Proposed Rules. Approval of an information collection; comment request

Agency: Animal and Plant Health Inspection Service, USDA
Action: Approval of an information collection; comment request
Citation: 72 FR (No. 236) · FR Doc. 07-5994 · Docket No. APHIS-2007-0137

Summary

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of new information collection activities associated with a program to prevent the spread of Phytophthora ramorum to noninfested areas of the United States.

Dates

We will consider all comments that we receive on or before February 8, 2008.

Supplementary Information

Title: Phytophthora ramorum Surveys and Data Collection Form. OMB Number: 0579-xxxx. Type of Request: Approval of an information collection. Abstract: As authorized by the Plant Protection Act (PPA) (7 U.S.C. 7701 et seq. ), the Secretary of Agriculture may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, means of conveyance, or other article if the Secretary determines that the prohibition or restriction is necessary to prevent a plant pest or noxious weed from being introduced into or disseminated within the United States. This authority has been delegated to the Animal and Plant Health Inspection Service (APHIS), which conducts various regulatory programs under the PPA. One such program concerns a plant disease known as sudden oak death (SOD), ramorum leaf blight or ramorum dieback, which is caused by the pathogen Phytophthora ramorum. Beginning in 1995, oak and tanoak plants in coastal counties of California were found to be dying from this disease. Since then, other types of plants also have been found to be infected or associated with this disease, and the pathogen has been confirmed in additional areas. APHIS continues to define the extent of the pathogen's distribution in the United States and to limit its artificial spread beyond infected areas through quarantine and regulations and a public education program. As part of these efforts, APHIS has developed questionnaires for property owners or managers at sites where infected plants are found and where we are surveying for the presence of possible infected plants. The questionnaires are intended to gather information that will help determine the possible sources of infection. APHIS has also developed a data collection form that will be used to record information about locations found to have infected plants. This data will assist the Agency in determining how the pathogen is spreading. We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities for 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 0.25 hours per response. Respondents: Property owners or managers at sites where infected plants are found. Estimated annual number of respondents: 166. Estimated annual number of responses per respondent: 18. Estimated annual number of responses: 2,922. Estimated total annual burden on respondents: 733 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 4th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-23881 Filed 12-7-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Locatable Minerals AGENCY: Forest Service, USDA. ACTION: Notice; Request for Comment. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, Locatable Minerals. DATES: Comments must be received in writing on or before February 8, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable. ADDRESSES: Comments concerning this notice should be addressed to Forest Service, U.S. Department of Agriculture, Director, Minerals and Geology Management Staff, Mail Stop 1126, 1601 N. Kent Street, 5th Floor, Arlington, VA 22209. Comments also may be submitted via facsimile to 703-605-1575 or by e-mail to: 36cfr228a@fs.fed.us . The public may inspect comments received at the Office of the Director, Forest Service Minerals and Geology Management Staff, 1601 N. Kent Street, 5th Floor, Arlington, VA during normal business hours. Visitors are encouraged to call ahead to 703-605-4794 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Tony Ferguson, Director, Minerals and Geology Management, at 703-605-4785. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339, 24 hours a day, every day of the year, including holidays. SUPPLEMENTARY INFORMATION: Title: Locatable Minerals. OMB Number: 0596-0022. Expiration Date of Approval: June 30, 2008. Type of Request: Extension of a currently approved collection. Abstract: This collection of information is necessary to ensure minimal environmental impacts associated with locatable mineral operations on National Forest System (NFS) lands to the extent practicable. Forest Service regulations at 36 CFR 228.5 require mining operators, with some exceptions, to notify the authorized Forest Service officer of the intent to conduct a locatable mineral operation on NFS lands by filing a Notice of Intent or Plan of Operations. Title 36 CFR 228.10 requires mining operators to submit a Cessation of Operation when mining operations temporarily cease for other than seasonal closure. There is not a required format for the information collection, but all information identified in 36 CFR part 228 must be included. Form FS-2800-5, Plan of Operations for Mining Activities on National Forest System Lands, is available for use by mining operators to simplify this process. The information required in a Plan of Operations, detailed in 36 CFR 228.4(c), (d), and (e), includes: 1. The name and legal mailing address of operators (and claimants if they are not the same) and their lessees, assigns, or designees; 2. A map or sketch showing information sufficient to locate: a. The proposed area of operations on the ground, b. Existing and/or proposed roads or access routes to be used in connection with the operation as set forth in 36 CFR 228.12 on access, and c. The approximate location and size of areas where surface resources will be disturbed; 3. Information sufficient to describe: a. The type of operations proposed and how they would be conducted, b. The type and standard of existing and proposed roads or access routes, c. The means of transportation used or to be used as set forth in 36 CFR 228.12, d. The period during which the proposed activity will take place, and e. Measures to be taken to meet the requirements for environmental protection in 36 CFR 228.8. A Notice of Intent is required, as detailed in 36 CFR 228.4(a)(2), to include information sufficient to identify the area involved, the nature of the proposed operation, the route of access to the area of operations, and the method of transport. A Cessation of Operations is required, as detailed in 36 CFR 228.10, to include verification of intent to maintain structures, equipment, and other facilities, expected reopening date, and an estimate of extended durations of operations. These collections of information are crucial to protecting surface resources, including plants, animals, and their habitat, as well as public safety on NFS lands. The authorized Forest Service official will use the collected information to ensure that the exploration, development, and production of mineral resources are conducted in an environmentally sensitive manner; that these mineral operations are integrated with the planning and management of other resources using the principles of ecosystem management; and that lands disturbed by mineral operations are reclaimed using the best scientific knowledge and returned to other productive uses. Without this information, the Forest Service would not comply with Federal Regulations and locatable mineral operations could result in undue damage to surface resources. Estimate of Annual Burden: 12 hours (10 hours—Plans of Operation; 1 hour—Notice of Intent; 1 hour—Cessation of Operations). Type of Respondents: Mining operators. Estimated Annual Number of Respondents: 3,255 (750—Plans of Operations; 2,500—Notices of Intent; 5—Cessation of Operations). Estimated Annual Number of Responses per Respondent: 1. Estimated Total Annual Burden on Respondents: 10,005 hours (10 hours × 750 Plans of Operations = 7,500; 1 hour × 2,500 Notices of Intent = 2,500; 1 hour × 5 Cessation of Operations = 5; 7,500 + 2,500 + 5 = 10,005). Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for Office of Management and Budget approval. Dated: November 26, 2007. Gloria Manning, Associate Deputy Chief, National Forest System. [FR Doc. E7-23834 Filed 12-7-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares AGENCY: Forest Service, USDA. ACTION: Notice; Request for Comment. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, Small Business Timber Sale Set-Aside Program: Appeal Procedures on Recomputation of Shares. DATES: Comments must be received in writing on or before February 8, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable. ADDRESSES: Comments concerning this notice should be addressed to Sharon Nygaard-Scott, Forest Management Staff, Forest Service, USDA, Mail Stop 1103, 1400 Independence Avenue, SW., Washington, DC 20250. Comments also may be submitted via facsimile to 202-205-1045 or by e-mail to: wosbaprocess@fs.fed.us. In addition, comments may be submitted via the World Wide Web/Internet at: http://www.regulations.gov. The public may inspect comments received at the Forest Service, Forest Management Staff Office, Third Floor SW, 201 14th Street, SW., Washington, DC, during normal business hours. Visitors are encouraged to call ahead to 202-205-1766 to facilitate entrance into the building. FOR FURTHER INFORMATION CONTACT: Sharon Nygaard Scott, Forest Management Staff, at 202-205-1766. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339, 24 hours a day, every day of the year, including holidays. SUPPLEMENTARY INFORMATION: Title: Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares OMB Number: 0596-0141 Expiration Date of Approval: July 31, 2008 Type of Request: Extension of a currently approved collection Abstract: The Forest Service adopted the Small Business Timber Sale Set-Aside Program on July 26, 1990 (55 FR 30485). The Agency administers the program in cooperation with the Small Business Administration (SBA) under the authorities of the Small Business Act of 1998, the National Forest Management Act of 1976, and SBA regulations in 13 CFR part 121. The program is designed to ensure that small business timber purchasers have the opportunity to purchase a fair proportion of National Forest System timber offered for sale. Under the program, the Forest Service must recompute the shares of timber sales to be set aside for qualifying small businesses every 5 years based on the actual volume of saw timber that has been purchased by small businesses. Shares must be recomputed if there is a change in manufacturing capability, if the purchaser size class changes, or if certain purchasers discontinue operations. In 1992, the Agency adopted new administrative appeal procedures (36 CFR part 215), which excluded the Small Business Timber Sale Set-Aside Program. Prior to adoption of 36 CFR part 215, the Agency had accepted appeals of recomputations decisions under 36 CFR part 217; and therefore decided to establish procedures for providing notice to affected purchasers offering an opportunity to comment on the recomputation of shares (61 FR 7468). The Conference Report accompanying the 1997 Omnibus Appropriation Act directed the Forest Service to reinstate an appeals process for decisions concerning recomputation of Small Business Set-Aside shares, structural recomputations of SBA shares, or changes in policies impacting the Small Business Timber Set-Aside Program prior to December 31, 1996. The Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares (36 CFR part 223) outlines the types of decisions that are subject to appeal, who may appeal decisions, the procedures for appeal decisions, the timelines for appeal, and the contents of the notice of appeal. The Forest Service provides qualifying timber sale purchasers 30 days for predecisional review and comment on draft decisions to reallocate shares, including the data used in making the proposed recomputation decision. Within 15 days after the close of the 30-day predecisional review period, an Agency official makes a decision on the shares to be set aside for small businesses and gives written notice of the decision to all parties on the national forest timber sale bidders list for the affected area. The written notice provides the date by which the appeal may be filed and how to obtain information on appeal procedures. Only those timber sale purchasers, or their representatives, affected by small business share timber sale set-aside recomputation decisions who have submitted predecisional comments may appeal recomputation decisions. The appellant must file a notice of appeal with the appropriate Forest Service official within 20 days of the date of the notice of decision. The notice of appeal must include: 1. The appellant's name, mailing address, and day-time telephone number; 2. The title and date of the decision; 3. The name of the responsible Forest Service official; 4. A brief description and date of the decision being appealed; 5. A statement of how the appellant is adversely affected by the decision being appealed; 6. A statement of facts in dispute regarding the issue(s) raised by the appeal; 7. Specific references to law, regulation, or policy that the appellant believes have been violated (if any) and the basis for such an allegation; 8. A statement as to whether and how the appellant has tried to resolve the appeal issues with the appropriate Forest Service official, including evidence of submission of written comments at the predecisional stage; and 9. A statement of the relief the appellant seeks. The data gathered in this information collection is not available from other sources. Estimate of Annual Burden: 4 hours. Type of Respondents: Timber sale purchasers, or their representatives, who are affected by recomputations of the small business share of timber sales. Estimated Annual Number of Respondents: 40. Estimated Annual Number of Responses per Respondent: 2. Estimated Total Annual Burden on Respondents: 320. Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for Office of Management and Budget approval. Dated: November 27, 2007. Gloria Manning, Associate Deputy Chief, National Forest System. [FR Doc. E7-23836 Filed 12-7-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Bridger-Teton National Forest, Wyoming, Supplemental Analysis To Consider Potential Field Development (Master Development Plan) Subsequent to Proposed Exploratory Drilling by Plains Exploration and Production Company (PXP) Within the South Rim Unit on the Big Piney Ranger District AGENCY: Forest Service, USDA. ACTION: Supplemental notice of intent to prepare an environmental impact statement. SUMMARY: The Bridger-Teton National Forest prepared a Draft Environmental Impact Statement (DEIS) in response to a request from PXP to drill an exploratory well on the Big Piney Ranger District, along with two additional wells on the same drill pad should the initial well be productive. After release of the DEIS for the Eagle Prospect exploratory wells and in response to public comments and a request from PXP relative to cumulative effects, the Forest will expand the analysis to address a potential field development scenario or master Development Plan, as provided for in the newly revised Onshore Order No. 1. this constitutes a substantial change in the proposed action analyzed in the DEIS and therefore requires the Forest to revise the analysis and prepare a new DEIS. DATES: Comments concerning the expanded scope of the analysis must be postmarked by February 7, 2008. Comments previously submitted as part of the original scoping or comments submitted on the Eagle Prospect DEIS released in February of 2007 need not be re-submitted. The new DEIS is expected in May of 2008 and the Final Environmental Impact Statement (FEIS) is expected in March of 2009. ADDRESSES: Send written comments to Greg Clark, District Ranger, Big Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307-276-5810). Send electronic comments to: comments-intermtn-bridger-teton@fs.fed.us, Subject “PXP Master Development Plan.” FOR FURTHER INFORMATION CONTACT: Greg Clark, District Ranger, Big Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307-276-5810). SUPPLEMENTARY INFORMATION: Plains Exploration and Production Company (PXP) submitted an Application for Permit to Drill (APD) for the Eagle 1-8 exploratory well and APDs for the Eagle 2-8 and 3-8 wells, which would be drilled from the same well pad. A DEIS for this project was released to the public in February 2007. Based on comments received and discussions with various agencies, PXP has decided to incorporate a Master Development Plan into their original exploratory proposal for the Eagle Prospect. The intent is to drill the originally proposed well and if successful, drill the Eagle 2-8 and 3-8 wells. The Master Development Plan provides a potential development scenario that could occur based on the results of the initial wells. Consideration of the Master Development Plan allows for analysis of potential cumulative effects early in the process. If subsequent development occurs, and occurs within the parameters of the approved Master Development Plan, further analysis will not be required. The Master Development Plan includes planned, anticipated, and potential development facilities which will be dependent on the results of the first wells drilled. Some or all of the Master Development Plan may never occur. If full implementation of the Master Development Plan occurs, including exploratory drilling and potential development scenario, the plan would potentially involve 136 wells being drilled from 17 well pads, construction of 15 miles of new non-system roads, and reconstruction or realignment of 14 miles of existing system roads on National Forest System (NFS) lands. About 400 acres of potential new surface disturbance from roads, well pads, gathering lines for gas and produced liquids buried immediately adjacent to roads, and other facilities would be anticipated. The total potential disturbance represents about one well pad per section and a 40-acre spacing for well bottomhole locations. Purpose and Need for Action The Forest Service has previously approved surface operating requirements in the form of lease stipulations and notices, and BLM has incorporated these provisions within oil and gas leases which authorize the exploration for and the development of federal oil and gas resources in this area. The purpose and need for action is to determine whether and how (with what conditions of approval) to approve the exploration and potential development identified in the Master Development Plan submitted by PXP for lease operations on the Big Piney District, Bridger-Teton National Forest. The Forest Service needs to make a decision regarding the Master Surface Use Plan of Operations and the BLM needs to make a decision regarding the overall Master Development Plan and associated APDs. Proposed Action The proposed action is for the Forest Service to approve, with appropriate mitigation, the Master Surface Use Plan of Operations portion of the Master Development Plan, including necessary access and related facilities associated with the exercise of PXP's lease rights, and for the BLM to approve, with appropriate conditions of approval, the Master Development Plan and associated APDs. Possible Alternatives The alternatives to be considered for the Master Development Plan will focus on parameters for development rather than specific orientation of the well pad or a surveyed access road location. Specific surveys and designs will be completed before approval of subsequent APDs as part of implementation under the Master Development Plan. Three preliminary alternatives have been identified: (1) The no action alternative, (2) the proposed action—approval of PXP's Master Development Plan which includes three pending APDs and potential future development, and (3) the approval of the proposed Master Development Plan with modifications. As part of the project design, the Forest has worked closely with PXP in the development of a plan that included consideration of lease stipulations, Forest Plan standards and guidelines, and other resource needs. Components of the proposed project that did not meet those requirements were modified in the design stage. Access alternatives, including the use of helicopters instead of roads, will be fully explored as potential modifications to the Master Development Plan. Lead and Cooperating Agencies The Forest Service is the lead agency. The BLM and the State of Wyoming are cooperating agencies. Responsible Official The responsible Forest officer for the decision on the surface use portion of the Master Development Plan is Greg Clark, District Ranger, Big Piney Ranger District, P.O. Box 218, Big Piney, Wyoming 83113 (307-276-5810). The responsible BLM official for the final decision on the Master Development Plan and associated APDs, which will incorporate the Forest Service decision, is Robert A. Bennett, State Director, BLM—Wyoming State Office, P.O. Box 1828, Cheyenne, Wyoming 82009. Nature of Decision To Be Made The Forest Service decision will be whether to approve the Master Surface Use Plan of Operations submitted by PXP for the proposed exploration and potential development outlined in the Master Development Plan for the Eagle Prospect and Noble Basin areas. The Forest Service decision will specify appropriate mitigation, access requirements, gathering lines, other facilities, and design criteria that will be applied to project implementation. The BLM will review the Master Drilling Plan submitted by PXP and make a final decision on the Master Development Plan and associated APDs. Subsequent processing of APDs and related authorizations constitutes implementation of this decision so long as all authorizing actions are consistent with lease terms and within the scope and framework of the approved Master Development Plan. Scoping Process The first formal opportunity to respond to the proposed action listed above was during the original public scoping process (40 CFR 1501.7) for the Notice of Intent published in the Federal Register on January 11, 2006. A scoping notice was also published in the Casper Star Tribune on January 13, 2006. Scoping for a supplemental statement is not required (40 CFR 1502.9(c)(4), but due to the change in the scope of the analysis, the Forest is soliciting comments specific to the Master Development Plan and potential field development. Issues raised during the initial scoping period or the public comment period on the Eagle Prospect DEIS need not be re-submitted. Letters will be sent to the Forest mailing list of known interested parties. Public meetings in Jackson and Pinedale, Wyoming are anticipated during January of 2008. The time and place for any public meetings will be published in the local papers and posted on the Forest Web site. The scoping process will assist the Forest in identifying specific issues to be addressed related to the purpose and need and the scope of the decision. Mail comments to the addresses given above for further information. Ongoing information related to the proposed action and related analysis will be posted on the Bridger-Teton National Forest Web site http://www.fs.fed.us/r4/btnf . Preliminary Issues Preliminary issues associated with the proposed action include: (1) The drilling and production of the proposed wells could impact air quality and air quality related values, with emphasis on cumulative effects due to extensive development in the Pinedale area. (2) The development of a transportation system to support field development could adversely affect wildlife habitat, movements or migration routes in the area. Permits or Licenses Required If the decision is for the Forest Service to approve PXP's Surface Use Plan of Operations and the BLM to approve the Master Development Plan and associated APDs, subsequent APDs will be authorized through the approved Master Development Plan. (Onshore Order No. 1 Section III.H.) Comment Requested This notice of intent re-opens the scoping process which guides the development of the environmental impact statement. Comments submitted in response to the initial notice of intent need not be re-submitted and remain a part of the project record. Early Notice of Importance of Public Participation in Subsequent Environmental Review: A new DEIS will be prepared for comment. The comment period on the DEIS will be for a period of 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service begins, 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 a DEIS 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 DEIS stage but that are not raised until after completion of the FEIS may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period on the DEIS so that substantive comments and objections are made available to the Forest Service at a time when the agency can meaningfully consider them and respond to them in the FEIS. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the DEIS 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 DEIS 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: December 3, 2007. Gregory Clark, District Forest Ranger/Big Piney Ranger District. [FR Doc. 07-5994 Filed 12-7-07; 8:45 am]