Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Notices 62989 

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–2006–0155, 

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–

2006–0155. 

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 plum pox 

compensation, contact Mr. Stephen Poe, 

Senior Operations Officer, Emergency 

and Domestic Programs, PPQ, APHIS, 

4700 River Road Unit 36, Riverdale, MD 

20737; (301) 734–8899. 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: 

Plum Pox Compensation. 

OMB Number: 0579–0159. 

Type of Request: Extension of 

approval of an information collection. 

Abstract: The Plant Protection Act (7 

U.S.C. 7701 et seq.) authorizes the 

Secretary of Agriculture, either 

independently or in cooperation with 

the States, to carry out operations or 

measures to detect, eradicate, suppress, 

control, prevent, or retard the spread of 

plant pests, such as plum pox, that are 

new to or not widely distributed within 

the United States. 

Plum pox is an extremely serious viral 

disease of plants that can affect many 

Prunus (stone fruit) species, including 

plum, peach, apricot, almond, nectarine, 

and sweet and tart cherry. A number of 

wild and ornamental Prunus species 

may also be susceptible to this disease. 

Infection eventually results in severely 

reduced fruit production, and the fruit 

that is produced is often misshapen and 

blemished. Plum pox virus is 

transmitted locally by a variety of aphid 

species, as well as by budding and 

grafting with infected plant material, 

and spreads over longer distances 

through movement of infected 

budwood, nursery stock, and other plant 

parts. 

There are no known effective methods 

for treating trees or other plant material 

infected with plum pox, nor are there 

any known effective prophylactic 

treatments to prevent the disease from 

occurring in trees exposed to the disease 

due to their proximity to infected trees 

or other plant material. Without 

effective treatments, the only option for 

preventing the spread of the disease is 

the destruction of infected and exposed 

trees and other plant material. 

The regulations in ‘‘Subpart-Plum 

Pox’’ (7 CFR 301.74–301.74–5) 

quarantine areas of the United States 

where plum pox has been detected, 

restrict the interstate movement of host 

material from quarantined areas, and 

provide for compensation to owners of 

commercial stone fruit orchards and 

fruit tree nurseries whose trees or 

nursery stock were destroyed to 

eradicate plum pox. 

Section 310.74–5 requires applicants 

for the payment of compensation to 

complete a form. 

We are asking the Office of 

Management and Budget (OMB) to 

approve our use of this information 

collection activity for an additional 3 

years. 

This notice includes a description of 

the information collection requirement 

currently approved by the Office of 

Management and Budget (OMB) for 

plum pox compensation under numbers 

0579–0159 and 0579–0251. After OMB 

approves and combines the burden for 

both collections under one collection 

(number 0579–0159), the Department 

will retire number 0579–0251. 

The purpose of this notice is to solicit 

comments from the public (as well as 

affected agencies) concerning our 

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: Owners of commercial 

stone fruit orchards and owners of fruit 

tree nurseries. 

Estimated Annual Number of 

Respondents: 4. 

Estimated Annual Number of 

Responses per Respondent: 1. 

Estimated Annual Number of 

Responses: 4. 

Estimated Total Annual Burden on 

Respondents: 1 hour. (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 23rd day of 

October 2006. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E6–18042 Filed 10–26–06; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Black Hills National Forest, Mystic 

Ranger District, South Dakota, Section 

30 Limestone Mining Proposal 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement 

SUMMARY: A Plan of Operation has been 

submitted by Pete Lien and Sons, Inc., 

for the purpose of mining for chemical 

grade limestone within mining claims 

on National Forest System land. The 

proposal is to mine within Pennington 

County totaling approximately 100 acres 

about one mile north of the northwest 

boundary of Rapid City, South Dakota. 

DATES: Comments concerning the scope 

of the analysis would be most useful if 

received 30 days following the date of 

this notice. The draft environmental 

impact statement is expected to be 

available for public review in the Fall of 

2007 and the final environmental 

impact statement is expected to be 

completed by the Spring of 2008. 


jlentini on PROD1PC65 with NOTICES
62990 Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Notices 

ADDRESSES: Send written comments to 

Frank Carroll, Acting District Ranger, 

Black Hills National Forest, Mystic 

Ranger District, S–30 Limestone Mining 

Operation, 8221 South Highway 16, 

Rapid City, South Dakota 57702. 

Telephone number: (605) 343–1567. Email: comments-rocky-mountain-blackhills-mystic@fs.fed.us with ‘‘Section 30’’

as the subject. Electronic comments 

must be readable in Word, RichText or 

pdf formats. 

FOR FURTHER INFORMATION CONTACT: 

Dave Slepnikoff, Project Coordinator, 

Black Hills National Forest, Mystic 

Ranger District, at above address, phone 

(605) 343–1567. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The Purpose and Need for this project 

is authorization of Pete Lien and Sons, 

Inc., proposal to exercise their rights 

under U.S. mining laws while 

protecting the environment in 

accordance with Forest Service 

regulations for locatable minerals. The 

Purpose and Need has several 

components. Pete Lien and Sons, Inc. 

has a statutory right to extract locatable 

minerals (chemical grade limestone) as 

proposed in accordance with the 

General Mining Law of 1872, as 

amended (30 U.S.C. 21–54). The Forest 

Service has the responsibility to protect 

surface resources of National Forest 

System lands to the extent practicable. 

Forest Service mining regulations state 

that, ‘‘operations shall be conducted so 

as, where feasible, to minimize adverse 

impacts on National Forest System 

surface resources (36 CFR 228.8).’’

Proposed Action 

The proposed action is to approve the 

Plan of Operation (PoO) submitted by 

Pete Lien and Sons, Inc. to mine 

approximately 100 acres of National 

Forest System land on the PLS 30–1 

through PLS 30–10 Lode Mining Claims, 

SDMMC #209097. The Plans of 

Operation was developed by Pete Lien 

and Sons, Inc. It was submitted to the 

Forest Service in accordance with the 

General Mining Law of 1872, as 

amended and Forest Service mining 

regulations at 36 CFR part 228 Subpart 

A. The Project is located between Rapid 

City and Black Hawk, South Dakota. 

Legal description is; T.2N., R.7E., NE1⁄4

Section 30, BHM. 

The Plan of Operation is summarized 

as follows: 

• It is estimated that the operation 

will process approximately 10 million 

tons of limestone. The life of the 

proposed mine is estimated at 10 years, 

not including final reclamation. 

• Remove vegetation, stockpile 

topsoil for future reclamation, drill and 

blast rock to remove an approximate 20- 

foot bed of limestone rock resulting in 

an open pit with approximately 20-foot 

high walls. 

• Blasted rock may be crushed on site 

to reduce size for hauling. Raw 

materials will be hauled to the east of 

Highway 79 for processing into 

chemical grade limestone products. 

• Concurrent reclamation is planned. 

Therefore approximately 60 acres will 

be disturbed at any one time. 

Reclamation will result in a depression 

on the existing hillside. High walls will 

be reduced, site graded, topsoil applied, 

and vegetation planted once mineral 

extraction is complete. 

• The Mine Safety and Health 

Administration (MSHA) will be 

responsible or enforcing mine safety 

regulations. The mine site will be 

enclosed by fences and gates as required 

by MSHA and other regulatory 

guidance. 

Pete Lien and Sons, Inc. will secure 

permits for all mining and reclamation 

activities as required by law. Several 

permits have been obtained or will be 

obtained pending the NEPA analysis 

and decision. Notable permit 

requirements include: 

• Clean Water Act—Apply for 

construction/mining activity permit 

with National Pollutant Discharge 

Elimination System (NPDES). 

• Clean Air Act—Permit or permits 

will be obtained to ensure that 

equipment and dust control measures 

comply with the Clean Air Act. 

• South Dakota Mining License—Pete 

Lien and Sons, Inc. currently has a 

mining license inclusive of the relevant 

portion of section 30. The proposed 

mine may be exempt from further state 

permitting per a statutory exemption for 

the extraction of cement precursors. 

• Pennington County Construction 

(Mining) Permit—Pete Lien and Sons, 

Inc. will notify the County of its 

schedule and plans to initiate mining on 

section 30. Construction permit CP 01– 

05 specifies the scope of the County’s 

further review of road impacts, 

drainage, and other matters related to 

mining on section 30. 

It is possible that Forest Plan 

direction may need to be amended for 

one or more resources, to allow a 

decision on this project. Any 

appropriate amendment(s) will be part 

of the proposal. 

Craig Bobzien, Forest Supervisor, 

Black Hills National Forest, 1019 North 

5th Street, Custer, South Dakota 57730– 

7239. 

Nature of Decision To Be Made 

The Forest Supervisor will decide 

whether the proposed action will 

proceed as proposed or as modified by 

an alternative. Also, he will decide 

which recommended mitigation 

measures and monitoring requirements 

will be applied. Finally, he will decide 

if a Forest Plan Amendment is required. 

Scoping Process 

The Forest Service will advertise the 

proposal in the Rapid City Journal, 

newspaper of record. The project will be 

listed in the Black Hills National Forest 

Quarterly NEPA calendar. Adjacent 

landowners, known interested parties, 

and government agencies will be sent 

letters describing the project and 

identifying the project timeframe. 

Scoping comments are requested by 

November 27, 2006. An informational 

and public meeting is scheduled for 

November 14, 2006 at 7 p.m. in the 

Black Hawk Elementary School 

Gymnasium regarding this project 

proposal. 

Preliminary Issues 

At this time, project planners are 

aware of issues related to cultural 

(heritage) resources and scenic quality. 

Through the Scoping process, we will 

use comments obtained about the 

proposed action to determine the 

breadth of issues to be addressed in the 

analysis. 

The potential for adverse effects to 

heritage resources has been identified as 

an issue for this proposed undertaking. 

A number of archaeological sites have 

been identified and recorded in the 

project area as a result of heritage 

resource surveys. Five of these sites 

have been evaluated as eligible for 

nomination to the National Register of 

Historic Places. Through consultation 

with Indian tribes, use of this area for 

religious activities has also been 

documented. Pursuant to the National 

Historic Preservation Act (NHPA), the 

Forest is in consultation with Indian 

tribes and the South Dakota State 

Historic Preservation Office to develop 

measures of avoidance and/or 

mitigation for significant cultural and 

archaeological values by the proposed 

undertaking. Successful completion of 

consultation pursuant to the NHPA 

would result in a Memorandum of 

Agreement that will implement 

avoidance or mitigation of significant 

heritage resources in the Area of 

Potential Effect. 

The existing vegetation will be 

removed prior to mining. The current 

scenic view will be altered from visible 

vantage points. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Notices 62991 

Comment Requested 

This notice of intent initiates the 

scoping process which guides the 

development of the environmental 

impact statement. The Forest Service is 

seeking information that planners may 

not be aware of, or if you have 

comments and/or concerns regarding 

potential effects of the proposal to 

authorize mining on the Section 30 PLS 

Lode Mining Claims. 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 

for 45 days from the date the 

Environmental Protection Agency 

publishes the Notice of Availability in 

the Federal Register. The Forest Service 

believes, at this early stage, it is 

important to give reviewers notice of 

several court rulings related to public 

participation in the environmental 

review process. First, reviewers of draft 

environmental impact statements must 

structure their participation in the 

environmental review of the proposal so 

that it is meaningful and alerts an 

agency to the reviewer’s position and 

contentions. Vermont Yankee Nuclear 

Power Corp. vs. NRDC, 435 U.S. 519, 

553 (1978). Also, environmental 

objections that could be raised at the 

draft environmental impact statement 

stage but that are not raised until after 

completion of the final environmental 

impact statement may be waived or 

dismissed by the courts. City of Angoon 

v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 

1986) and Wisconsin Heritages, Inc. v. 

Harris, 490 F. Supp. 1334, 1338 (E.D. 

Wis. 1980). Because of these court 

rulings, it is very important that those 

interested in this proposed action 

participate by the close of the 45-day 

comment period so that substantive 

comments and objections are made 

available to the Forest Service at a time 

when it can meaningfully consider them 

and respond to them in the final 

environmental impact statement. 

To assist the Forest Service in 

identifying and considering issues and 

concerns on the proposed action, 

comments on the draft environmental 

impact statement should be as specific 

as possible. It is also helpful if 

comments refer to specific pages or 

chapters of the draft statement. 

Comments may also address the 

adequacy of the draft environmental 

impact statement or the merits of the 

alternatives formulated and discussed in 

the statement. Reviewers may wish to 

refer to the Council on Environmental 

Quality Regulations for implementing 

the procedural provisions of the 

National Environmental Policy Act at 40 

CFR 1503.3 in addressing these points. 

Comments received, including the 

names and addresses of those who 

comment, will be considered part of the 

public record on this proposal and will 

be available for public inspection. 

(Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21) 

Dated: October 19, 2006. 

Craig Bobzien, 

Forest Supervisor, Black Hills National Forest. 

[FR Doc. 06–8898 Filed 10–26–06; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of New Fee; Federal Lands 

Recreation Enhancement Act (Title VIII, 

Pub. L. 108–447) 

AGENCY: National Forests in Florida, 

Ocala National Forest. USDA Forest 

Service. 

ACTION: Notice of New Fee Site. 

SUMMARY: The USDA Forest Service 

proposes a new fee site that will involve 

a special recreation permit for each 

operator using the Ocala National Forest 

designated off-highway vehicle trail 

system. There would be a choice 

between a three-consecutive day 

permits ($15) or an annual permit 

(proposed to be between $60 and up to 

$120 pending final financial and 

marketing analysis, public input, and 

agency review). The Forest Service will 

use funds generated to sustain the trail 

system, facilities, patrols, and 

monitoring. 

The Ocala National Forest is 

committed to providing quality 

motorized recreation in balance with 

what the land can support. The Ocala 

National Forest recently designated 

approximately 150 miles of off-highway 

vehicle trails for motorcycles and 

unlicensed all-terrain vehicles that 

consist of mixed-use roads, ATV/ 

motorcycle trails, and motorcycle-only 

trails. Analysis has begun to consider 

additional designated trails on the Ocala 

National Forest which would be 

included in the fee permit system. 

DATES: The proposed fee would be 

initiated no sooner than April 1, 2007. 

Comments, concerns, or questions on 

this proposal must be submitted by 

October 30, 2006. 

ADDRESSES: Submit comments, 

concerns, or questions about this 

proposal to District Ranger, Ocala 

National Forest, 40929 State Road 19, 

Umatilla, Florida 3448–5849. 

FOR FURTHER INFORMATION CONTACT: 

Contact Bret Bush, Recreation Program 

Manager, 352–625–2520 extension 2509. 

SUPPLEMENTARY INFORMATION: The 

Federal Recreation Lands Enhancement 

Act (Title VIII, Pub. L. 108–447) 

directed the Secretary of Agriculture to 

publish a six-month advance notice in 

the Federal Register whenever new 

recreation fee areas are established. The 

Recreation Resource Advisory 

Committee will review proposals for 

new fees at least three months prior to 

the recommended initiation date. 

Dated: October 3, 2006. 

John Richard Lint, 

District Ranger, Ocala National Forest. 

[FR Doc. 06–8929 Filed 10–26–06; 8:45 am] 

BILLING CODE 3410–11–M 

ANTITRUST MODERNIZATION 

COMMISSION 

Public Meeting 

AGENCY: Antitrust Modernization 

Commission. 

ACTION: Notice of public meeting. 

SUMMARY: The Antitrust Modernization 

Commission will hold a public meeting 

on November 14, 2006. The purpose of 

the meeting is for the Antitrust 

Modernization Commission to 

deliberate on possible recommendations 

regarding the antitrust laws to Congress 

and the President. 

DATES: November 14, 2006, 9:30 a.m. to 

approximately 4 p.m. Advanced 

registration is required. 

ADDRESSES: Morgan Lewis, Main 

Conference Room, 1111 Pennsylvania 

Avenue, NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Heimert, Executive Director & 

General Counsel, Antitrust 

Modernization Commission: telephone: 

(202) 233–0701; e-mail: info@amc.gov. 

Mr. Heimert is also the Designated 

Federal Officer (DFO) for the Antitrust 

Modernization Commission. 

For Registration: For building security 

purposes, advanced registration is 

required. If you wish to attend the 

Commission meeting, please provide 

your name by e-mail to 

meetings@amc.gov or by calling the 

Commission offices at (202) 233–0701. 

Please register by 12 noon on November 

13, 2006. 

SUPPLEMENTARY INFORMATION: The 

purpose of this meeting is for the 

Antitrust Modernization Commission to 

deliberate on its report and/or 


jlentini on PROD1PC65 with NOTICES