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Code · REGISTER · 2007-10-10 · Federal Aviation Administration (FAA), Department of Transportation (DOT) · Rules and Regulations

Rules and Regulations. Notice of proposed rulemaking (NPRM)

14,355 words·~65 min read·/register/2007/10/10/07-4972

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

BILLING CODE 3510-22-S 72 195 Wednesday, October 10, 2007 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29110; Directorate Identifier 2007-NE-35-AD] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney PW4090 and PW4090-3 Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for Pratt & Whitney
(PW)PW4090 and PW4090-3 turbofan engines with front turbine hub, part number (P/N) 53L601, installed. This proposed AD would reduce the published life limit of those front turbine hubs from 12,000 cycles-since-new
(CSN)to 9,370 CSN. This proposed AD would also remove from service those front turbine hubs using a drawdown schedule. This proposed AD results from PW updating the low-cycle-fatigue
(LCF)life analysis for front turbine hubs, P/N 53L601. We are proposing this AD to prevent an uncontained failure of the front turbine hub, resulting in an in-flight engine shutdown and possible damage to the airplane. DATES: We must receive any comments on this proposed AD by December 10, 2007. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*
(202)493-2251. FOR FURTHER INFORMATION CONTACT: Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *mark.riley@faa.gov* , telephone
(781)238-7758; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send us any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2007-29110; Directorate Identifier 2007-NE-35-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Discussion PW Engineering updated their life analysis for the front turbine hub, P/N 53L601, to incorporate new temperature data in the hub aft cavity area. The revised cavity temperatures cause higher than anticipated stress levels in the anti-rotation slots of the front turbine hub. This results in a reduced published LCF life limit from 12,000 CSN to 9,370 CSN. This condition, if not corrected, could result in uncontained engine failure resulting in an in-flight engine shutdown and possible damage to the airplane. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. We are proposing this AD, which would: • Reduce the published life limit of front turbine hub, P/N 53L601, from 12,000 CSN to 9,370 CSN; and • Remove from service those front turbine hubs using a drawdown schedule. Costs of Compliance We estimate that this proposed AD would affect 94 engines installed on airplanes of U.S. registry. We also estimate that it would take about 101 work-hours per engine to perform the proposed actions, and that the average labor rate is $80 per work-hour. The prorated cost due to a life reduction from 12,000 CSN to 9,370 CSN for the front turbine hub is about $66,460 per engine. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $6,247,240. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **Pratt & Whitney:** Docket No. FAA-2007-29110; Directorate Identifier 2007-NE-35-AD. Comments Due Date
(a)The Federal Aviation Administration
(FAA)must receive comments on this airworthiness directive
(AD)action by December 10, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Pratt & Whitney
(PW)PW4090 and PW4090-3 turbofan engines with front turbine hub part number (P/N) 53L601, installed. These engines are installed on, but not limited to, Boeing 777-200 series and 777-300 series airplanes. Unsafe Condition
(d)This AD results from PW updating the low-cycle-fatigue
(LCF)life analysis for front turbine hubs, P/N 53L601. We are proposing this AD to prevent an uncontained failure of the front turbine hub, resulting in an in-flight engine shutdown and possible damage to the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done.
(f)Remove front turbine hubs, P/N 53L601, from service and install a serviceable front turbine hub, as follows:
(1)For front turbine hubs that have accumulated fewer than 3,370 cycles-since-new
(CSN)on the effective date of this AD, remove from service before the hub accumulates 9,370 CSN.
(2)For front turbine hubs that have accumulated 3,370 or more CSN, but fewer than 9,370 CSN on the effective date of this AD, do the following:
(i)For engines that have an engine shop visit
(ESV)before the front turbine hub accumulates 9,370 CSN, remove the front turbine hub from service before the hub accumulates 9,370 CSN.
(ii)For engines that do not have an ESV before the front turbine hub accumulates 9,370 CSN, remove the front turbine hub from service at the next ESV, or before the hub accumulates an additional 6,000 cycles-since-last high pressure turbine overhaul, whichever occurs first, but not to exceed 12,000 CSN.
(3)For front turbine hubs that have accumulated 9,370 or more CSN on the effective date of this AD, remove the front turbine hub from service at the next ESV, or before the hub accumulates 12,000 CSN, whichever occurs first.
(g)This AD establishes a new reduced published life limit for the PW4090 turbine front hub, P/N 53L601, of 9,370 CSN, which is published in Chapter 05, Time Limits Section 05-10-01, of the PW4000 Series Engine Shop Manual, P/N 51A751. The following conditions also apply:
(1)Except as provided in paragraphs (f)(2)(ii) and (f)(3) of this AD, no alternative retirement lives may be approved for the PW4090 front turbine hub, P/N 53L601.
(2)After the effective date of this AD, PW4090 front turbine hub, P/N 53L601, may not be installed or reinstalled on an engine if the hub has accumulated more than 9,370 CSN.
(h)For the purposes of this AD, an “engine shop visit” is:
(1)The induction of an engine into the shop for maintenance involving the separation of any major mating engine flange, except that for the separation of engine flanges solely for the purposes of transportation without subsequent engine maintenance does not constitute an engine shop visit; or
(2)The removal of a disk or spool. Alternative Methods of Compliance
(i)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information
(j)Information on an approved front turbine hub rework procedure for increased life is available from the manufacturer. See Pratt & Whitney Service Bulletin PW4G-112-72-290, dated July 2, 2007. The reworked front turbine hub, P/N 53L601-001, is not affected by this AD.
(k)Contact Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *mark.riley@faa.gov* , telephone
(781)238-7758; fax
(781)238-7199, for more information about this AD. Issued in Burlington, Massachusetts, on October 2, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-19927 Filed 10-9-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-138707-06] RIN 1545-BF90 Exclusions From Gross Income of Foreign Corporations; Hearing Cancellation AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Cancellation of notice of public hearing on proposed rulemaking by cross-reference to temporary regulations. SUMMARY: This document cancels a public hearing on proposed regulations relating to income derived by foreign corporations from the international operation of ships or aircraft. DATES: The public hearing, originally scheduled for October 24, 2007 at 10 a.m. is cancelled. FOR FURTHER INFORMATION CONTACT: Kelly Banks of the Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration) at
(202)622-0392 (not a toll-free number). SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing (REG-138707-06) that appeared in the **Federal Register** on Monday, June 25, 2007 (72 FR 34650), announced that a public hearing was scheduled for October 24, 2007, at 10 a.m. in the IRS Auditorium, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC. The subject of the public hearing is under section 883 of the Internal Revenue Code. The public comment period for these regulations expired on September 24, 2007. The notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing instructed those interested in testifying at the public hearing to submit a request to speak and an outline of the topics to be addressed by September 24, 2007. As of September 28, 2007, no one has requested to speak and therefore, the public hearing scheduled for October 24, 2007, is cancelled. LaNita VanDyke, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-19871 Filed 10-9-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 780, 784, 816, and 817 [Docket Number OSM-2007-0007] RIN 1029-AC04 Excess Spoil, Coal Mine Waste, and Buffers for Waters of the United States AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; notice of public hearings and extension of comment period. SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing a 30-day extension of the comment period on a proposed rule published in the August 24, 2007, **Federal Register** and the accompanying draft environmental impact statement (DEIS). This notice also provides notice of the dates and locations for the public hearings that we will hold on the proposed rule and DEIS. The proposed rule concerns buffer zones, stream diversions, siltation structures, impoundments, and the creation and disposal of excess spoil and coal mine waste. DATES: We will accept written comments on the proposed rule and DEIS on or before November 23, 2007. We will hold public hearings on the proposed rule and DEIS on October 24, 2007, at the locations listed in the SUPPLEMENTARY INFORMATION section of this notice. ADDRESSES: Please submit comments by one of the methods listed below. We cannot guarantee that comments submitted by other means or to other addresses will be included in the docket for this rulemaking. • *Federal eRulemaking Portal:* *http://www.regulations.gov.* The proposed rule and DEIS are listed under the agency name “Office of Surface Mining Reclamation and Enforcement.” The proposed rule has been assigned Docket ID: OSM-2007-0007. The DEIS has been assigned Docket ID: OSM-2007-0008. If you would like to submit comments through the Federal eRulemaking Portal, go to www.regulations.gov and do the following. Find the blue banner with the words “Search Documents” and go to “Optional Step 2.” Select “Office of Surface Mining Reclamation and Enforcement” from the agency drop-down menu, then click the “Submit” button at the bottom of the page. The next screen will have the title “Document Search Results.” The proposed rule is listed under the Docket ID as OSM-2007-0007. If you click on OSM-2007-0007, you can view the proposed rule, add comments, and view comments submitted by other persons. The DEIS is listed under the Docket ID as OSM-2007-0008. If you click on OSM-2007-0008, you can view the DEIS, add comments, and view comments submitted by other persons. • *Mail/Hand-Delivery/Courier:* Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 252 SIB, 1951 Constitution Avenue, NW., Washington, DC 20240. Reviewing a Copy of the DEIS You may review the DEIS at any of the public libraries listed in the notice of availability published in the **Federal Register** on August 24, 2007 (72 FR 48678-48679) or at the following locations: Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 101 SIB, 1951 Constitution Avenue, NW., Washington, DC 20240, 202-208-4264 Office of Surface Mining Reclamation and Enforcement, Appalachian Regional Office, Three Parkway Center, Pittsburgh, PA 15220, 412-937-2909 Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Office, Alton Federal Building, 501 Belle Street, Room 216, Alton, IL 62002, 618-463-6460 Office of Surface Mining Reclamation and Enforcement, Western Regional Office, 1999 Broadway, Suite 3320, Denver, CO 80201-6667, 303-844-1401 Public Hearing Locations See the SUPPLEMENTARY INFORMATION section of this notice for the addresses at which we will hold public hearings on the proposed rule and DEIS. FOR FURTHER INFORMATION CONTACT: Dennis G. Rice, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue, NW., Washington, DC 20240. Telephone: 202-208-2829. SUPPLEMENTARY INFORMATION: On August 24, 2007 (72 FR 48890), we published a proposed rule proposing to amend our regulations concerning stream buffer zones, stream diversions, siltation structures, impoundments, and the creation and disposal of excess spoil and coal mine waste. Among other things, this proposed rule would require that surface coal mining operations be designed to minimize the creation of excess spoil and the adverse environmental impacts of fills constructed to dispose of excess spoil and coal mine waste. It would apply the buffer requirement to all waters of the United States, not just perennial and intermittent streams. The rule would clearly specify the activities to which that requirement does and does not apply and the limitations on conducting activities within the buffer, either under a variance or an exception. It also would specify requirements to protect aquatic and other resources when an activity is conducted under either a variance or an exception. The comment period on the proposed rule and the DEIS was scheduled to close October 23, 2007. However, we received numerous requests to extend the comment period. After reviewing the requests, we are extending the deadline for submission of comments by 30 days. The comment period for both the proposed rule and the DEIS will now close November 23, 2007. We also received numerous requests to hold public hearings on the proposed rule and DEIS. After reviewing the requests, we have decided to hold four public hearings on October 24, 2007, at the following locations: • Holiday Inn Charleston (Charleston House), 600 Kanawha Boulevard East, Charleston, West Virginia. • Hazard Community & Technical College, Hazard Campus, Jolly Center, Room 208, One Community College Drive, Hazard, Kentucky. • Pellissippi State Technical Community College, Goins Auditorium, 10915 Hardin Valley Road, Knoxville, Tennessee. • Ramada Inn Washington, 1170 West Chestnut Street, Washington, Pennsylvania. All hearings are scheduled to begin at 6 p.m. and end at 9 p.m. They will be open to anyone who would like to attend or testify. If you do not sign up to testify initially, but later decide that you wish to do so, you will be allowed to testify after all scheduled speakers have finished. The primary purpose of the hearings is to obtain input on the proposed rule and DEIS. A public hearing is not an adversarial process. Therefore, we encourage you to limit your testimony to the merits of the provisions of the proposed rule and DEIS. At the hearing, a court reporter will record and make a written record of the statements presented. This written record will be made part of the docket for the rule. If you have a written copy of your testimony, we encourage you to provide a copy to assist the court reporter in preparing the written record. Please do not feel intimidated by either the reporter or the formal structure of the hearing. If you are a disabled individual who needs reasonable accommodation to attend a public hearing, please contact the person listed under FOR FURTHER INFORMATION CONTACT . Dated: October 1, 2007. Foster L. Wade, Deputy Assistant Secretary, Land and Minerals Management. [FR Doc. E7-19961 Filed 10-9-07; 8:45 am] BILLING CODE 4310-05-P POSTAL SERVICE 39 CFR Part 111 New Address Requirements for Automation, Presorted, and Carrier Route Rate Letters AGENCY: Postal Service. ACTION: Proposed rule. SUMMARY: The Postal Service proposes new type size and spacing requirements for delivery addresses on all automation, presorted, and carrier route rate letters. DATES: We must receive your comments on or before December 10, 2007. ADDRESSES: Mail or deliver written comments to the Manager, Mailing Standards, U.S. Postal Service, 475 L'Enfant Plaza, SW., Room 3436, Washington, DC 20260-3436. You may inspect and photocopy all written comments at Postal Service Headquarters Library, 475 L'Enfant Plaza, SW., 11th Floor N, Washington, DC between 9 a.m. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Carrie Witt, 202-268-7279. SUPPLEMENTARY INFORMATION: We are proposing revisions to the address standards for letter-size pieces mailed at automation, presorted, or carrier route rates. Under the new standards, all letters mailed at discount rates must be addressed using a minimum of 8-point type. In addition, for automation rate letters, the lines and the characters in the address must not touch or overlap, and each element on the address line may be separated by no more than three blank character spaces. We are proposing these changes to improve address readability for our high-speed processing systems and for our letter carriers during delivery. Legible, standardized address information enhances the processing and delivery of mail, reduces undeliverable-as-addressed mail, and provides mutual cost reduction opportunities through improved efficiency. We can better ensure effective, accurate, and timely delivery when letter carriers receive mailpieces clearly addressed in a readable format. Many postal processing systems rely on optical character readers that require standardized, high-quality addresses for efficient processing. Even barcoded pieces must include a readable address for systems like the Postal Automated Redirection System (PARS). PARS relies on the printed address to identify and redirect forwardable mail during processing, and pieces read by PARS are instantly routed to their new address for the most efficient delivery. We recently proposed similar address requirements for flat-size mail in preparation for the new Flats Sequencing System technology. These revisions for letters will further promote consistent addressing for both letters and flats and ensure that address standards are met when letters are used as label carriers for flat-size pieces. To mitigate the larger type size requirements in the address block, we are looking at ways to shorten optional endorsement lines and allow mailers to place mailer-specified information (such as customer numbers) to the left of the optional endorsement line when OneCode ACS is used. We are also planning to reduce the amount of clear space required under the Intelligent Mail barcode. We will publish these changes in a future revision. Mailers can also take advantage of the Intelligent Mail barcode to save valuable space on letter-size pieces. One Intelligent Mail barcode can include all tracking and routing information, including ACS and CONFIRM, for that mailpiece. For other ways to reduce address block size, we encourage mailers to refer to Publication 28, *Postal Addressing Standards* (available on Postal Explorer at *pe.usps.com* ; click on “Address Quality” in the left frame, then “Address Management Publications”). Publication 28 also provides tips and best practices to help mailers address all of their mailpieces successfully. Although we are exempt from the notice and comment requirements of the Administrative Procedure Act [5 U.S.C. 553(b), (c)] regarding proposed rulemaking by 39 U.S.C. 410(a), we invite public comments on the following proposed revisions to *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. See 39 CFR 111.1. List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Accordingly, 39 CFR part 111 is proposed to be amended as follows: PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 2. Revise the following sections of *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM), as follows: 200 Discount Mail: Letters and Cards 202 Elements on the Face of a Mailpiece 1.0 All Mailpieces *[Revise 1.2 as follows:]* 1.2 Delivery Address The delivery address specifies the location to which the USPS is to deliver a mailpiece. Except for mail prepared with detached address labels under 602.4.0, the piece must have the address of the intended recipient, visible and legible, only on the side of the piece bearing postage (see 2.0). Use at least 8-point type (8-point type is approximately 1/10 -inch high). An Arial font is preferred. These additional standards apply to automation rate letters: a. The individual characters and the individual lines in the address cannot touch or overlap. A minimum 0.028-inch clear space between lines is preferred. b. Each element on each line of the address may be separated by no more than three blank character spaces. For example, “ANYTOWN U.S. 12345,” *not* “ANYTOWN U.S. 12345.” 230 First-Class Mail 233 Rates and Eligibility 5.0 Additional Eligibility Standards for Automation Rate First-Class Mail Letters 5.4.4 Address Elements *[Revise 5.4.4 to add a new last sentence as follows:]* * * *Addresses must also meet the standards for address placement, line spacing, and type size in 202.1.2. 240 Standard Mail 243 Rates and Eligibility 7.0 Eligibility Standards for Automation Rate Standard Mail 7.1 Basic Eligibility Standards for Automation Rate Standard Mail All pieces in a Regular Standard Mail or Nonprofit Standard Mail automation rate mailing must: *[Revise item d to delete “or numeric equivalent to the delivery point barcode (DPBC)” as follows:]* d. Bear a delivery address that includes the correct ZIP Code or ZIP+4 code and that meets these address quality standards: *[Renumber items d1 and d2 as items d2 and d3. Insert new item d1 as follows:]* 1. The address placement, line spacing, and type size standards in 202.1.2. 700 Special Standards 707 Periodicals 3.0 Physical Characteristics and Content Eligibility 3.2 Addressing 3.2.3 Address Placement *[Revise 3.2.3 to reference the new address standards for letters as follows:]* The delivery address must be clearly visible on or through the outside of the mailpiece, whether placed on a label or directly on the host publication, a component, or the mailing wrapper. If placed on the mailing wrapper, the address must be on a flat side, not on a fold. If a polybag is used, the address must not appear on a component that rotates within the bag, and the address must remain visible throughout the addressed component's range of motion. For flat-size pieces, mailers must follow the additional address placement and formatting standards in 302.2.0 and 302.5.0. For letter-size pieces, mailers must follow the additional address placement and formatting standards in 202.1.0. 13.0 Carrier Route Rate Eligibility 13.1 Basic Standards 13.1.2 Address Quality All pieces in a Periodicals carrier route rate mailing must bear a delivery address that includes the correct ZIP Code or ZIP+4 code and that meets these address quality standards: *[Insert new item d as follows:]* d. For flat-size pieces, mailers must follow the additional address placement and formatting standards in 302.2.0 and 302.5.0. For letter-size pieces, mailers must follow the additional address placement and formatting standards in 202.1.0. We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes if our proposal is adopted. Neva R. Watson, Attorney, Legislative. [FR Doc. E7-19931 Filed 10-9-07; 8:45 am] BILLING CODE 7710-12-P POSTAL SERVICE 39 CFR Part 111 Elimination of Cash and Check Deposits Into Local Trust Accounts for Express Mail Corporate Accounts AGENCY: Postal Service TM . ACTION: Proposed rule. SUMMARY: The Postal Service proposes to revise its Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) by providing Automated Clearing House
(ACH)debit as a new method of payment for Express Mail Corporate Account
(EMCA)customers. The ACH system is a secure, private network that connects banks to one another by way of the Federal Reserve Board. This network enables electronic payments, such as debit card purchases, to be handled and processed. This proposed rule would also eliminate cash and check deposits made into local trust accounts. EMCA customers would still have three options to fund their accounts: Participate in the Centralized Account Processing System (CAPS), use a personal or business credit or debit card, or authorize the USPS to originate an ACH debit from a specified bank account. DATES: Submit comments on or before November 9, 2007. ADDRESSES: Mail or deliver written comments to the Manager, Mailing Standards, U.S. Postal Service, 475 L'Enfant Plaza, SW., Room 3436, Washington, DC 20260-3436. Written comments may also be submitted via fax to 202-268-4955. Copies of all written comments will be available for inspection and photocopying between 9 a.m. and 4 p.m., Monday through Friday, at the Postal Service Headquarters Library, 475 L'Enfant Plaza, SW., 11th Floor North, Washington, DC 20260-0004. FOR FURTHER INFORMATION CONTACT: Joe Owens, 202-268-7460, or Garry A. Rodriguez, 202-268-7281, United States Postal Service. SUPPLEMENTARY INFORMATION: The Postal Service is proposing to eliminate cash and check deposits in local trust accounts and to provide Automated Clearing House
(ACH)as a new method of payment for Express Mail Corporate Account
(EMCA)customers as part of the Postal Service's ongoing mission to help grow revenue in a competitive market by increasing efficiencies, enhancing financial controls, and reducing costs. Currently EMCA customers may use one of the following payment methods to fund their accounts: a. Participate in the Centralized Account Processing System (CAPS). b. Use a personal or business credit card. c. Make an initial deposit with cash or by check of $250, or the total postage and fees expected during the first 4 weeks of account usage, whichever is higher. After the first 4 weeks, the minimum balance in the account must equal an average week's postage and fees, or $100, whichever is higher. Under this proposal, cash and check deposits would be eliminated and customers would be provided with an ACH payment method as a new option. Effective December 1, 2007, new EMCA customers would be required to fund their accounts using one of the following payment methods: a. Use a personal or business credit or debit card. b. Authorize the USPS to originate an ACH debit from a specified bank account. c. Participate in the Centralized Account Processing System
(CAPS)debit only if combined with other PostalOne® accounts such as permit imprint, Periodicals, business reply mail, and Address Element Correction. By using an electronic payment option, customers will no longer have to go to a Post Office TM to make deposits into their EMCA trust accounts. This new payment option enhances financial control by reducing risk and eliminating the administrative costs of pursuing negative balance or delinquent EMCA accounts. Existing EMCA customers who deposit cash and checks in local trust accounts will be transitioned to electronic payment methods during the next year. Details of this effort will be directly communicated to current EMCA customers. Although exempt from the notice and comment requirements of the Administrative Procedure Act [5 U.S.C. of 553(b), (c)] regarding proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites public comment on the following proposed revisions to *Mailing Standards of the United States Postal Service* , Domestic Mail Manual, incorporated in the Code of Federal Regulations. See 39 CFR 111.1, 111.4. List of Subjects in 39 CFR Part 111 Postal Service. PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 2. Amend the following sections of *Mailing Standards of the United States Postal Service,* Domestic Mail Manual
(DMM)as set forth below: 100 Retail Mail 110 Express Mail 114 Postage Payment Methods 2.0 Corporate Accounts 2.4 Minimum Balance For opening and maintaining an account, the mailer may do any of the following: [ *Revise the text in items a, b, and c as follows:* ] a. Use a personal or business credit or debit card. b. Authorize the USPS to originate an ACH debit from a specified bank account. c. Participate in the Centralized Account Processing System
(CAPS)debit only if combined with other PostalOne® accounts such as permit imprint, Periodicals, business reply mail, and Address Element Correction. An appropriate amendment to 39 CFR part 111 to reflect these changes will be published if the proposal is adopted. Neva R. Watson, Attorney, Legislative. [FR Doc. E7-19934 Filed 10-9-07; 8:45 am] BILLING CODE 7710-12-P POSTAL SERVICE 39 CFR Part 111 New Address and Barcode Requirements for Automation, Presorted, and Carrier Route Flat-Size Mail AGENCY: Postal Service. ACTION: Proposed rule. SUMMARY: The Postal Service proposes new address placement requirements for Periodicals, Standard Mail, Bound Printed Matter, Media Mail, and Library Mail flat-size pieces sent at automation, presorted, or carrier route rates. We also propose to require an 11-digit POSTNET barcode or Intelligent Mail barcode on flat-size First-Class Mail, Periodicals, Standard Mail, and Bound Printed Matter sent at automation rates. In addition, we propose related revisions to the address requirements for automation and presorted First-Class Mail flats. DATES: We must receive your comments on or before December 10, 2007. ADDRESSES: Mail or deliver written comments to the Manager, Mailing Standards, U.S. Postal Service, 475 L'Enfant Plaza, SW., Room 3436, Washington, DC 20260-3436. You may inspect and photocopy all written comments at Postal Service Headquarters Library, 475 L'Enfant Plaza, SW., 11th Floor N, Washington, DC between 9 a.m. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Carrie Witt, 202-268-7279. SUPPLEMENTARY INFORMATION: The Postal Service is implementing a new technology, the Flats Sequencing System (FSS), to automate delivery sequencing for flat-size mail. Currently, flat-size mail is sorted mechanically only to the 9-digit ZIP Code or carrier level, and then manually sorted into delivery order by carriers. FSS can sort flat-size mailpieces into delivery sequence, increasing efficiency by reducing carriers' time sorting mail, and allowing carriers to begin delivering mail earlier in the day. Similar technology boosted postal efficiencies in processing and delivering letter mail in the 1990s. We can significantly increase efficiency and reduce delivery costs for flat-size mail with FSS technology. FSS can sequence flat mail at a rate of approximately 16,500 pieces per hour. Scheduled to operate 17 hours per day, each machine will be capable of sequencing 280,500 mailpieces daily to more than 125,000 delivery addresses. As we move toward national deployment of FSS, we are working closely with the mailing industry to make the most of this investment and achieve the lowest combined costs for handling flat-size mail, including developing new standards for optimal addressing. Unlike letter mail, which is fairly uniform in size and address location, flat mail covers a broad range of sizes and has highly variable address placement. We need new mailing standards for this diverse mailstream to promote consistent addressing for all flat-size pieces and ensure efficiency in all flats processing and delivery operations. Toward this goal, we are proposing new standards requiring mailers to use an 11-digit POSTNET barcode or Intelligent Mail barcode on all automation rate First-Class Mail, Periodicals, Standard Mail, and Bound Printed Matter flat-size pieces. Mailers must also place the address in the upper portion of all Periodicals, Standard Mail, Bound Printed Matter, Media Mail, and Library Mail flat-size pieces mailed at automation, presorted, or carrier route rates. Mailers may place the address parallel or perpendicular to the top edge, but not upside down as read in relation to the top edge. For bound or folded pieces not in envelopes or polywrap, the “top” of the mailpiece is the upper edge when the bound or final folded edge is vertical and on the right side of the piece. For enveloped or polywrapped pieces, the “top” is either of the shorter edges. Mailers must address all presorted, carrier route, and automation flat-size mailpieces using a minimum of 8-point type. In addition, for all automation pieces, the lines and the characters in the address must not touch or overlap, and each element of the address line may be separated by no more than three blank character spaces. The new standards will enable FSS to process flat-size pieces in delivery sequence at high speeds and reduce the time carriers spend manually sorting flat-size mail. The new standards further increase efficiency by ensuring that carriers need not reorient flat-size pieces to read the address, whether the mail is held, pulled from a mailbag, or removed from a tray. As we transition to the automated flats processing environment, the Intelligent Mail barcode provides opportunities for mailers to save space within the address block. For example, mailers can include all tracking and routing information and avoid reproducing human-readable ACS codes and keylines. In addition, to further mitigate the larger type size requirements, we are looking at ways to shorten optional endorsement lines and allow mailers to place mailer-specified information (such as customer numbers) to the left of the optional endorsement line when OneCode ACS is used. We may also be able to reduce the amount of clear space required under the Intelligent Mail barcode. We will publish these changes in a future revision. For other ways to reduce address block size, refer to Publication 28, *Postal Addressing Standards* (available on Postal Explorer at *pe.usps.com* ; click on “Address Quality” in the left frame, then “Address Management Publications”). Although we are exempt from the notice and comment requirements of the Administrative Procedure Act [5 U.S.C. 553(b), (c)] regarding proposed rulemaking by 39 U.S.C. 410(a), we invite public comments on the following proposed revisions to *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. See 39 CFR 111.1. List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Accordingly, 39 CFR part 111 is proposed to be amended as follows: PART 111—[AMENDED] 1. The authority citation for 39 CFR Part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 2. Revise the following sections of *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM), as follows: 300 Discount Mail: Flats 302 Elements on the Face of a Mailpiece 1.0 All Mailpieces *[Revise 1.2 as follows:]* 1.2 Delivery Address The delivery address specifies the location to which the USPS is to deliver a mailpiece. Except for mail prepared with detached address labels under 602.4.0, the piece must have the address of the intended recipient, visible and legible, only on the side of the piece bearing postage. Use at least 8-point type (8-point type is approximately 1/10 -inch high). An Arial font is preferred. Additional standards apply to presorted, automation-compatible, and carrier route rate flats mailed at First-Class Mail, Periodicals, Standard Mail, Bound Printed Matter, Media Mail, and Library Mail rates (see 2.0). *[Renumber 2.0 through 4.0 as 3.0 through 5.0. Insert new 2.0 as follows:]* 2.0 Address Placement 2.1 Basic Standards On all Periodicals, Standard Mail, Bound Printed Matter, Media Mail, and Library Mail flats mailed at presorted, automation, or carrier route rates, mailers must place the address block at least 1/8 inch from any edge of the mailpiece. For the purposes of these standards, the “address block” is defined as the recipient's name or other identification; the company information line; the street and number, and any necessary secondary information; and the city, state, and ZIP Code. The address may appear on the front or the back of the mailpiece (but must be on the side bearing postage), parallel or perpendicular to the top edge, but it cannot be upside down as read in relation to the top edge. See 2.2 for additional standards for enveloped or polywrapped pieces, and 2.3 for bound or folded pieces not in envelopes or polywrap. 2.2 Address Placement on Enveloped or Polywrapped Pieces The following standards apply to enveloped or polywrapped Periodicals, Standard Mail, Bound Printed Matter, Media Mail, and Library Mail flats mailed at presorted, automation, or carrier route rates: a. The “top” of the mailpiece is either of the shorter edges. b. If the address is parallel to the top edge, the entire address block must appear within 3 inches of the top of the mailpiece. If the address is perpendicular to the top edge, one edge of the address block (either the first or last possible character) must be within 2 1/2 inches of the top of the mailpiece. See Exhibit 2.3. c. On all pieces, the address block must be at least 1 inch closer to the top than to the bottom of the piece. d. When the address is placed on an insert polywrapped with the host piece,the insert must be secured to maintain address placement throughout processing and delivery. 2.3 Address Placement on Bound or Folded Pieces The following standards apply to bound or folded Periodicals, Standard Mail, Bound Printed Matter, Media Mail, and Library Mail flats mailed at presorted, automation, or carrier route rates not in envelopes or polywrap: a. The “top” is the upper edge of the mailpiece when the bound or final folded edge is vertical and on the right side of the piece. Exception: For Carrier Route (or Enhanced Carrier Route) saturation rate pieces, the “top” of the mailpiece is either of the shorter edges. b. If the address is parallel to the top edge, the entire address block must appear within 3 inches of the top of the mailpiece. If the address is perpendicular to the top edge, one edge of the address block (either the first or last possible character) must be within 2 1/2 inches of the top of the mailpiece. See Exhibit 2.3. c. On all pieces, the address block must be at least 1 inch closer to the top than to the bottom of the piece. **Exhibit 2.3 Address Placement** EP10OC07.005 2.4 Type Size and Line Spacing On all First-Class Mail, Periodicals, Standard Mail, Bound Printed Matter, Media Mail, and Library Mail flats mailed at presorted, automation, or carrier route rates, mailers must print the address using at least 8-point type (8-point type is approximately 1/10 -inch high). An Arial font is preferred. These additional standards apply to automation rate pieces: a. The individual characters and the individual lines in the address cannot touch or overlap. A minimum 0.028-inch clear space between lines is preferred. b. Each element on each line of the address may be separated by no more than three blank character spaces. For example, “ANYTOWN U.S. 12345,” *not* “ANYTOWN U.S. 12345.” 5.0 Barcode Placement *[Revise heading and text of renumbered 5.1 to require 11-digit POSTNET barcodes when a POSTNET barcode is used on automation flat-size pieces, as follows:]* 5.1 Basic Standards On any flat-size piece claimed at automation rates (including machinable barcoded Periodicals rates), the piece must bear one 11-digit POSTNET barcode or one Intelligent Mail barcode under 5.3 or it may bear two 11-digit POSTNET barcodes under 5.4. Other mailer-applied non-USPS barcodes may appear on the address side of the piece if the barcode format is not detectable by automated postal equipment as a routing code. Automation rate flat-size pieces must not bear a 5-digit or a ZIP+4 barcode. *[Further renumber 5.5, DPBC Numeric Equivalent, as new 5.2. Renumber 5.2 through 5.4 as 5.3 through 5.5.]* *[Delete renumbered 5.5, 5-Digit and ZIP+4 Barcode Permissibility. Further renumber 5.6 and 5.7 as 5.5 and 5.6.]* 330 First-Class Mail 333 Rates and Eligibility 5.0 Additional Eligibility Standards for Automation Rate First-Class Mail Flats 5.1 Basic Standards for Automation First-Class Mail All pieces in a First-Class Mail automation rate mailing must: *[Revise item e to require 11-digit POSTNET barcodes or Intelligent Mail barcodes as follows:]* e. Bear an accurate 11-digit POSTNET barcode or Intelligent Mail barcode with a delivery point routing code (either on the piece or on an insert showing through a window) meeting the standards in 302.5.0, Barcode Placement, and *708.4.0, Standards for POSTNET and Intelligent Mail Barcodes.* 5.4 Address Standards for Barcoded Pieces 5.4.4 Address Elements *[Add a new last sentence to 5.4.4 to reference the address placement standards as follows:]* * * * The address must appear on the piece according to 302.2.4. 340 Standard Mail 343 Rates and Eligibility 7.0 Additional Eligibility Standards for Automation Rate Standard Mail Flats 7.1 General All pieces in a Regular Standard Mail or Nonprofit Standard Mail automation rate mailing must: *[Revise item e to require 11-digit POSTNET barcodes or Intelligent Mail barcodes as follows:]* e. Bear an accurate 11-digit POSTNET barcode or Intelligent Mail barcode with a delivery point routing code (either on the piece or on an insert showing through a window) meeting the standards in 302.5.0, *Barcode Placement,* and *708.4.0, Standards for POSTNET and Intelligent Mail Barcodes.* 7.3 Address Standards for Barcoded Pieces 7.3.4 Address Elements *[Add a new last sentence to 7.3.4 to reference the address placement standards as follows:]* * * * The address must appear on the piece according to 302.2.0. 360 Bound Printed Matter 363 Rates and Eligibility 6.0 Additional Eligibility Standards for Barcoded Bound Printed Matter Flats 6.1 General *[Revise 6.1 to require 11-digit POSTNET barcodes or Intelligent Mail barcodes as follows:]* The barcode discount applies only to BPM flat-size pieces that bear a correct, readable 11-digit POSTNET barcode under 708.4.0, *Standards for POSTNET and Intelligent Mail Barcodes* , for the numeric DPBC of the delivery address. Instead of a POSTNET barcode, pieces may bear Intelligent Mail barcodes (under 708.4.0) containing a delivery point routing code for the delivery address. The pieces must be part of a nonpresorted rate mailing of 50 or more flat-size pieces or part of a presorted rate mailing of at least 300 BPM flat-size pieces prepared under 705.8.0, *Preparing Pallets* , and 365.7.0, *Preparing Barcoded Flats* . The barcode discount is not available for flat-size pieces mailed at Presorted DDU rates or carrier route rates. To qualify for the barcode discount, the flat-size piece must meet the standards in 301.3.0, *Additional Criteria for Automation Flats.* 6.3 Address Standards for Barcode Discount 6.3.4 Address Elements *[Add a new last sentence to 6.3.4 to reference the address placement standards as follows:]* * * * The address must appear on the piece according to 302.2.0. 370 Media Mail 373 Rates and Eligibility 3.0 Rate Eligibility for Media Mail Flats 3.3 Delivery and Return Addresses All Media Mail must bear a delivery address. The delivery address on each piece must include the correct ZIP Code or ZIP+4 code. The address must appear on the piece according to 302.2.0. Alternative addressing formats under 602.3.0 or detached address labels under 602.4.0 may be used. Each piece must bear the sender's return address. 380 Library Mail 383 Rates and Eligibility 3.0 Rate Eligibility for Library Mail Flats 3.3 Delivery and Return Addresses All Library Mail must bear a delivery address. The delivery address on each piece must include the correct ZIP Code or ZIP+4 code. The address must appear on the piece according to 302.2.0. Alternative addressing formats under 602.3.0 or detached address labels under 602.4.0 may be used. Each piece must bear the sender's return address. 700 Special Standards 707 Periodicals 3.0 Physical Characteristics and Content Eligibility 3.2 Addressing 3.2.1 General *[Revise 3.2.1 to require 11-digit POSTNET barcodes or Intelligent Mail barcodes on machinable barcoded flats as follows:]* Each addressed piece, including the top copy of a firm bundle, must bear the addressee's name and address. The address must include the correct ZIP+4 code or 5-digit ZIP Code. Flat-size pieces mailed at the machinable barcoded rates must include the correct 11-digit POSTNET barcode or Intelligent Mail barcode (under 708.4.0) containing a delivery point routing code for the delivery address. 3.2.3 Address Placement *[Revise 3.2.3 to reference the new address placement standards as follows:]* The delivery address must be clearly visible on or through the outside of the mailpiece, whether placed on a label or directly on the host publication, a component, or the mailing wrapper. If placed on the mailing wrapper, the address must be on a flat side, not on a fold. If a polybag is used, the address must not appear on a component that rotates within the bag, and the address must remain visible throughout the addressed component's range of motion. For flat-size pieces, mailers must follow the additional address placement and formatting standards in 302.2.0 and 302.5.0. *[Delete Exhibit 3.2.4, Address Placement for Periodicals.]* 3.3 Permissible Mailpiece Components 3.3.10 Label Carrier A label carrier may be used to carry the delivery address for the mailpiece and must consist of a single unfolded, uncreased sheet of card or paper stock, securely affixed to the cover of the publication or large enough so that it does not rotate inside the wrapper, subject to these conditions: *[Insert new item e as follows:]* e. For flat-size pieces, mailers must follow the additional address placement and formatting standards in 302.2.0 and 302.5.0. 13.0 Carrier Route Rate Eligibility 13.1 Basic Standards 13.1.2 Address Quality All pieces in a Periodicals carrier route rate mailing must bear a delivery address that includes the correct ZIP Code or ZIP+4 code and that meets these address quality standards: *[Insert new item d as follows:]* d. For flat-size pieces, mailers must follow the additional address placement and formatting standards in 302.2.0 and 302.5.0. 14.0 Barcoded (Automation) Rate Eligibility 14.1 Basic Standards 14.1.1 General All pieces in a Periodicals barcoded (automation) rate mailing must: *[Revise item b as follows:]* b. Bear a delivery address that includes the correct ZIP Code or ZIP+4 code, and that meets these address quality standards: c. Bear an accurate barcode meeting the standards in 708.4.0, under these conditions: *[Revise item c2 to require 11-digit POSTNET barcodes or Intelligent Mail barcodes as follows:]* 2. If a flat: The mailer may use an 11-digit POSTNET or an Intelligent Mail barcode with a delivery point routing code, under 708.4.0. Mailers may apply the barcode either on the piece or on an insert showing through a window. We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes if our proposal is adopted. Neva R. Watson, Attorney, Legislative. [FR Doc. E7-19932 Filed 10-9-07; 8:45 am] BILLING CODE 7710-12-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants: Eastern New York Chapter of the Nature Conservancy, Enhancement of Survival Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of Availability and Receipt of Application; Request for Comments. SUMMARY: The Eastern New York Chapter of The Nature Conservancy
(TNC)has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival Permit
(ESP)pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (Act), as amended. The requested permit, which is for a period of 50 years, includes a draft Safe Harbor Agreement
(SHA)for the Karner blue butterfly in portions of Albany, Saratoga, Schenectady, and Warren Counties, New York. A draft Environmental Assessment (EA), pursuant to the National Environmental Policy Act of 1969 (NEPA), is also available for public review. We are requesting comments on this application. DATES: Written comments on the permit application, SHA, and EA must be received on or before November 9, 2007. ADDRESSES: Please address comments to Field Office Supervisor, New York Field Office, 3817 Luker Road, Cortland, New York 13045; facsimile 607-753-9699. Please refer to permit TE162713-0 when submitting comments. FOR FURTHER INFORMATION CONTACT: David Stilwell or Robyn Niver at the New York Field Office (see ADDRESSES above), telephone 607-753-9334; facsimile 607-753-9699, or *Robyn_Niver@fws.gov* . SUPPLEMENTARY INFORMATION: Document Availability Individuals wishing copies of the permit application or the draft EA, or copies of the full text of the proposed SHA, should contact the office and personnel listed in the ADDRESSES section. Documents also will be available for public inspection, by appointment, during normal business hours at this office (see ADDRESSES ). We specifically request information, views, and opinions from the public on the proposed Federal action of issuing a permit. Further, we solicit information regarding the adequacy of the SHA as measured against our permit issuance criteria found in 50 CFR 17.22(c). Before including your address, telephone number, electronic mail address, or other personal identifying information in your comment, be advised that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. Background TNC has applied to the Service for a section 10(a)(1)(A) ESP for the endangered Karner blue butterfly in portions of 4 eastern New York counties (Albany, Saratoga, Schenectady, and Warren) for a period of 50 years. TNC plans to implement a programmatic SHA program on non-Federal and non-TNC lands in eastern New York to promote the recovery of the Karner blue butterfly on enrolled private lands located in the counties listed above. The conservation measures will improve and maintain pitch pine scrub oak barrens oak-pine savannahs, and tall grass prairie openings through mowing, tree clearing, and grubbing, removal of debris, prescribed burning, limited use of herbicides, and planting seeds or seedlings by hand or mechanical equipment. TNC may also employ captive-rearing and translocation methods to enhance butterfly colonization of sites. Due to the programmatic nature of the SHA, baseline conditions will be determined at the time of enrollment. Baseline conditions for most properties are anticipated to be zero. Where properties are determination to have an environmental baseline greater than zero, these areas shall be described in the cooperative agreement between TNC and the property owner, with detailed descriptions and maps showing the locations of existing habitat attached to the cooperative agreement. Under an SHA, a participating property owner voluntarily undertakes management activities on their property to enhance, restore, or maintain habitat benefiting species listed under the Act. Safe Harbor Agreements encourage private and other non-Federal property owners to implement conservation efforts for listed species by assuring property owners they will not be subject to increased property use restrictions if their efforts attract listed species to their property or increase the numbers or distribution of listed species already on their property. The draft EA considers the environmental consequences of three alternatives, including a no-action alternative, the proposed action, and an alternative involving individual SHAs with the Service. Decision We provide this notice pursuant to section 10(c) of the Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6). We will evaluate the permit application, the proposed SHA, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Action and NEPA regulations. If the requirements are met, we will sign the proposed SHA and issue an enhancement of survival permit under section 10(a)(1)(A) of the Act to TNC for take of Karner blue butterfly incidental to otherwise lawful activities of the project. We will not make a final decision until after the end of the 30-day comment period and will fully consider all comments received during the comment period. Authority: The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). Dated: August 24, 2007. Thomas J. Healy, Acting Regional Director, Region 5. [FR Doc. E7-19882 Filed 10-9-07; 8:45 am] BILLING CODE 4310-55-P 72 195 Wednesday, October 10, 2007 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request October 3, 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)720-8681. 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. Forest Service *Title:* Publications Evaluation Card. *OMB Control Number:* 0596-0163. *Summary of Collection:* Executive Order 12862 issued September 11, 1993, directed Federal agencies to change the way they do business, to reform their management practices, to provide service to the public that matches or exceeds the best service available in the private sector, and to establish and implement customer service standards to carry out principles of the National Performance Review. In response to this Executive Order, the Forest Service
(FS)Southern Research Station developed a “Publication Comment” Card for inclusion when distributing scientific research publications. FS has come to realize that some changes in their publications may be necessary to achieve their goals and wishes to elicit voluntary feedback from their readers to help determine the changes to make. FS will collect information using the comment card. *Need and Use of the Information:* FS will collect information, which will ask the respondents to rate the publication that they received or read. The information will be used to improve the readability and usefulness of FS articles, papers, and books. The collected information also helps scientists and authors provide relevant information on effective, efficient, responsible land management. If the information is not collected FS will forgo any opportunity to learn if publications meet customers' expectations and address customer's needs. *Description of Respondents:* Individuals or households. *Number of Respondents:* 72,000. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 4,800. Forest Service *Title:* Homeowner Response to Wildfire Hazard Mitigation Incentives: What Works and What Doesn't. *OMB Control Number:* 0596-NEW. *Summary of Collection:* This project assists the Forest Service in implementing the Healthy Forest Restoration Act (Act), Pub. L. 108-148, by supporting development of Community Wildfire Protection Plans as required under this Act. According to federal land managers, the cost of protecting private property in areas near public forests, known as the wildland-urban interface (WUI), is growing rapidly. The Forest Service would like to find ways to help local communities share the responsibility for community fire protection. *Need and Use of the Information:* Information will be collected from homeowners in high-risk WUI areas in four different locations. A self-administrated mail survey questionnaire will be sent to participating homeowners asking about their knowledge and understanding of local wildfires, their own efforts to protect their homes, why they do or do not comply with local guidelines and laws, and the effectiveness and fairness of local wildfire protection programs and programs of other communities. The information will be used to prepare guidance materials to help local community's structure local defensible space policies and promotional materials. Results will be used to develop a matrix of options intended to assist policy makers, resource managers, community officials, and residents in determining and initiating the most effective and efficient wildland fire abatement programs for their jurisdictions. *Description of Respondents:* Individuals or households. *Number of Respondents:* 2,000. *Frequency of Responses:* Reporting: One time. *Total Burden Hours:* 500. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E7-19873 Filed 10-9-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0093] Notice of Request for Extension of Approval of an Information Collection; Chronic Wasting Disease in Cervids; Payment of Indemnity AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Extension of approval of an information collection; comment request. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the payment of indemnity for the voluntary depopulation of captive cervid herds known to be affected with chronic wasting disease. DATES: We will consider all comments that we receive on or before December 10, 2007. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2007-0093 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2007-0093, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0093. *Reading Room:* You may read any comments that we receive on this docket 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. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: For information on regulations for the payment of indemnity for the voluntary depopulation of captive cervid herds known to be affected with chronic wasting disease, contact Dr. Dean Goeldner, Chronic Wasting Disease Program Manager, Ruminant Health Programs, NCAHP, VS, APHIS, 4700 River Road, Unit 43, Riverdale, MD 20737;
(301)734-4916. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at
(301)734-7477. SUPPLEMENTARY INFORMATION: *Title:* Chronic Wasting Disease in Cervids; Payment of Indemnity. *OMB Number:* 0579-0189. *Type of Request:* Extension of approval of an information collection. *Abstract* : The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture regulates the importation and interstate movement of animals and animal products, and conducts various other activities to protect the health of our Nation's livestock and poultry. In connection with this mission, APHIS established regulations to provide for the payment of indemnity by USDA for the voluntary depopulation of captive cervid herds known to be affected with chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy of cervids (elk, deer, and other members of the deer family) and is typified by chronic weight loss leading to death. The presence of CWD in cervids causes significant economic and market losses to U.S. producers. The regulations in 9 CFR part 55 authorize the payment of indemnity for the voluntary depopulation of CWD-positive, -exposed, or -suspect captive cervids. In order to take part in the indemnity program, cervid producers must apply for participation, must sign a payment, appraisal, and agreement form, and must certify as to whether any other parties hold mortgages on the herd. These requirements involve the use of two information collection instruments: An Appraisal/Indemnity Claim Form (VS Form 1-23) and a Herd Plan Agreement. We are asking the Office of Management and Budget
(OMB)to approve our use of these information collection activities for an additional 3 years. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning this information collection. These comments will help us:
(1)Evaluate 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;
(2)Evaluate the accuracy of our estimate of the burden of the information collection, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses. *Estimate of burden:* The public reporting burden for this collection of information is estimated to average 1 hour per response. *Respondents:* Cervid herd owners; State personnel who perform appraisal and herd plan work. *Estimated annual number of respondents:* 10. *Estimated annual number of responses per respondent:* 1. *Estimated annual number of responses:* 10. *Estimated total annual burden on respondents:* 10 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) 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. Done in Washington, DC, this 3rd day of October 2007. Cindy J. Smith, Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-19883 Filed 10-9-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Forest Service Apache-Sitgreaves National Forests, Apache, Greenlee and Navajo Counties, AZ; Apache-Sitgreaves National Forests Public Motorized Travel Management Plan AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The Forest Service proposes to designate which routes (roads and trails) and areas on federal lands administered by the Forest Service within the Apache-Sitgreaves National Forests (Forests) are open to motorized travel. In doing so, the agency will comply with the requirements of the Forest Service 2005 Travel Management Rule. The Forest Service will produce a Motorized Vehicle Use Map
(MVUM)that reveals those routes and areas on the Apache-Sitgreaves National Forests that are open to motorized travel. The MVUM will be the primary tool used to determine compliance and enforcement with motor vehicle use designations on the ground. Existing routes, user-created routes and areas not designated as open on the MVUM will be legally closed to motorized travel except as allowed by permit or other authorization. Cross-country motorized travel will be prohibited except by special permit. The decisions on motorized travel do not include over-snow travel or existing winter-use recreation. DATES: Comments concerning the scope of the analysis must be received by January 11, 2008. The draft environmental impact statement is expected to be released in September 2008, and the final environmental impact statement is expected in December 2008. ADDRESSES: Send written comments to Travel Management, Apache-Sitgreaves National Forests, P.O. Box 640, Springerville, AZ 85938. Electronic comments may be sent to *comments-southwestern-apache-sitgreaves@fs.fed.us* with “Travel Management” in the subject line. Electronic comments must be readable in Microsoft Word (.doc), rich text (.rtf), Portable Document Format (pdf), text (.txt), or hypertext markup language (.html). FOR FURTHER INFORMATION CONTACT: Jim Copeland, Team Leader at
(928)333-4301/(928) 339-4384. Purpose and Need for Action The purpose of this action is to improve management of motorized (36 CFR 212.1, *Motor Vehicle* ) vehicle travel on National Forest System
(NFS)lands within the Apache-Sitgreaves National Forests (Forests) in accordance with provisions identified in 36 CFR parts 212, 251, 261, and 295 *Travel Management; Designated Routes and Areas for Motor Vehicle Use; Final Rule* . Currently, wheeled motorized vehicle travel by the public is not prohibited off designated routes except by signed Forests Orders. The number of user created routes continues to grow each year, with many routes having environmental impacts and safety concerns that have not been addressed. Therefore, there is a need to manage the Forests' transportation system in a sustainable manner through designation of NFS roads, motorized NFS trails, and areas for motor vehicle use, and the prohibition of motorized cross-country travel (except by permit or special order). Proposed Action The proposed action is to designate roads, trails, and areas open to motorized travel on lands administered by the Apache-Sitgreaves National Forests (Forests). Where it is appropriate and necessary, the designations will also specify seasons of use, type of vehicle(s) permitted, and types of use for those roads, trails, and areas. In doing so, the Forests will comply with requirements of the Forest Service 2005 Travel Management Rule (36 CFR part 212). As a result of these travel management decisions, the Forests will produce a Motorized Vehicle Use Map
(MVUM)depicting those routes and areas on the Apache-Sitgreaves National Forests that are open to motorized travel. The MVUM will be the primary tool used to determine compliance and enforcement with motor vehicle use designations on the ground. Existing routes, user-created routes and areas not designated as open on the MVUM will be legally closed to motorized travel except as allowed by permit or other authorization. Cross-country motorized travel will be prohibited except by special permit. In order to implement the proposed action, it would be necessary to amend some existing direction and terminology in the 1987 *Apache-Sitgreaves National Forests Plan* , as amended. These changes to the Forests Plan direction would be enduring changes and would apply to this decision and all subsequent project decisions unless and until further modified. Proposed travel management-related changes to the Forests Plan are based on elements of the travel management rule, public meeting comments, District and Core Travel Management Team recommendations, and Forests Leadership Team decisions. The goal is to provide a transportation system that is within the Forests' ability to manage (operate and maintain) and provide a variety of users with a diverse experience while minimizing impacts to natural resources. The Forests transportation system open to motorized travel under this proposal would be approximately 2,892 miles. This is a change of approximately 56 miles from the existing condition of approximately 2,948 open miles. In addition, hundreds of miles of currently used closed roads (roads identified as closed in the Forests' database) and user created roads not identified as open under this proposal would no longer be open to motorized use. New project decisions, subsequent to this decision could change this system without amending the Forests Plan. The proposed transportation system was developed with extensive public input and addresses a variety of concerns, including access to private lands within the National Forests boundary, funding, and access to the Forests for motorized and non-motorized recreation. Specifically, this proposed transportation system would allow for a balance between various recreational and commercial uses of the Forests. It would provide for various forms of reasonable motorized use on a designated system of routes in a responsible manner that addresses multiple resource concerns. The proposed transportation system is depicted in detail on the *Apache-Sitgreaves National Forests Travel Management Plan Proposed Action Map* located on the Forests Web Site: *http://www.fs.fed.us/r3/asnf/projects/travel-mangement.shtml* . In addition, maps will be available for viewing at: Supervisor's Office, 30 South Chiricahua St., Springerville, AZ. Alpine Ranger District, Junction Hwy 180 & 191, Alpine, AZ. Black Mesa Ranger District, 2748 E. Hwy 260, Overgaard, AZ. Clifton Ranger District, 397240 AZ 75, Duncan, AZ. Springerville Ranger District, 165 S. Mountain Ave., Springerville, AZ. Lakeside Ranger District, 2022 W. White Mountain Blvd., Lakeside, AZ. Other existing routes not shown on this map would not be open to public motorized travel. New routes would not be created except by written decision of an authorized Forest Service official. Unauthorized new routes would not be approved for public travel. If this proposal is selected for implementation, the information on this map would become the Motor Vehicle Use Map
(MVUM)required by regulation and agency policy. Under this proposal most of the route mileage would occur on existing National Forest System
(NFS)routes currently open to the public for motorized travel. This proposal also includes designation of some currently unauthorized routes to connect existing NFS routes. Approximately 8 miles of NFS roads would be designated for mixed-use as “roads open to all vehicles.” NFS roads not considered for mixed-use would be designated as “roads open to highway legal vehicles only” (2,627 miles), or “routes open only to vehicles 50” or “less in width” (257 miles) . This proposal would allow cross-country motorized game retrieval, up to 1 mile from a designated route, of legally harvested elk and mule deer during certain seasons, in certain Game Management Units, during certain times of the day. This proposal would also allow CHAMP permit holders the ability for cross-country motorized game retrieval, up to 1 mile from a designated route, of legally harvested elk, mule deer, and black bear. Cross-country motorized big game retrieval
(MBGR)will be subject to other existing regulations intended to protect natural and/or heritage resources. This includes compliance with regulations addressing use of vehicles off roads (36 CFR 261.15), National Forest Wilderness (36 CFR 261.18), and National Forest Primitive Areas (36 CFR 261.21), as well as other applicable laws and regulations. No MBGR will be allowed in Wilderness or Primitive Areas. The intent of this segment of the proposal is to reduce spoilage and waste by providing reasonable access to downed animals that are difficult to move long distances without motorized assistance. Motorized cross-country retrieval of other game animals would not be allowed under this proposal because these animals are small enough to retrieve without motorized assistance. This proposal is consistent with 36 CFR 212.51(8)(b) and the recommendation from Arizona Game and Fish Department. This proposal would allow forest products gathering, such as firewood and pinyon nuts, following Regional Office guidelines for Forestry Program Activities. Motorized cross-country travel to facilitate the gathering of forest products will be managed by the Forests product permit system. The permit issued for gathering of forest products will specify what, if any, motorized cross-country travel is authorized for the purposes of gathering those products. Removal of lighter forest products such as plants, plant parts, dry cones, grasses, grass seed, pinyon seed, herbs and edibles, mistletoe and mushrooms, would not generally require motorized cross-country travel, and motorized cross-country travel would not generally be authorized. Tribal rights would be honored through free permits. This proposal would allow dispersed camping off designated routes, in certain areas, under certain conditions. In all cases where dispersed camping is allowed, motorized vehicles would be restricted to within 300 feet from the centerline of designated routes, using the most direct route to the camp site. This would allow for reasonable recreational use of the Forests while reducing the potential for resource damage. Designated routes along which dispersed camping would be allowed will be shown on the MVUM. This proposal would allow dispersed camping at designated dispersed campsites, in certain areas, under certain conditions. In all cases where camping at designated dispersed campsites is allowed, motor vehicles would be restricted to within 100 feet from the sign designating the dispersed campsite. Motor vehicles would use the most direct route to the campsite. This would allow for reasonable recreational use of the Forests while reducing the potential for resource damage. Designated dispersed campsites will be shown on the MVUM. Under this proposal, off-road parking would be allowed along designated routes under certain conditions. Primary considerations in designating this policy were user safety and resource protection. Draft Forest Service Manual direction would allow parking off designated routes, not to exceed a distance of one vehicle length. This proposal would allow cross-country motorized travel in seven designated Areas that total approximately 1,433 acres. This would allow for reasonable recreational use of the Forests while reducing the potential for resource damage. Designated cross-country travel Areas will be shown on the MVUM. Responsible Official The Responsible Official is Elaine Zieroth, Forests Supervisor, Apache-Sitgreaves National Forests, P.O. Box 640, Springerville, AZ 85938. Nature of Decision To Be Made Based on the purpose and need for the proposed action, the Forests Supervisor will evaluate the Proposed Action and other alternatives in order to decide whether to adopt and implement the proposed action, an alternative to the proposed action, or take no action to make changes to the existing Apache-Sitgreaves National Forests transportation system. Once the decision is made, the Apache-Sitgreaves National Forests will publish a Motor Vehicle Use Map identifying the roads, trails, and areas that are designated for motor vehicle use. The MVUM shall specify the classes of vehicles and, if appropriate, the times of year for which use is designated. Federal land managers are directed (Executive Order 11644, 36 CFR 212, and 43 CFR 8342.1) to provide for public use of routes designated as open, to ensure that the use of motorized vehicles and off-road vehicles will be controlled and directed so as to protect the resources of those lands under their authority, to promote the safety of users, and to minimize conflicts among various users of federal lands. Public Involvement Preliminary public involvement was initiated in June, 2006, in an effort to familiarize the public and stakeholders with the objectives of travel management. The Apache-Sitgreaves National Forests hosted and participated in numerous public meetings and workshops across the Forests and local communities. The National Off-Highway Vehicle Conservation Council (NOHVCC) in cooperation with the Apache-Sitgreaves National Forests conducted OHV Route Designation Workshops November 16-19, 2006 in Show Low, AZ for agency personnel and the public. The purpose of these workshops was to assist the Forest Service and public in effective implementation of the USFS Travel Management Rule. The public was also asked to provide input to the Forests on routes they wanted to remain open and/or closed or those routes that may be in conflict with other desired conditions. Initial public involvement continues up to the point that this NOI is published in the **Federal Register** . To date, the Forests have received over 7,000 comments including numerous comments on individual routes, a large number of general comments, and some area-wide comments. This preliminary public input has been invaluable in helping the Forests develop this proposed action. A summary of the comments received to date is posted on the Forests Web Site *http://www.fs.fed.us/r3/asnf/projects/travel-mangement.shtml.* Scoping Process Public participation will be especially important at several points during the analysis. The Forests will be seeking information, comments, and assistance from Federal, State, and other local agencies and other individuals or organizations that may be interested in or affected by the proposed action. The Forests will conduct meetings to solicit comments from the public and interested parties on this proposal. The meetings are scheduled from 5 p.m. to 8 p.m. at the following locations: Lakeside, AZ—November 6, 2007 (Tuesday), Blue Ridge Junior High School Cafeteria, 1200 West White Mountain Blvd. Eagar, AZ—November 7, 2007 (Wednesday), Eagar Town Hall, 22 West 2nd St. Clifton, AZ—November 8, 2007 (Thursday), Clifton Community Center, Clifton Train Depot, 100 North Coronado Blvd (U.S. Highway 191). Overgaard, AZ—November 13, 2007, (Tuesday), Rim Country Senior Center, 2171 B Street. Alpine, AZ—November 14, 2007, (Wednesday), Alpine Community Center, 42661 U.S. Highway 180. Notices of these meetings and requests for comments will be posted on the Forests Web Site and will be published in local newspapers of record. Based on comments received as a result of this notice and after the Forests have conducted public meetings and afforded the public sufficient time to respond to the proposed action, the Forests will use the public scoping comments and resource related input from the interdisciplinary team and other agency resource specialists to develop a set of significant issues to carry forward into the environmental analysis process. The draft environmental impact statement
(EIS)is expected to be filed with the Environmental Protection Agency
(EPA)and available for public review in September, 2008. EPA will publish a notice of availability of the draft EIS in the **Federal Register** . The comment period on the draft EIS will extend 45 days from the date the EPA notice appears in the **Federal Register** . At that time, the draft EIS will be posted on the Forests Web Site and copies will be distributed to interested and affected agencies, organizations, and members of the public for their review and comment. It is very important that those interested in the management of the Apache-Sitgreaves National Forest participate at that time. Those who provide comments during the official 45-day comment period are eligible to appeal the decision under 36 CFR part 215. Interest expressed or comments provided on this project prior to or after the close of the official comment period will not constitute standing for appeal purposes. Comments must meet the requirements of 36 CFR 215.6. The final EIS is scheduled to be completed in January, 2009. In the final EIS, the Forests are required to respond to substantive comments received during the comment period that pertain to the environmental consequences discussed in the draft EIS and applicable laws, regulations, and policies considered in making the decision. Preliminary Issues The Forests have received some indications of potential issues from the initial public involvement process. Those potential issues include:
(1)Resource damage caused by inappropriate types of vehicle use, ( *e.g.* motorized vehicles in fragile or steep terrain); proliferation of routes ( *e.g.* parallel trails or roads, continued traffic on closed roads and travel off designated routes); and continued use during seasonal restrictions ( *e.g.* routes closed to protect resources during wet or muddy seasons).
(2)Disturbing or harming wildlife by using routes in important or critical wildlife habitat areas, too many roads in wildlife habitat areas, and disturbances to wildlife during critical lifecycle periods.
(3)Concerns about recreational opportunities, including loss of recreational opportunities if cross-country and existing routes are closed to motorized travel; loss of primitive or semi-primitive non-motorized recreation opportunities if more routes or areas are opened to motorized travel; and how to appropriately and reasonably accommodate the rapidly growing number of motorized users desiring to use federal lands for recreational riding of OHVs.
(4)Concerns on how the system might be designed to facilitate effective enforcement.
(5)Safety concerns on routes where multiple vehicle types ( *e.g.* full-sized trucks and cars, ATVs, motorcycles) are allowed at the same time.
(6)Impacts to multiple use management of the Forests if routes are reduced. The Forests recognize that this list of issues is not complete and will be further defined and refined as scoping continues. The Forests intend to develop a comprehensive list of significant issues before the full range of alternatives is developed and the environmental analysis is begun. Comment Requested This notice of intent initiates the scoping process which guides the development of the environmental impact statement for the Apache-Sitgreaves National Forests Public Wheeled Motorized Travel Management Plan. 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 Forests believe, 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 draft EIS comment period so that substantive comments and objections are made available to the Forests at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forests 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: October 2, 2007. Robert S. Taylor, Acting Forests Supervisor, Apache-Sitgreaves National Forests. [FR Doc. E7-19872 Filed 10-9-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Caribou-Targhee National Forest, Idaho; Smokey Canyon Mine, Panels F & G FEIS Update AGENCY: Forest Service, USDA. ACTION: Revision of the Revised Notice of Intent to prepare an Environmental Impact Statement for the Smoky Canyon Mine Panels F & G Project, as published in the **Federal Register** pages 77118 to 77120 on December 29, 2005 (Vol. 70, No. 249). This revision includes a change of the project schedule. SUMMARY: The USDA, Forest Service, DOI, Bureau of Land Management and Idaho Department of Environmental Quality prepared a Draft Environmental Impact Statement that documented the analysis and disclosed the environmental impacts of the proposed Smoky Canyon Mine, Panels F and G Project, a phosphate mine expansion. The DEIS was released for comment in December 2005 and a Notice of Availability was published in the **Federal Register** on December 29, 2005. This revised Notice of Intent is to document a change in the schedule for the release of the FEIS. In the original NOI, dated September 15, 2003, the tentative date for release of the FEIS was September 2005; in the update to the NOI on December 29, 2005 the FEIS was scheduled for release in July, 2006. Due to scheduling changes, the release of the FEIS is now scheduled for October 2007. DATES: A FEIS is expected to be completed by the end of October, 2007. ADDRESSES: For further information, mail correspondence to Jeff Jones, Team Leader, Caribou-Targhee National Forest, 4350 Cliff Drive, Pocatello, ID 83204 or telephone
(208)236-7572. Dated: October 3, 2007. Lawrence Timchak, Forest Supervisor. [FR Doc. 07-4972 Filed 10-09-07; 8:45 am]
Connectionstraces to 18
Traces to 18 documents
18 references not yet in our index
  • 14 CFR 39
  • 26 CFR 1
  • 39 CFR 111
  • 50 CFR 17
  • 50 CFR 17.22(c)
  • 40 CFR 1506.6
  • Pub. L. 104-13
  • Pub. L. 108-148
  • 9 CFR 55
  • 36 CFR 212
  • 43 CFR 8342.1
  • 36 CFR 215
  • 36 CFR 215.6
  • 435 U.S. 519
  • 803 F.2d 1016
  • 490 F. Supp. 1334
  • 40 CFR 1503.3
  • 40 CFR 1501.7
Citation graph
cites case law
Rules and Regulations
Notice of proposed rulemaking (NPRM)
Fed. Reg.Proposed Rules
Fed. Reg.Notices
U.S.C.§ 106
C.F.R.§ 39.19
U.S.C.§ 553
U.S.C.§ 410
C.F.R.§ 111.1
U.S.C.§ 552
U.S.C.§ 101
SCOTUS435 U.S. 519
F. App'x803 F.2d 1016
F. Supp.490 F. Supp. 1334
Cites 36 · showing 12Cited by 0 across 0 sources
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