearwater,* unpub. ord. at 31 (quoting *Lands Council,* 395 F.3d 1019 at 1028). Regarding the FEIS's analysis of cumulative effects from grazing, the court stated as follows: The Forest Service's analysis of grazing * * * does not specifically describe the history of grazing in the Project Area, *i.e.,* by providing a catalog of where, and how much, grazing has occurred in the Watershed, or where and the extent to which it is occurring now. The agency's failure to provide adequate data of time, type, place and scale of past, present and reasonably foreseeable grazing activities in the Project Area precludes the public and the decision maker from having necessary information to evaluate the alternatives presented in the FEIS. *Id.* at 32. The Forest Service hereby gives notice that it will prepare a SEIS in response to the court's preliminary injunction order. DATES: Comments concerning the cumulative effects analysis must be received by April 17, 2006. ADDRESSES: Send written comments to Darcy Pederson, District Ranger, 1005 Highway 13, Grangeville, ID 83530, Attn: Meadow Face Stewardship. FOR FURTHER INFORMATION CONTACT: David Harper, Interdisciplinary Team Leader, Clearwater Ranger District, at the address above, or via telephone at

(208)983-1963. SUPPLEMENTARY INFORMATION: The Meadow Face Stewardship Pilot Project was initially scoped on August 15, 2000. The Notice of Intent to prepare the EIS was published in the **Federal Register** , 66 FR 13700, on March 7, 2001. The Draft EIS was sent out for a 45-day comment period in April of 2001. The Notice of Availability for the Draft EIS was published in the **Federal Register,** 66 FR 37956, on July 20, 2001. A Notice of Availability for the Final EIS was published in the **Federal Register,** 67 FR 40923, on June 7, 2002. The Record of Decision (“ROD”) was signed by the Nez Perce National Forest Supervisor on February 11, 2003. The supervisor selected Alternative 4B as displayed in the FEIS, with some modifications described on page 12 of the ROD, for implementation. On June 14, 2004, several environmental groups (led by Friends of the Clearwater out of Moscow, Idaho) filed a lawsuit against D. Robert Lohn (National Oceanic and Atmospheric Administration); William T. Hogarth (National Oceanic and Atmospheric Administration); the National Oceanic and Atmospheric Administration; Donald L. Evans (Secretary of the Department of Commerce); Gail Kimbell (Northern Regional Forester, USDA Forest Service); Ann N. Veneman (Secretary of the Department of Agriculture); and the United States Forest Service; Plaintiffs include Friends of the Clearwater, Alliance for the Wild Rockies, Idaho Sporting Congress, and the Ecology Center. Plaintiffs sought a preliminary injunction against the Meadow Face Project, and on March 31, 2005, the court issued an order enjoining “further timber harvesting * * * until the Forest Service complies with the requisite NEPA cumulative effects analysis.” *Friends of the Clearwater,* unpub. ord. at 57. Purpose and Need for Action The Final Environmental Impact Statement (February 2002) provided a detailed description of the purpose and need for action. It was noted that the existing condition of aquatic and soil resources and vegetation in the analysis area does not meet the desired condition and/or departs from the historic range. The project was proposed to begin remediation of the effects of past actions, and to return various resource conditions to within the historic range of variability. The purpose and need for action from the Final Environmental Impact Statement (February 2002) remains unchanged. The purpose for preparing the proposed SEIS is to complete the cumulative effects analysis referred to by the court in *Friends of the Clearwater.* Proposed Action The FEIS (February 2002) and ROD (February 2003) provided a detailed description of the original proposed action (Alternative 2). Alternative 2 focused on activities that would improve aquatic and vegetative elements of the analysis area. The proposal was formulated to address conditions and changes needed to achieve the desired conditions and specific goals and objectives described in the Nez Perce Forest Plan. With the record of decision of February 11, 2003, the Nez Perce National Forest Supervisor selected Alternative 4B as displayed in the FEIS, with some modifications for implementation. The decision included the following activities: Maintain 102 miles of road (12.5 deferred maintenance), construct 12 miles of temporary road, decommission 91 miles of road, convert 5 miles of road to trail, construct 0.1 mile of new OHV trail, maintain dispersed campsites where roads are decommissioned, rehabilitate about 3 miles of stream, harvest timber on up to 3,735 acres, prescribe burn 7,100 acres, replace 45 culverts, apply dust abatement to 5 miles of road, treat 200 acres of existing noxious weeds, restore native plant species in McComas Meadows, restore 550 acres of compacted soils, stabilize the Meadow Creek Slide, and install improvements at McComas/Blacktail Junction, Camp 58, and Quartz Ridge dispersed recreation sites. Additionally, the Forest Supervisor decided to make three site specific amendments to the Nez Perce Forest Plan. A portion of the timber harvest covered by the Record of Decision (Yew Rock Timber Sale) commenced on March 26, 2004 and was ordered to be ceased following the court's preliminary injunction order of March 31, 2005. To date, the following activities have been implemented in the Environmental Impact Statement project area: replacement of two culverts, stabilization of three sites along an irrigation ditch, decommissioning of 23 miles of road, treatment of noxious weed on 141 acres, maintenance of 34 miles of road, development of one rock source, timber harvest on 730 acres, and construction of 8.6 miles of temporary road. Responsible Official The responsible official for this project is Jane Cottrell, the Nez Perce National Forest Supervisor. Comments regarding the cumulative effects analysis for this project should be sent to the address and contacts identified above and should be submitted within 45-days of publication of this notice in the **Federal Register** . A Draft Supplemental Environmental Impact Statement

(SEIS)is expected to be available by late May 2006 and the Final SEIS is expected in late summer 2006. Nature of Decision To Be Made The Forest Supervisor will decide whether to continue implementation of Alternative 4B, as planned, or whether to modify or terminate implementation of the alternative in light of the revised cumulative effect analysis. Scoping Process The U.S. Forest Service uses the scoping process required by the National Environmental Policy Act

(NEPA)for all major Federal actions. NEPA requires a systematic, interdisciplinary approach to ensure integrated application of the natural and social sciences and the environmental design arts in any planning and decision-making that affects the human environment (42 U.S.C. 4332(2)(A)). Recently, the Council on Environmental Quality issued guidance on the preparation of cumulative effects analyses. Memorandum from James L. Connaughton, Chairman, Council on Environmental Quality, to Heads of Federal Agencies (June 24, 2005). To determine what information is necessary for a cumulative effects analysis, the CEQ Guidance recommends agencies use scoping to determine the extent to which information is “relevant to reasonably foreseeable significant adverse impacts,” is “essential to a reasoned choice among alternatives,” and can be obtained without exorbitant cost. *Id.* (quoting 40 CFR 1502.22). Based on scoping, agencies have discretion to determine whether, and to what extent, information about the specific nature, design, or present effects of a past action is useful for the agency's analysis of the effects of a proposal for agency action and its reasonable alternatives. *Id.* The CEQ Guidance further states agencies “should be guided in their cumulative effects analysis by the scoping process, in which agencies identify the scope and ‘significant’ issues to be addressed in an environmental impact statement.” *Id.* at 2 (quoting 40 CFR 1500.1(b), 1500.4(g), 1501.7, 1508.25). “With respect to past actions, during the scoping process and subsequent preparation of the analysis, the agency must determine what information regarding past actions is useful and relevant to the required analysis of cumulative effects.” *Id.* at 3. Comment Requested This notice of intent initiates the scoping process which guides the development of the supplemental environmental impact statement. Comments regarding the revised cumulative effects analysis will be accepted for 45 days after this notification in the **Federal Register** . These comments will help the Forest Service determine the scope of the requisite cumulative effects analysis, and what information regarding past actions is useful and relevant. Send written comments to Darcy Pederson, District Ranger, 1005 Highway 13, Grangeville, Idaho 83530, Attn: Meadow Face Stewardship. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft supplemental environmental impact statement will be prepared after consideration of responses to this scoping and completion of the requisite cumulative effects analysis. The comment period on the draft supplemental environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . It is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of the draft supplemental environmental impact statement must structure their comments so they are meaningful and alert the agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC* , 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft supplemental environmental impact statement stage, but that are not raised until after completion of the final supplemental environmental impact statement, may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). It is very important that those interested in the cumulative effects analysis for the Meadow Face Stewardship Pilot Project participate by the close of the 45-day comment period on the draft supplemental environmental impact statement so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final supplemental environmental impact statement. To assist the Forest Service in completing the final supplemental environmental impact statement, comments on the draft supplemental environmental impact statement will need to be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft 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. Comments received in response to this scoping notice as well as comments received on the subsequent Supplemental Environmental Impact Statement, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: February 10, 2006. Jane L. Cottrell, Forest Supervisor. [FR Doc. 06-1982 Filed 3-2-06; 8:45 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code

12 references not yet in our index