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Code · REGISTER · 2007-02-01 · Surface Transportation Board, DOT · Rules and Regulations

Rules and Regulations. Notice of Proposed Rulemaking

6,600 words·~30 min read·/register/2007/02/01/07-465

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

BILLING CODE 6820-EP-S DEPARTMENT OF TRANSPORTATION Surface Transportation Board 49 CFR Part 1243 [STB Ex Parte No. 661 (Sub-No. 1)] Rail Fuel Surcharges AGENCY: Surface Transportation Board, DOT. ACTION: Notice of Proposed Rulemaking. SUMMARY: In conjunction with the Surface Transportation Board's decision in Rail Fuel Surcharges, STB Ex Parte No. 661 (STB served Jan. 26, 2007), the Board has proposed to require all large (Class I) railroads to submit a monthly report containing the following information: total monthly fuel cost; gallons of fuel consumed during the month; increased or decreased cost of fuel over the previous month; and total monthly revenue from fuel surcharges.
DATES: Comments are due by April 2, 2007. ADDRESSES: Comments may be submitted either via the Board's e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions at the E-FILING link on the Board's Web site, at *http://www.stb.dot.gov.* Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: STB Ex Parte No. 661 (Sub-No. 1), 1925 K Street, NW., Washington, DC 20423-0001.
Copies of written comments received by the Board will be available from the Board's contractor, ASAP Document Solutions (mailing address: Suite 103, 9332 Annapolis Rd., Lanham, MD 20706; e-mail address: *asapdc@verizon.net* ; telephone number: 202-306-4004). The comments will also be available for viewing and self-copying in the Board's Public Docket Room, Room 755, and will be posted to the Board's Web site at *http://www.stb.dot.gov.* FOR FURTHER INFORMATION, CONTACT: Joseph H.
Dettmar at 202-565-1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 10702, the Board has the authority to address the reasonableness of a rail carrier's practices. And the Board has specific authority under 49 U.S.C. 11145(a)(1) to require regulated rail carriers to file annual, periodic, and special reports with the Board. The proposed monthly Report of Fuel Cost, Consumption, and Surcharge Revenues is intended to permit the Board to monitor the current fuel surcharge practices of the large (Class I) carriers. The proposed reporting form is included as Appendix A. See the Board's decision in this proceeding served January 26, 2007, for a discussion of the background and history of rail fuel surcharge reporting. Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.*
(PRA)and Office of Management and Budget
(OMB)regulations at 5 CFR 1320.8(d)(3), the Board now seeks comments regarding:
(1)Whether the particular collection of information described below is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility;
(2)the accuracy of the Board's burden estimates;
(3)ways to enhance the quality, utility, and clarity of the information collected; and
(4)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. Information pertinent to these issues is included in Appendix B. This proposed rule has been submitted to OMB for review as required under the PRA, 5 U.S.C. 3507(d) and 5 CFR 1320.11. In accordance with the PRA, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Pursuant to 5 U.S.C. 605(b), the Board certifies that this action will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. List of Subjects in 49 CFR Part 1243 Quarterly Operating Reports—Railroads. Authority: 49 U.S.C. 11144, 49 U.S.C. 11145. Decided: January 25, 2007. By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. For the reasons set forth in the preamble, the Surface Transportation Board proposes to amend part 1243 of title 49, chapter C, of the Code of Federal Regulations as follows: PART 1243—QUARTERLY AND MONTHLY OPERATING REPORTS—RAILROADS 1. Revise the heading of part 1243 to read as set forth above. 2. The authority citation for part 1243 continues to read as follows: Authority: 49 U.S.C. 11144, 49 U.S.C. 11145. 3. Add a new § 1243.3 to read as follows: § 1243.3 Report of fuel cost, consumption, and surcharge revenue. Commencing with reports regarding the month of [first month beginning 90 days after publication of final rule] 2007, and monthly thereafter, all Class I line-haul railroad companies are required to file a Report of Fuel Cost, Consumption, and Surcharge Revenue, in accordance with the Board's reporting form. Such monthly reports shall be filed, in duplicate, in the Office of Economics, Environmental Analysis, and Administration, Surface Transportation Board, Washington, DC 20423-0001, within 20 days after the end of the month reported. Editorial Note: The following appendices will not appear in the Code of Federal Regulations. BILLING CODE 4915-01-P EP01FE07.003 BILLING CODE 4915-01-C Appendix B The additional information below is included to assist those who may wish to submit comments pertinent to review under the Paperwork Reduction Act: Description of Collection *Title:* Report of Fuel Cost, Consumption, and Surcharge Revenue. *OMB Control Number:* 2140-XXXX. *STB Form Number:* None. *Type of Review:* New collection. *Respondents:* Class I railroads (railroads with operating revenues exceeding $250 million in 1991 dollars). *Number of Respondents:* 7. *Estimated Time per Response:* 1 hour (after one-time start-up expenditure of 8 hours). *Frequency:* Monthly. *Total Burden Hours (annually including all respondents):* 84 hours. *Total “Non-hour Burden” Cost:* None identified. *Needs and Uses:* Under 49 U.S.C. 10702, the Surface Transportation Board has the authority to address the reasonableness of a rail carrier's practices. The proposed information collection is intended to permit the Board to monitor the current fuel surcharge practices of the Class I carriers. Failure to collect this information would impede the Board's ability to fulfill its responsibilities under 49 U.S.C. 10702. The Board has authority to collect information about rail costs and revenues under 49 U.S.C. 11144 and 11145. *Retention Period:* Information in this report will be maintained on the Board's Web site for a minimum of one year and will be otherwise maintained by the Board for a minimum of two years. [FR Doc. E7-1640 Filed 1-31-07; 8:45 am] BILLING CODE 4915-01-P 72 21 Thursday, February 1, 2007 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request January 29, 2007. 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. Animal and Plant Health Inspection Service *Title:* Spring Viremia of Carp-Susceptible Finfish and their Gametes, and Diagnostic Specimens Importation Permits. *OMB Control Number:* 0579-0301. *Summary of Collection:* The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture
(USDA)is responsible for the development and administration of regulations intended to protect the health of U.S. farmed fish populations. APHIS is adding import restrictions for certain species of finfish that are susceptible to spring viremia of carp disease (SVC). SVC is a disease of certain species of finfish, caused by an eponymous rhabdovirus. SVC is considered extremely contagious, and there are currently no U.S. approved vaccines or treatments for the virus. *Need and Use of the Information:* APHIS has developed import requirements for SVC-susceptible fish species. This necessitates the use of several information collection activities, including application by U.S. importers for an import permit for SVC-susceptible fish species, or for diagnostic samples containing viable SVC virus. APHIS will also require that importers obtain a health certificate from the exporting facility indicating that the exporting country, zone, or aquaculture establishment is in compliance with OIE guidelines to demonstrate freedom from SVC. Without the information, APHIS would be unable to effectively protect farmed fish populations that are known to be susceptible to SVC from imports of finfish or their gametes infected with SVC virus. *Description of Respondents:* Farms; Individual or households. *Number of Respondents:* 12,010. *Frequency of Responses:* Recordkeeping; Reporting: On occasion. *Total Burden Hours:* 5,969. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E7-1630 Filed 1-31-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0007] National Animal Identification System; User Guide and Technical Documents AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice of availability and request for comments. SUMMARY: We are advising the public that we are making available for review and comment three documents related to the National Animal Identification System: A Draft User Guide, a Program Standards and Technical Reference document, and a technical specification document for the animal tracking databases. ADDRESSES: All three documents are available on the Internet at *http://animalid.aphis.usda.gov/nais/* . The documents may also be viewed in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. FOR FURTHER INFORMATION CONTACT: • *Draft User Guide:* Dr. Adam Grow; Director, Surveillance and Identification Programs, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737-1231;
(301)734-3752. • *Program Standards and Technical Reference:* Dr. John F. Wiemers, National Animal Identification Staff, VS, APHIS, 2100 S. Lake Storey Road, Galesburg, IL 61401;
(309)344-1942. • *Animal Tracking Databases Technical Specifications Document:* Mr. Rich Baca, Team Leader, Veterinary Services Application Information Management, Centers for Epidemiology and Animal Health, VS, APHIS, 2150 Centre Avenue, Bldg B, Mail Stop 2W4, Fort Collins, CO 80526;
(970)494-7346. SUPPLEMENTARY INFORMATION: Background As part of ongoing efforts to safeguard animal health, the U.S. Department of Agriculture
(USDA)initiated implementation of a 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). The purpose of the NAIS is to provide a streamlined information system that will help producers and animal health officials respond quickly and effectively to animal disease events in the United States. The first component of the program, premises registration, is well underway and the second component, animal identification, is being implemented for several species. The third component, animal tracing, is currently under development with USDA's State and industry partners. Industry, through private systems, and States will manage the animal tracking databases that maintain the movement records of animals. These information systems will provide the locations of a subject animal and the records of other animals that the subject animal came into contact with at each premises. Participation in any component of the program is voluntary. This notice announces the availability of three documents related to the National Animal Identification System: A Draft User Guide, a Program Standards and Technical Reference document, and a technical specification document for the animal tracking databases. Draft User Guide for the NAIS The Draft User Guide provides comprehensive information about participating in the NAIS. Part I of the document provides a brief overview to familiarize producers with the NAIS, its goals, its organizational components, and other information concerning its ongoing implementation. The remainder of the document discusses each of the NAIS' components in greater detail and provides operational-level “how to” information and resources. Part II of the document provides information about premises registration; Part III of the document discusses the animal identification component of the program; and Part IV of the document details the animal tracing component. The Draft User Guide is the most current plan for the NAIS and replaces all previously published program documents, including the 2005 Draft Strategic Plan and Draft Program Standards (announced at 70 FR 23961-23963, May 6, 2005) and the 2006 Strategy for the Implementation of NAIS (announced at 71 FR 17805-17806, April 7, 2006). Those documents provided the opportunity for the public to comment on the NAIS as USDA worked through many issues with industry and the States and Tribes. USDA received valuable feedback from producers, State animal health officials, and other interested stakeholders on the documents and on the program, and made adjustments to the program in response. The Draft User Guide represents the most up-to-date general information on NAIS today. The NAIS will continue to evolve as details are addressed through ongoing dialogue with all stakeholders. Program Standards and Technical Reference Document The Program Standards and Technical Reference document supplements the Draft User Guide and provides, as a separate document, an update for the data element standards that were contained in the 2005 Draft Program Standards. To ensure a uniform, streamlined information system evolves, USDA has established certain data standards, where necessary, to facilitate standardization of information in the NAIS. This document provides the data element standards and other standards relative to the NAIS. Use of these standards by States, Tribes, and industry organizations involved in the administration of the system, manufacturers of identification devices, and other entities that are part of, or that support the NAIS, will ensure that the system is effective. Although the Draft User Guide contains valuable information about NAIS information systems, this Program Standards document is targeted more to entities that are involved in the administration of the program, and thus contains details not appropriate for the User Guide, which is aimed at producers participating in the program. Animal Tracking Database Technical Specifications Document USDA is developing a single portal, referred to as the Animal Trace Processing System (ATPS), to allow authorized State and Federal animal health officials to request information from the administrators of the animal tracking databases in certain situations: • An indication (suspect, presumptive positive, etc.) or confirmed positive test of a foreign animal disease. • An animal disease emergency as determined by the Secretary of Agriculture and/or State Departments of Agriculture. • The need to conduct a traceback or traceforward to determine the origin of infection for a program disease (brucellosis, tuberculosis, etc.). To ensure that the privatization of the animal movement tracking databases progresses in as timely a manner as possible, APHIS initiated the integration of private and State animal tracking databases
(ATDs)with the NAIS during an interim/development phase to allow participation in 2006 and early 2007. Organizations that wished to participate requested USDA evaluations of their systems for consideration. If the system met the interim requirements, the organization had the opportunity to participate in the interim cooperative agreement. As of January 15, 2007, APHIS had entered into interim cooperative agreements with 14 organizations that have databases that meet minimum standards and that wish to support the advancement of the integration of private and State animal tracking databases with the NAIS. Throughout this interim/development phase, USDA continued to work with participating organizations to design and develop the ATPS and to establish the technical specifications of the ATDs. ATDs in the implementation phase will need to fulfill certain technical requirements to enable them to integrate with the ATPS. The Animal Tracking Database Technical Specifications document contains the specifications for establishing compliant animal tracking databases for the implementation phase. Applications for the implementation (production) phase of the animal tracking databases may be requested by contacting Mr. Rich Baca (see FOR FURTHER INFORMATION CONTACT ). Comments about any of these documents or other aspects of the NAIS may be submitted to USDA through the NAIS Web site e-mail address: *animalidcomments@aphis.usda.gov* or by mail to NAIS Program Staff, VS, APHIS, 4700 River Road, Unit 200, Riverdale, MD 20737. Done in Washington, DC, this 30th day of January 2007. Nick Gutierrez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-1719 Filed 1-31-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation Request for Extension and Revision of a Currently Approved Information Collection AGENCY: Federal Crop Insurance Corporation, Risk Management Agency (RMA), USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C Chapter 35) this notice announces the Risk Management Agency's intention to request an extension for and revision to a currently approved information collection for Notice of Funds Availability—Community Outreach and Assistance Partnership Program. DATES: Comments on this notice will be accepted until close of business, April 2, 2007. FOR FURTHER INFORMATION CONTACT: Contact David Wiggins, Civil Rights Office, USDA/RMA, 1400 Independence Avenue, SW., Stop 0805, Washington, DC 20250-0805, telephone
(202)690-2686. Comments may also be submitted electronically to: *David.Wiggins@rma.usda.gov.* SUPPLEMENTARY INFORMATION: *Title:* Notice of Funds Availability—Community Outreach and Assistance Partnership Program. *OMB Number:* 0563-0066. *Type of Request:* Extension and revision of a currently approved information collection. *Abstract:* The Federal Crop Insurance Corporation administers cooperative agreements that will be used to provide outreach and assistance to under-served agricultural producers such as women, limited resource, socially disadvantaged and other traditionally under-served farmers and rancher (under-served agricultural producers). With this submission, RMA seeks to obtain OMB's approval for an information collection project that will assist RMA in operating and evaluating these programs. The primary objective of the information collection projects is to enable RMA to better evaluate the performance capacity and plans of organizations that are applying for funds for cooperative agreements for the Community Outreach and Assistance Partnership Program. This information collection package will be used for evaluating applications and awarding partnership agreements, applicants are required to submit materials and information necessary to evaluate and rate the merit of proposed projects and evaluate the capacity and qualification of the organization to complete the project. *Estimate of Burden:* The public reporting burden for this collection of information is estimated to average 6 hours per response for new applications and 4 hours for renewal applications. *Respondents/Affected Entities:* Education institutions, community based and cooperative organizations, and non-profit organizations. *Estimated annual number of respondents:* 100. *Estimated annual number of responses per respondent:* 1. *Estimated annual number of responses:* 100. *Estimated total annual burden on respondents:* 967 hours. Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection information;
(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 those who are to respond, through use, as appropriate, of automated, electronic, mechanical, or other collection technologies, e.g. permitting electronic submission of responses. Comments may be sent to David Wiggins, United States Department of Agriculture (USDA), Civil Rights Office, Federal Crop Insurance Corporation, Risk Management Agency, 1400 Independence Avenue, SW., Stop 0805, Washington, DC 20250-0805. All comments will be available for public inspection during regular business hours at the same address. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Signed in Washington, DC, on January 26, 2007. Eldon Gould, Manager, Federal Crop Insurance Corporation. [FR Doc. E7-1632 Filed 1-31-07; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF AGRICULTURE Foreign Agricultural Service Trade Adjustment Assistance for Farmers AGENCY: Foreign Agricultural Service, USDA. ACTION: Notice. The Administrator, Foreign Agricultural Service (FAS), today terminated the certification of a petition for trade adjustment assistance
(TAA)that was filed by a group of Indiana fresh cut snapdragon producers. Indiana fresh cut snapdragon producers are no longer eligible for TAA benefits in fiscal year 2007. SUPPLEMENTARY INFORMATION: Upon investigation, the Administrator determined that U.S. producer prices for Indiana fresh cut snapdragon were 13 percent higher than the base five-year average price. Therefore, producer prices were no longer a contributing factor for program eligibility—a requirement for TAA program eligibility and therefore insufficient grounds to re-certify this petition. FOR FURTHER INFORMATION CONTACT: Jean-Louis Pajot, Coordinator, Trade Adjustment Assistance for Farmers, FAS, USDA,
(202)720-2916, e-mail: *trade.adjustment@fas.usda.gov.* Dated: January 17, 2007. Michael W. Yost, Administrator, Foreign Agricultural Service. [FR Doc. E7-1573 Filed 1-31-07; 8:45 am] BILLING CODE 3410-10-P DEPARTMENT OF AGRICULTURE Foreign Agricultural Service Trade Adjustment Assistance for Farmers AGENCY: Foreign Agricultural Service, USDA. ACTION: Notice. The Administrator, Foreign Agricultural Service (FAS), today terminated the certification of petitions for trade adjustment assistance
(TAA)that was filed by the National Grape Cooperative Association representing Michigan and Washington Concord juice grape producers. Concord juice grape producers in these states are no longer eligible for TAA benefits in fiscal year 2007. SUPPLEMENTARY INFORMATION: Upon investigation, the Administrator determined that U.S. imports of grape juice fell by 10.1 million liters between 2005 and 2006, a decline of 4 percent. Therefore, imports were no longer a contributing factor for program eligibility. An increase in imports is required for re-certifying a petition for TAA. FOR FURTHER INFORMATION, CONTACT: Jean-Louis Pajot, Coordinator, Trade Adjustment Assistance for Farmers, FAS, USDA,
(202)720-2916, e-mail: *trade.adjustment@fas.usda.gov.* Dated: January 17, 2007. Michael W. Yost, Administrator, Foreign Agricultural Service. [FR Doc. E7-1572 Filed 1-31-07; 8:45 am] BILLING CODE 3410-10-P DEPARTMENT OF AGRICULTURE Forest Service Klamath National Forest; California: Round Valley Fuels Reduction and Vegetation Management Project AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The Forest Service will prepare an environmental impact statement on a proposal to reduce fuels and manage vegetation on about 18,700 acres on the Klamath National Forest in Northern California. The proposal intends to reduce the fuel hazard that leads to uncontrollable wildfire, improve forage for big game, reduce juniper, enhance aspen, and to promote a diverse and resilient forest. DATES: Comments concerning the scope of the analysis must be received by March 5, 2007. The draft environmental impact statement is expected in September 2007, and the final environmental impact statement is expected in December 2007. ADDRESSES: Send written comments to Margaret Boland, Forest Supervisor, C/O Kelly Pavlica, Goosenest Ranger District, 37805 Highway 97, Macdoel, CA 96058. Electronic comments must be submitted in a format such as an e-mail message, plain text (.txt), rich text format (.rtf), or Word (.doc) to *comments-pacificsouthwest-klamath-goosenest@fs.fed.us.* FOR FURTHER INFORMATION CONTACT: Emelia Barnum, EIS Team Leader,
(530)398-4391, Ext. 5767, or Kelly Pavlica, EIS Co-Team Leader
(530)398-4391, Ext. 5730. SUPPLEMENTARY INFORMATION: The project is located on the Goosenest Ranger District of the Klamath National Forest. The project area includes Cedar Mountain and continues south to the community of Tennant, California. The legal location is in Township 45 North, Range 1 East, Sections 23-26, 35, 36; Township 45 North, Range 1 West, Sections 19-21, 27-33; Township 44 North, Range 1 East, Sections 1-3, 10-15, 21-28, 33-35; Township 44 North, Range 1 West, Sections 5, 7, 18, 19-20, 29-30; and Township 43 North, Range 1 East, Sections 2, 3, 10, 11, 14 Mount Diablo Meridian. This project is within Management Areas 10 (Riparian Reserve), 14 (Winter Range), 15 (Partial Retention), and 16 (Forage), as designated by the *Klamath National Forest Land and Resource Management Plan* (LRMP). The project is also within the boundaries of the federally recognized wildland urban interface
(WUI)of the community of Tennant, California. The project also encompasses or is adjacent to other outlying residential areas and private property. Purpose and Need for Action The purpose and need for action is as follows: • To reduce fuels in order to create a defensible space for fire suppression resources and to decrease the potential for detrimental wildfire effects to the overall project area, the community of Tennant, outlying residents, and private property. • To improve big game habitat by providing a well-distributed, patchy mosaic of big game cover and browse habitat and by reducing the density of roads. • To reduce the number of juniper trees to produce forage for wildlife and to allow herbaceous plants to grow. • To promote thrifty, vigorous trees resilient to environmental factors in multiple stages of development. • To encourage aspen in areas where conifer encroachment is crowding out the species. The existing condition of the project area (described below) does not meet the desired conditions described in the LRMP. • Stand replacing wildfires could take place in much of the project area, due to surface fuels, understory vegetation, and dense stand conditions. A potential exists for wildfires to detrimentally affect the community of Tennant, outlying residents, and private property. • Ponderosa pine stands within the project area are overstocked for the dry site and highly susceptible to insect-induced mortality, disease and stand replacing fires. These stands are both plantations, planted mostly in the 1980s, and stands that were naturally regenerated after turn of the 20th century railroad logging. Currently, natural regeneration is limited in many of these areas due to poor site conditions. Because of this, several stands in the southern portion of the project area are predominately even-aged. • Mixed-conifer stands on Cedar Mountain are overstocked for the dry site and highly susceptible to insect-induced mortality, disease and stand replacing fires. Regeneration is abundant in the Cedar Mountain area. Many of the larger, older trees in the area are in poor condition due to increased competition for water and nutrients by the encroachment of trees and brush. • Western juniper has expanded its range, altering site conditions and vegetative structure and composition. Due to the expansion of juniper, available forage for big game has decreased, and the potential for an uncontrollable wildfire to occur has increased. • Nearly all stands contain a high component of mature to decadent bitterbrush that is in decline. Decadent bitterbrush is less palatable for deer because it produces less leader growth, which is what deer consume as browse. Decadent bitterbrush is more flammable due to the accumulation of dead plant material, and the plants are more susceptible to mortality from wildfire. The younger age class is absent from many of the mature and decadent bitterbrush stands, and is needed for future replacement of browse. • Aspen stands are being replaced by conifers near Antelope Creek, due to shading and resource competition. Aspen trees require abundant sunlight to thrive. In addition to abundant sunlight, young aspen require protection from browsing in order to establish. Aspen is considered a keystone species that provides biodiversity across the landscape. Proposed Action The Klamath National Forest proposes the following actions to move toward LRMP desired conditions (the total acreage proposed for treatment is about 18,700 acres within the 20,100-acre planning area): *Treatments will include the following:* • *Prescribed underburning:* Approximately 6,440 acres will be underburned in varying intensities to reduce fuels, change future fire behavior, and promote a mosaic of browse age classes and herbaceous seral stages. • *Brush/small tree mowing:* Approximately 330 acres will be mowed with light mechanical equipment to lower fuel bed heights and promote a mosaic of browse age classes. • *Defensible space:* Along forest roads 45N10 and 43N20, vegetation will be reduced within 150 feet of the road to provide a defensible space for firefighters in the event of a wildfire. Mowing, thinning, and prescribed underburning will be used as needed to create the defensible space. These treatments will primarily target brush and ladder fuels. • *Juniper reduction:* Approximately 3,620 acres of juniper reduction is planned throughout the planning area. Where continuous stands of juniper exist, the larger, older trees will be retained as well as patches of juniper to provide wildlife cover and biodiversity. • *Aspen enhancement:* Approximately 7 acres of conifers will be removed in order to promote the regeneration of aspen near Antelope Creek. The largest conifers and snags will be retained where safety permits. These acres would not be contiguous but, wherever possible, be placed around openings and locations where aspen is already present. • *Thinning from below:* Approximately 8,750 acres in natural stands and 2,520 acres in plantations will be thinned to variable spacing. The goal is to reduce aerial and ladder fuels and tree densities, and to promote and maintain larger, more resilient trees, while retaining beneficial elements to wildlife such as structural diversity. Occasionally, we will culture a large tree with desired characteristics by removing trees around it up to one tree-length in distance. Plantation thinning will include concurrent brush mowing. • *Planting:* Across the southern portion of the project area, approximately 10% of the openings will be planted where natural regeneration failed following turn of the twentieth century railroad logging. These sites will be prepared for planting, and ponderosa pine will be planted. This will begin the development of new age classes within ponderosa pine stands where natural regeneration is scarce. Trees planted will be spaced to a width that will reduce the future fire hazard usually associated with dense plantations. • *Bald eagle habitat enhancement:* Approximately 135 acres will be identified for bald eagle emphasis. This area will be managed according to the U.S. Fish and Wildlife Service's Pacific Bald Eagle Recovery Plan to promote habitat required by bald eagles for long-term nesting and roosting. The bald eagle is a federally listed Threatened species. Standard design features, such as protection of heritage sites and no-treatment buffers around caves, will be used. Untreated wildlife areas and variable intensities of treatment will protect resources and provide biodiversity. These non-treatment areas are not included in the above acreage estimates. Forest Service crews, service contracts, stewardship contracts and/or commercial timber sales may implement these actions. All harvesting and mowing activities will be ground-based. Wherever possible, tree tops and limbs will be skidded to the landing to minimize activity-generated slash. Borax will be applied to cut surfaces of stumps 14 inches and greater to prevent development of annosus root disease infection centers. To facilitate stand access for project activities, a few temporary road spurs will be created or reopened, and several existing unauthorized roads will be used. Approximately 4 miles of new temporary road spurs will be closed and re-vegetated after project implementation. In an effort to bring roads from an unmanaged condition to a managed condition, up to 17 miles of existing unauthorized roads that are needed for travel management and access will be added to Forest System, and about 13 miles of existing roads (both authorized and unauthorized) will be closed. Roads proposed for closure are: 44N10Y.2, 44.14.3, 44N28.1, 44N92, 22N93.1C, 44N93.1C1, 45N10A, 45N10B, 45N10C, 45N10D, 45N10E, 45N10F, 45N11A.1, 45N21Y.1, 5Q003.1, 5Q003.2, 6Q003.1, and 6Q003.1A. A seasonal closure from January 1 to August 31 is proposed for 45N10 (approximately 3.2 miles north of county road 6Q003 at the existing gate). Responsible Official Margaret Boland, Forest Supervisor, Klamath National Forest, 1312 Fairlane Road, Yreka, CA 96097-9549. Nature of Decision To Be Made The decision to be made is whether to implement the action as proposed, not to implement the Proposed Action, or to implement an alternative. Scoping Process If you have information you feel the Forest Service may not be aware of, or feel you have issues (points of dispute, debate, or disagreement) regarding potential effects of this proposed action, please contact Kelly Pavlica at the Goosenest Ranger District, 37805 Highway 97, Macdoel, CA 96058,
(530)398-4391, within 30 days of publication of this notice. We will use any significant issues that are identified to develop alternatives to the Proposed Action. All input and comments received during project planning are a matter of public record. Names and addresses of participants are not confidential. If you are interested participating in a field visit to the proposed project area please contact Kelly Pavlica at the number listed above. A field trip with interested participants will be arranged. Permits or Licenses Required We are requesting temporary road access to the northern portion of the project area from a private landowner. Comment Requested This notice of intent initiates the scoping process which guides the development of the environmental impact statement. For questions about the project, please contact Kelly Pavlica at
(530)398-4391. *Early Notice of Importance of Public Participation in Subsequent Environmental Review:* A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . 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: January 23, 2007. Margaret J. Boland, Forest Supervisor. [FR Doc. E7-1606 Filed 1-31-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY: Rural Utilities Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service an agency delivering the U.S. Department of Agriculture
(USDA)Rural Development Utilities Programs, invites comments on this information collection for which approval from the Office of Management and Budget
(OMB)will be requested. DATES: Comments on this notice must be received by April 2, 2007. FOR FURTHER INFORMATION CONTACT: Michele Brooks, Acting Director, Program Development & Regulatory Analysis, USDA Rural Development, 1400 Independence Ave., SW., STOP 1522, Room 5168 South Building, Washington, DC 20250-1522. Telephone:
(202)690-1078. FAX:
(202)720-8435. SUPPLEMENTARY INFORMATION: The Office of Management and Budget's
(OMB)regulation (5 CFR part 1320) implanting provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS is submitting to OMB for extension. Comments are invited on
(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 assumption used;
(c)ways to enhance the quality, utility and clarity of the information to be collected; and
(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 on other forms of information technology. Comments may be sent to: Joyce McNeil, Program Development and Regulatory Analysis, USDA Rural Development, 1400 Independence Ave., SW., Room 5166-South, STOP 1522, Washington, DC 20250-1522. FAX:
(202)720-8435. *Title:* 7 CFR part 1777, Section 306C Water and Waste Disposal
(WWD)Loans and Grants. *OMB Control Number:* 0572-0109. *Type of Request:* Extension of a currently approved information collection. *Abstract:* Section 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c) authorizes the Rural Utilities Service to make loans and grants to low-income rural communities whose residents face significant health risks. These communities do not have access to, or are not served by, adequate affordable water supply systems or waste disposal facilities. The loans and grants will be available to provide water and waste disposal facilities and services to these communities, as determined by the Secretary. The Section 306C WWD Loans and Grants program is administered through 7 CFR part 1777. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 9 hours per response. *Respondents:* Not for profits; State, Local or Tribal Government. *Estimated Number of Respondents:* 1. *Estimated Number of Responses per Respondent:* 1. *Estimated Total Annual Burden on Respondents:* 9 hours. Copies of this information collection can be obtained from Joyce McNeil, Program Development and Regulatory Analysis, at
(202)720-0812. FAX:
(202)720-4120. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: January 24, 2007. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E7-1579 Filed 1-31-07; 8:45 am] BILLING CODE 3410-15-P COMMISSION ON CIVIL RIGHTS Sunshine Act Notice Date and Time: Friday, February 9, 2007. 9 a.m. Place: U.S. Commission on Civil Rights, 624 Ninth Street, NW., Rm. 540, Washington, DC 20425. Commission Meeting: U.S. Commission on Civil Rights, Friday, February 9, 2007, 624 Ninth Street, NW., Rm. 540, Washington, DC 20425, 9 a.m. Meeting Agenda I. Approval of Agenda. II. Approval of Minutes of January 26 Meeting. III. Announcements. IV. Staff Director's Report. V. Management and Operations: • Quality Information Guidelines. VI. Program Planning: • Program Planning FY 2009. • Affirmative Action in Law Schools Briefing Report. • Domestic Wiretapping. VII. State Advisory Committee Issues: • Alabama SAC. VIII. Future Agenda Items. IX. Adjourn. Dated: January 30, 2007. David Blackwood, General Counsel. [FR Doc. 07-465 Filed 1-30-07; 2:49 pm]
Connectionstraces to 6
13 references not yet in our index
  • 49 CFR 1243
  • 5 CFR 1320.8(d)(3)
  • 5 USC 3507(d)
  • 5 CFR 1320.11
  • Pub. L. 104-13
  • 435 U.S. 519
  • 803 F.2d 1016
  • 490 F. Supp. 1334
  • 40 CFR 1503.3
  • 40 CFR 1501.7
  • 5 CFR 1320
  • 5 CFR 1320.8(d)
  • 7 CFR 1777
Citation graph
cites case law
Rules and Regulations
Notice of Proposed Rulemaking
SCOTUS435 U.S. 519
F. App'x803 F.2d 1016
F. Supp.490 F. Supp. 1334
Cite49 CFR 1243
Cite5 CFR 1320.8(d)(3)
Cites 19 · showing 11Cited by 0 across 0 sources
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