Notices. Notice of proposed rulemaking

4,740 words·~22 min read·/register/2006/08/11/06-6845

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

BILLING CODE 5001-06-M DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD01-06-026] RIN 1625-AA01 Anchorage Regulations; Falmouth, ME, Casco Bay AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to amend the existing special anchorage area in Falmouth, Maine, on Casco Bay. This proposed action is necessary to facilitate safe navigation and provide a safe and secure anchorage for vessels of not more than 65 feet in length.

This action is intended to increase the safety of life and property on Casco Bay, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce. DATES: Comments and related material must reach the Coast Guard on or before October 10, 2006. ADDRESSES: You may mail comments and related material to Commander

(dpw)(CGD01-06-026), First Coast Guard District, 408 Atlantic Ave., Boston, Massachusetts 02110, or deliver them to room 628 at the same address between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at room 628, First Coast Guard District Boston, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (dpw), First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, Telephone

(617)223-8355 or e-mail at *John.J.Mauro@uscg.mil.* SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD01-06-026), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the Waterways Management Branch at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the **Federal Register** . Background and Purpose The rule is intended to reduce the risk of vessel collisions by enlarging the current special anchorage area in Falmouth, Maine, by an additional 206 acres. The proposed rule would expand the existing special anchorage, described in 33 CFR 110.5(d), to allow anchorage for approximately 150 additional vessels. When at anchor in any special anchorage, vessels not more than 65 feet in length need not carry or exhibit the white anchor lights required by the Navigation Rules. In developing this proposed rule, the Coast Guard has consulted with the Army Corps of Engineers, Northeast, located at 696 Virginia Rd., Concord, MA 01742. Discussion of Proposed Rule The proposed rule would amend the existing special anchorage located at the Town of Falmouth, Maine, on Casco Bay. The Mussel Cove and adjacent waters at Falmouth Foreside, Falmouth special anchorage would include all waters of Casco Bay enclosed by a line beginning at the Dock House (F.S.) located at latitude 43°44′22″ N, longitude 70°11′41″ W; thence to latitude 43°44′19″ N, longitude 70°11′33″ W; thence to latitude 43°44′00″ N, longitude 70°11′44″ W; thence to latitude 43°43′37″ N, longitude 70°11′37″ W; thence to latitude 43°43′04″ N, longitude 70°12′13″ W; thence to latitude 43°41′56″ N, longitude 70°12′53″ W; thence to latitude 43°41′49″ N, longitude 70°13′05″ W; thence to latitude 43°42′11″ N, longitude 70°13′30″ W; thence along the shoreline to the point of beginning. All proposed coordinates are North American Datum 1983 (NAD 83). This special anchorage area would be limited to vessels no greater than 65 feet in length. Vessels not more than 65 feet in length are not required to sound signals as required by rule 35 of the Inland Navigation Rules (33 U.S.C. 2035) nor exhibit anchor lights or shapes required by rule 30 of the Inland Navigation Rules (33 U.S.C 2030) when at anchor in a special anchorage area. Additionally, mariners using the anchorage areas are encouraged to contact local and state authorities, such as the local harbormaster, to ensure compliance with any additional applicable state and local laws. Such laws may involve, for example, compliance with direction from the local harbormaster when placing or using moorings within the anchorage. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This finding is based on the fact that this proposal conforms to the changing needs of the Town of Falmouth, the changing needs of recreational, fishing and commercial vessels, and makes the best use of the available navigable water. This proposed special area, while in the interest of safe navigation and protection of the vessels moored at the Town of Falmouth, does not impede the passage of vessels intending to transit within Casco Bay. Thus, the special anchorage area will have a minimal economic impact. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of recreational or commercial vessels intending to transit in a portion of the Casco Bay in and around the anchorage area. However, this anchorage area would not have a significant economic impact on these entities for the following reasons: The proposed special area does not impede the passage of vessels intending to transit in and around Falmouth, which include both small recreational and large commercial vessels. Thus, the special anchorage area will not impede safe and efficient vessel transits on Casco Bay. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact John J. Mauro, Waterways Management Branch, First Coast Guard District Boston at

(617)223-8355 or e-mail at *John.J.Mauro@uscg.mil.* The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2-1, paragraph (34)(f), of the Instruction, from further environmental documentation. This rule fits the category selected from paragraph (34)(f) as it would expand a special anchorage area. A preliminary “Environmental Analysis Check List” is available in the docket where indicated under ADDRESSES . Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and 2071; 33 CFR 1.05-1(g); and Department of Homeland Security Delegation No. 0170.1. 2. Amend § 110.5, by revising paragraph

(d)to read as follows: § 110.5 Casco Bay, Maine.

(d)*Mussel Cove and adjacent waters at Falmouth Foreside, Falmouth.* All of the waters enclosed by a line beginning at the Dock House (F.S.) located at latitude 43°44′22″ N, longitude 70°11′41″ W; thence to latitude 43°44′19″ N, longitude 70°11′33″ W; thence to latitude 43°44′00″ N, longitude 70°11′44″ W; thence to latitude 43°43′37″ N, longitude 70°11′37″ W; thence to latitude 43°43′04″ N, longitude 70°12′13″ W; thence to latitude 43°41′56″ N, longitude 70°12′53″ W; thence to latitude 43°41′49″ N, longitude 70°13′05″ W; thence to latitude 43°42′11″ N, longitude 70°13′30″ W; thence along the shoreline to the point of beginning. DATUM: NAD 83. Note to paragraph (d). The area designed by paragraph

(g)of this section is reserved for yachts and other small recreational craft. Fore and aft moorings will be allowed in this area. Temporary floats or buoys for marking anchors or moorings in place will be allowed. Fixed mooring piles or stakes are prohibited. All moorings must be so placed so that no vessel when anchored is at any time extended into the thoroughfare. All anchoring in the area is under the supervision of the local harbor master or such other authority as may be designated by the authorities of the Town of Falmouth, Maine. Dated: July 31, 2006. Timothy S. Sullivan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. E6-13199 Filed 8-10-06; 8:45 am] BILLING CODE 4910-15-P 71 155 Friday, August 11, 2006 Notices DEPARTMENT OF AGRICULTURE Commodity Credit Corporation Warehouse Rates for Peanuts Pledged as Collateral for a Marketing Assistance Loan AGENCY: Commodity Credit Corporation, USDA. ACTION: Notice. SUMMARY: This notice advises warehouse operators operating under a Commodity Credit Corporation

(CCC)Peanut Storage Agreement of the storage and handling rates applicable to the 2006 crop of peanuts. EFFECTIVE DATE: August 11, 2006. FOR FURTHER INFORMATION CONTACT: Any questions about this notice may be directed to Mark Overbo, Deputy Director, Warehouse and Inventory Division, Farm Service Agency, USDA, STOP 0553, 1400 Independence Avenue, SW., Washington, DC 20250-0553. Telephone:

(202)720-4647. E-mail: *mark.overbo@wdc.usda.gov* . Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, *etc.* ) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: The marketing assistance loan program for peanuts was authorized by the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 *et seq.,* May 13, 2002) (“2002 Act”). Section 1307(a)(6) of the 2002 Act (7 U.S.C. 7957(a)(6)) requires CCC to pay storage, handling, and other associated costs for the 2002 through 2006 crops of peanuts that are pledged as collateral for marketing assistance loans. Further, CCC regulations governing the marketing assistance loan program at 7 CFR 1421.103 provide that, “* * * approved warehouse storage shall consist of a public warehouse for which a CCC storage agreement for the commodity is in effect that is approved by CCC for price support purposes.” Thus, for a warehouse with an approved Peanut Storage Agreement (Form CCC-22), CCC will pay for receiving, storing, and other charges. The Peanut Storage Agreement provides that the amounts payable by CCC will be at the rates stated in the Schedule of Rates (Form CCC-22-2) in effect when the services are performed, unless otherwise provided. In lieu of amending the Schedule of Rates CCC is issuing this notice to announce those rates that CCC will pay for storage, handling, and other associated costs for the 2006 crop of peanuts. Accordingly, the rates that CCC will pay for the 2006 crop of peanuts for those warehouses with an approved Peanut Storage Agreement are as follows: A. Receiving. CCC will pay $30.00 per ton receiving charges associated with warehouse-stored loans directly to the warehouse after the loan has been disbursed, plus the per ton initial grading and inspection fee as determined by the Federal State Inspection Service (FSIS). B. Initial Grading and Inspection. The per ton initial grading and inspection fees as determined by FSIS for the 2006 crop year are: $5.75 Alabama, $5.90 Florida, $5.20 Georgia, $7.00 Mississippi, $5.50 New Mexico, $6.75 North Carolina, $7.35 Oklahoma, $7.00 South Carolina, $5.00 Texas, and $7.95 Virginia. CCC will pay the warehouse the rate for the applicable State, based on the location of the buying point. C. Storage. Storage amounts may be earned at the rate of $.089 per ton per day, based on a monthly storage rate of $2.71 per ton. Accrued storage charges will be deducted from the CCC loan repayment amount. In the event peanuts are forfeited to CCC, storage charges will be paid by CCC through the loan maturity date for the quantity forfeited, from the later of the following:

(1)The date the peanuts are received or deposited in the warehouse;

(2)the date the storage charges start;

(3)the day following the date through which storage charges have been paid;

(4)the date all required marketing assistance loan documents are received in the county office. Subsequent payments for the storage of CCC-owned peanuts will be made based on the schedule as provided in the Peanut Storage Agreement. D. Loadout. The loadout rate of $8.00 per ton includes all items associated with loading out CCC-loan or CCC-owned peanuts, including weighing and placing peanuts aboard railcars or trucks. CCC will pay loadout charges only when this service is ordered by CCC. E. Receiving Charges for CCC-Owned Peanuts. CCC will pay $8.00 per ton receiving charges associated with the delivery of CCC-owned peanuts. Other charges, including but not limited to inspection charges, are included in the CCC-loan receiving charge previously paid according to paragraph A. of this notice. Signed at Washington, DC, August 3, 2006. Teresa C. Lasseter, Executive Vice President, Commodity Credit Corporation. [FR Doc. E6-13206 Filed 8-10-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Request for Comment; National Visitor Use Monitoring 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 revision of a currently approved information collection, National Visitor Use Monitoring. DATES: Comments must be received in writing on or before October 10, 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 Dr. Donald B.K. English, Recreation and Heritage Resources, Mailstop 1125, Forest Service, USDA, 1400 Independence Ave., SW., Washington, DC 20250. Comments also may be submitted via facsimile to

(202)205-1145 or by E-mail to: *denglish@fs.fed.us* . The public may inspect comments received at Room 4 Central, Yates Building, Recreation and Heritage Resources Staff, 1400 Independence Ave., SW., Washington, DC 20250 during normal business hours. Visitors are encouraged to call ahead to

(202)205-9595 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Donald B.K. English, Recreation and Heritage Resources staff, at

(202)205-9595. Individuals who use 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:* National Visitor Use Monitoring. *OMB Number:* 0596-0110. *Expiration Date of Approval:* January 31, 2007. *Type of Request:* Revision of a currently approved collection. *Abstract:* The Government Performance and Results Act of 1993 requires that Federal agencies establish measurable goals and monitor their success at meeting those goals. Two of the items the Forest Service must measure are:

(1)The number of visits that occur on the national forest lands for recreation and other purposes, and

(2)the views and satisfaction levels of recreational visitors to National Forest System lands about the services, facilities, and settings. The agency receives requests for this kind of information from a variety of organizations, including Congressional staffs, newspapers, magazines, and recreational trade organizations. The data from this collection provides vital information for strategic planning efforts, decisions regarding allocation of resources, and revisions of land and resource management plans for national forests. It provides managers with reliable estimates of the number of recreational visitors to a national forest, activities of those visitors (including outdoor physical activities), customer satisfaction, and visitor values. The knowledge gained from this effort helps identify recreational markets as well as the economic impact visitors have on an area. The information collected is also used by the Office of Management and Budget as part of the Program Analysis Reporting Tool measures for the Forest Service recreation program. For the Forest Service, the collection is designed for a five-year cycle of coverage across all national forests. Conducting the collection less frequently puts information updates out of cycle with forest planning and other data preparation activities. To conform to the Southern Nevada Public Land Management Act (SNPLMA), the Bureau of Land Management, and Fish and Wildlife Service (all United States Department of Interior

(USDI)agencies) will be utilizing this collection to obtain credible and mutually comparable estimates of recreational use on lands they administer in Clarke County, Nevada. This collection helps ensure a timely response to SNPLMA requirements. At recreation sites or access points, agency personnel or contractors will conduct on-site interviews of visitors as they complete their visit. Interviewers will ask about the purpose and length of the visit; the trip origin; activities; annual visitation rates; trip-related spending patterns; use of recreation facilities; satisfaction with agency services and facilities; and the composition of the visiting party. Primary analysis of the information for the Forest Service and partnering agencies will be performed by Forest Service staff in the Washington Office and by scientists in one or more of the agency's research stations. *Estimate of Annual Burden:* 9 minutes (average). *Type of Respondents:* Visitors to lands managed by the USDA—Forest Service and within Clarke County, Nevada to lands managed by the USDI—Bureau of Land Management, Fish and Wildlife Service, and National Park Service. *Estimated Annual Number of Respondents:* 65,400. *Estimated Annual Number of Responses per Respondent:* One. *Estimated Total Annual Burden on Respondents:* 9,425. 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

(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: August 1, 2006. Gloria Manning, Associate Deputy Chief. [FR Doc. E6-13192 Filed 8-10-06; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Aerial Herbicide Application; Caribou-Targhee National Forest; Caribou and Franklin Counties, ID AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an Environmental Impact Statement. SUMMARY: The Montpelier Ranger District, Caribou-Targhee National Forest will be preparing an Environmental Impact Statement

(EIS)to analyze the effects of adding aerial herbicide applications to the existing integrated noxious weed management activities within the Cache Valley Front on 31,000 acres of the Caribou-Targhee National Forest. The project area is in the Idaho tract of the Cache National Forest. It includes a portion of the west slope of the Bear River Range that extends from Highway 36 to Soda Point. The project area is south of Soda Springs, and east of Grace, ID, and is within the Montpelier Ranger District, Caribou-Targhee National Forest, Idaho. The scope of this analysis is limited to the addition of aerial herbicide application to existing integrated weed management activities within the Caribou-Targhee National Forest boundary. The project impact zone includes Caribou and Franklin Counties, Idaho, and Idaho Fish and Game Hunting Unit (75). Implementation of this project is scheduled to begin in fiscal year 2007. The decision would authorize aerial application of herbicide within the Cache Valley Front on 31,000 acres of the Caribou-Targhee National Forest. DATES: Written comments concerning the scope of the analysis described in this Notice should be received within 30 days of the date of publication of this Notice in the **Federal Register** . No scoping meetings are planned at this time. Information received will be used in preparation of the Draft EIS and Final EIS. ADDRESSES: Send written comments to Montpelier Ranger District, Attn. Dennis Duehren, 322 North 4th St., Montpelier, Idaho 83254. The responsible official for this decision is Dennis Duehren, District Ranger. FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed action and EIS should be directed to Heidi Heyrend, Rangeland Management Specialist, at

(208)847-0375. SUPPLEMENTARY INFORMATION: The Forest Service invites written comments and suggestions on the issues related to the proposal and the area being analyzed. Information received will be used in preparation of the Draft EIS and Final EIS. For most effective use, comments should be submitted to the Forest Service within 30 days from the date of publication of this Notice in the **Federal Register** . Agency representatives and other interested people are invited to visit with Forest Service officials at any time during the EIS process. Two specific time periods are identified for the receipt of formal comments on the analysis. The two comment periods include during the scoping process (the next thirty days following the publication of this Notice in the **Federal Register** ) and during the formal review period of the Draft EIS. The Forest Service estimates the Draft EIS will be filed within 4 months of this Notice of Intent, approximately December 2006. The Final EIS will be filed within 4 months of that date, approximately April 2007. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the 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 environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts, *City of Angoon* v, *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, 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: July 28, 2006. Dennis Duehren, District Ranger, Caribou-Targhee National Forest, Intermountain Region, USDA Forest Service. [FR Doc. 06-6845 Filed 8-10-06; 8:45 am]

Connectionstraces to 12

Traces to 12 documents

CFR