This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

63510

Vol. 62, No. 230

Monday, December 1, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

Notice of Intent to Grant Exclusive

License

AGENCY: Agricultural Research Service,

USDA.

ACTION: Notice of Intent.

SUMMARY: Notice is hereby given that

the U.S. Department of Agriculture,

Agricultural Research Service, intends

to grant to Water & Oil Technologies,

Inc., of Montgomery, Illinois, an

exclusive license to U.S. Patent

4,871,556, issued 10/03/89, entitled

‘‘Inhibition of Warmed-Over Flavor and

Preserving of Uncured Meat Containing

Materials.’’ Notice of Availability was

published in the Federal Register on

September 22, 1988.

DATES: (Federal Register) Comments

must be received on or before January

30, 1998.

ADDRESSES: Send comments to: USDA,

ARS, Office of Technology Transfer,

Room 415, Building 005, BARC-West,

Beltsville, Maryland 20705–2350.

FOR FURTHER INFORMATION CONTACT: June

Blalock of the Office of Technology

Transfer at the Beltsville address given

above; telephone: 301–504–5989.

SUPPLEMENTARY INFORMATION: The

Federal Government’s patent rights to

this invention are assigned to the United

States of America, as represented by the

Secretary of Agriculture. It is in the

public interest to so license this

invention as Water & Oil Technologies,

Inc., has submitted a complete and

sufficient application for a license. The

prospective license will be royaltybearing and will comply with the terms

and conditions of 35 U.S.C. 209 and 37

CFR 404.7. The prospective license may

be granted unless, within sixty (60) days

from the date of this published Notice,

the Agricultural Research Service

receives written evidence and argument

which establishes that the grant of the

license would not be consistent with the

requirements of 35 U.S.C. 209 and 37

CFR 404.7.

Richard M. Parry, Jr.,

Assistant Administrator.

[FR Doc. 97–31383 Filed 11–28–97; 8:45 am]

BILLING CODE 3410–03–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

[Docket No. 97–105–1]

Availability of Horse Protection

Strategic Plan

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public of

the availability of the Animal and Plant

Health Inspection Service Horse

Protection Strategic Plan.

ADDRESSES: Copies of the Animal and

Plant Health Inspection Service Horse

Protection Strategic Plan are available

and may be obtained either by

contacting the person listed under FOR

FURTHER INFORMATION CONTACT, or

electronically at http://

www.aphis.usda.gov/ac. A copy of the

strategic plan is also available for public

inspection at USDA, room 1141, South

Building, 14th Street and Independence

Avenue SW., Washington, DC, between

8 a.m. and 4:30 p.m., Monday through

Friday, except holidays. Persons

wishing to inspect this document are

requested to call the reading room in

advance at (202) 690–2817.

FOR FURTHER INFORMATION CONTACT: Dr.

Richard Watkins, Initiatives

Coordinator, USDA, APHIS, Animal

Care, 4700 River Road, Unit 84,

Riverdale, MD 20737–1234, (301) 734–

4981.

SUPPLEMENTARY INFORMATION: The

practice known as ‘‘soring’’ is the

causing of pain in Tennessee Walking

Horses and other gaited horses, in order

to affect their performance. The Horse

Protection Act (HPA) (11 U.S.C. et seq.)

was enacted for the purpose of

eliminating soring by prohibiting the

showing, exhibition, transport or sale of

sore horses. Exercising its rulemaking

and enforcement authority under the

HPA, the Animal and Plant Health

Inspection Service (APHIS) issues and

enforces regulations regarding horse

protection at title 9, chapter I, part 11,

of the Code of Federal Regulations.

In 1995, APHIS initiated development

of a Horse Protection Strategic Plan,

designed to achieve the elimination of

soring by strengthening APHIS’s

relationship with the walking horse

industry. APHIS drafted a preliminary

Strategic Plan, then convened three

public meetings in 1996 to gather

comments regarding the plan. The

meetings were open forums attended by

APHIS personnel, horse industry

organization representatives, animal

interest groups, and other individuals.

APHIS considered all comments

received at these forums, and revised its

preliminary plan accordingly. We are

giving notice that the final Horse

Protection Strategic Plan is available to

the public.

Done in Washington, DC, this 21st day of

November, 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–31353 Filed 11–28–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Forest Service

Swamp Timber Sales and Associated

Activities; Kootenai National Forest,

Lincoln County, Montana

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to prepare an

environmental impact statement.

SUMMARY: The USDA, Forest Service,

will prepare an Environmental Impact

Statement (EIS) to disclose the

environmental effects of timber harvest

(including salvage of beetle-killed

lodgepole pine and windthrown trees),

prescribed fire, watershed

rehabilitation, year-round road

restrictions, road obliteration,

construction of temporary roads and

reconstruction of specified roads in the

Swamp Analysis Area on the Fortine

Ranger District of the Kootenai National

Forest. The Swamp Analysis Area is

located approximately 30 air miles

northeast of Libby, Montana, near the

communities of Trego, Fortine and

Eureka, Montana.

The proposed actions to harvest and

reforest timber stands, improve stream
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Notices 63511

and watershed conditions, reconstruct,

rehabilitate or obliterate roads, restrict

road access and underburn forest fuels

and debris are being considered together

because they represent either connected

or cumulative actions as defined by the

Council on Environmental Quality (40

CFR 1508.25). The purposes of the

project are: (1) To manage for a diversity

of plant communities and age classes to

meet the specific habitat requirements

for a variety of plant and animal species;

(2) to provide timber to support local,

regional, and national needs; and (3) to

manage for stable stream channels,

viable and productive habitats for

aquatic species, and water quality that

meets or exceeds State of Montana water

quality goals.

The EIS will tier to the Kootenai

National Forest Land and Resource

Management Plan and Final EIS of

September, 1987, which provides

overall guidance for forest management

of the area. All activities associated with

the proposal will be designed to

maintain high quality wildlife, fisheries,

and watershed objectives.

DATES: Written comments and

suggestions should be postmarked or

received by December 31, 1997.

ADDRESSES: The Responsible Official is

Edward C. Monnig, District Ranger,

Fortine Ranger District, P.O. Box 116,

Fortine, Montana, 59918. Written

comments and suggestions concerning

the scope of the analysis may be sent to

him at that address.

FOR FURTHER INFORMATION CONTACT:

Michael Liu, Project Leader, Fortine

Ranger District. Phone: (406) 882–4451.

SUPPLEMENTARY INFORMATION: The

Swamp Decision Area contains

approximately 40,680 acres of land

within the Kootenai National Forest in

Lincoln County, Montana. All of the

proposed projects would occur on

National Forest lands in the Swamp,

Beaver and Edna Creek drainages near

Trego, Montana.

The legal location of the Swamp

Decision Area is as follows: All or

portions of Sections 1–3 and 11–12 of

Township 32 North, Range 28 West;

Sections 2–11 and 14–16 of Township

32 North, Range 27 West; Section 36 of

Township 33 North, Range 28 West;

Sections 1–4, 8–17, and 19–36 of

Township 33 North, Range 27 West;

Sections 1–11, 14–22, and 29–32 of

Township 33 North, Range 26 West;

Sections 24–26 and 34–36 of Township

34 North, Range 27 West; and Sections

17–36 of Township 34 North, Range 26

West; Principal Montana Meridian,

Lincoln County, Montana.

All proposed activities are outside the

boundaries of any roadless area or any

areas considered for inclusion to the

National Wilderness System as

recommended by the Kootenai National

Forest Plan or by any past or present

legislative wilderness proposals.

The Forest Service proposes to

harvest approximately 36,600 hundred

cubic feet (CCF), the equivalent of 15

million board feet (MMBF), of timber

through application of a variety of

harvest methods on approximately 4780

acres of forest land within the Swamp

Decision Area. Use of existing and

temporary roads would be needed to

access timber harvest areas. An

estimated 47 miles of existing roads

would be reconstructed to access timber

harvest areas or improve watershed

conditions. An additional 13 miles of

road would be rehabilitated to improve

watershed conditions. All temporary

roads would be obliterated following

completion of sale activities. An

additional 16 miles of road no longer in

use, would be obliterated by various

methods, such as removal of culverts,

recontouring, ripping and seeding, and

installing barriers. The method of

obliteration would be based on site

specific conditions. An estimated 24

miles of existing road would be

restricted year-round to improve

watershed conditions, minimize future

road maintenance costs, and to regulate

overall open road density to improve big

game security. The proposal also

includes prescribed burning on

approximately 500 acres to enhance

wildlife habitat, and promote vegetative

diversity. Prescribed burning would also

be used to reduce fuels and prepare sites

for natural or artificial reforestation on

regeneration harvest units after

completion of harvest operation.

More specifically management

activities in this proposal include:

Regeneration Harvest

These activities emphasize

development of a new stand of trees

through harvest of existing live or dead

trees. The following types of

regeneration harvest are proposed: (1)

Salvage of merchantable dead lodgepole

pine and other species would be

removed in one entry, leaving 6–10 live

trees/acre. Approximately 126 acres

would be harvested resulting in

approximately 2,440 CCF (1 MMBF) of

timber; (2) Seedtree/shelterwood harvest

of all merchantable trees except for 6–

10 trees/acre in seed tree or 20–40 trees/

acre in shelterwood prescriptions. Some

shelterwood trees could be removed in

a second entry when the stand has been

certified as regenerated. A total of

approximately 299 acres would be

harvested resulting in approximately

7296 CCF (3 MMBF) of timber; (3) Using

a group shelterwood prescription some

units would be harvested in 3–5 acre

openings. Three entries would take

place over a 20 year period, removing

one-third of the stand with each entry.

Leave trees would be left in the

openings. Approximately 574 acres

would be harvested and yield

approximately 4636 CCF (1.9 MMBF) of

timber; (4) Special shelterwood harvests

would remove all merchantable trees

except for 20–25 large diameter

(>18′′DBH) larch and Douglas fir trees/

acre. The remaining shelterwood trees

would be left in the unit to provide

stand structure. Approximately 259

acres would be harvested yielding

approximately 4,880 CCF (2 MMBF) of

timber.

Intermediate Harvest

These activities emphasize active

management of existing trees by

thinning the stand. The following types

of intermediate harvest prescriptions are

planned: (1) Blowdown salvage and

lodgepole pine salvage would remove

merchantable dead trees while

protecting desirable live trees in the

stand. Approximately 1550 acres would

be harvested yielding approximately

7857 CCF (3.2 MMBF) of timber; (2)

Commercial thinning of merchantable

and less dominant trees in the stand

would occur to meet desired stand

stocking levels. The largest and

healthiest trees would be left in the

stands. Approximately 1964 acres

would be harvested resulting in

approximately 9590 CCF (3.9 MMBF) of

timber; (3) Harvest of post and pole

sized lodgepole pine from

approximately 170 acres is proposed.

Larger healthy lodgepole pine and other

species would be left on roughly a 12 by

12 spacing. No volume has been

estimated at this time.

Underburning

Underburning is proposed on

approximately 500 acres to reduce fuel

loads, and improve stands for wildlife.

The prescription would involve burning

stands during spring and early summer

for good smoke dispersion and safe

burning conditions.

Watershed Rehabilitation

A number of watershed rehabilitation

projects are proposed in the Swamp

Decision Area. These include: two

stream channel enhancement projects,

two riparian enhancement projects and

three projects to control cattle access to

streams.
63512 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Notices

Road Reconstruction and

Rehabilitation

Approximately 47 miles of existing

road would be reconstructed to access

harvest areas or improve watershed

conditions. Approximately 13 miles

would be rehabilitated to improve

watershed conditions and 16 miles

would be obliterated because they are

no longer in use. Obliteration would be

accomplished through removal of

culverts, recontouring, or ripping and

seeding the road bed.

Year-round Road Restrictions

Approximately 24 miles of road

would be temporarily restricted yearround. These restrictions would help to

improve watershed conditions to

minimize future road maintenance costs

and to improve big game security by

reducing overall open road densities.

The Kootenai National Forest Land

and Resource Management Plan

provides overall management objectives

in individual delineated management

areas (MA’s). The proposed projects

encompass seven predominant MA’s;

11, 12, 13, 15, 16, 21 and 24. Briefly

described, MA 11 (4% of the area) is

managed to maintain or enhance the

winter range habitat effectiveness for

big-game species and produce a

programmed yield of timber. MA 12

(17% of the area) is designated to

maintain or enhance big game summer

range and produce a programmed yield

of timber. MA 13 (9% of the area) is

designated to provide special habitat

necessary for old growth dependent

wildlife. MA 15 (43% of the area)

focuses upon timber production using

various silvicultural practices while

providing for other resource values such

as soil, air, water, wildlife, recreation,

and forage for domestic livestock. MA

16 (2% of the area) is managed to

produce timber while providing for a

pleasing view. MA 21 (1% of the area)

is the designated as a special interest

area and serves to provide protection or

special management of unique, unusual,

or important attributes (flora, fauna,

geologic, etc.). MA 24 (4% of the area)

is usually not productive ground and is

managed to provide site protection and

for any inherent wildlife resources.

Timber harvest is proposed in MA’s 11,

12, 15, 16 and 24.

This proposal includes openings

greater than 40 acres to replicate historic

disturbance patterns. If these large

openings are included in the preferred

alternative in the Draft EIS, a 60-day

public review will be provided during

the comment period on the Draft EIS.

Approval of the Regional Forester for

exceeding the 40-acre limitation for

regeneration harvest would be required

prior to the signing of the Record of

Decision.

The Forest Service will consider a

range of alternatives. One of these will

be the ‘‘no action’’ alternative in which

none of the proposed activities would

be implemented. Additional alternatives

will examine varying levels and

locations for the proposed activities to

achieve the proposal’s purposes, as well

as to respond to the issues and other

resource values.

Preliminary Issues

The following preliminary issues have

been identified for this proposal:

—Road Management: Specific roads

would need to be restricted or

obliterated to meet road densities for

wildlife security and improve

watershed conditions. Some

individuals feel that these activities

unfairly restrict public use and waste

taxpayer dollars. Others feel

restrictions are a benefit to wildlife

and watershed conditions and should

be implemented.

—Timber Supply: A continued supply

of timber is a concern of both internal

and external publics. The methods

used to provide that supply as well as

amount of timber harvested are

components of this issue

—Water Quality: Road construction and

reconstruction, cattle use, as well as

timber harvest and prescribed burning

are concerns of the public in relation

to the issue of water quality.

Public Involvement and Scoping

On March 13, 1997 an advertisement

was placed in the Daily Inter Lake,

Kalispell, Montana, requesting public

comment and information concerning

the Swamp Analysis Area. In addition,

on March 14, 1997 a letter was mailed

to the approximately 216 individuals

comprising the mailing list for the

Swamp Analysis Area. Taking into

account the comments received and

information gathered during

preliminary analysis, it was decided to

prepare an EIS for the Swamp Timber

Sales and Associated Activities.

Comments received prior to this notice

will be included in the documentation

for the EIS.

This environmental analysis and

decision making process will enable

additional interested and affected

people to participate and contribute to

the final decision. The public is

encouraged to take part in the process

and is encouraged to visit with Forest

Service officials at any time during the

analysis and prior to the decision. The

Forest Service will be seeking

information, comments, and assistance

from Federal, State, local agencies and

other individuals or organizations who

may be interested in or affected by the

proposed action. This input will be used

in preparation of the Draft and Final

EIS. Comments received on this

proposal will be made part of the public

record and may be included in the Draft

and Final EIS. Names and addresses of

commentors are subject to inquiries

under the Freedom of Information Act

and would be disclosed upon request.

Comments on this proposal must be

postmarked or received by December 31,

1997.

Estimated Dates for Filing

The Draft EIS is expected to be filed

with the Environmental Protection

Agency (EPA) and available for public

review by June, 1998. At that time, EPA

will publish a Notice of Availability of

the Draft EIS in the Federal Register.

The comment period on the Draft EIS

will be a minimum of 45 days from the

date the EPA publishes the Notice of

Availability in the Federal Register.

The Final EIS is scheduled to be

completed by August, 1998. In the Final

EIS, the Forest Service is required to

respond to comments and responses

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 a

decision regarding the proposal.

Reviewers Obligations

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 EIS’s 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.C. 519, 553 (1978). Also,

environmental objections that could be

raised at the Draft EIS stage 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 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 and respond to them in the

Final EIS.

To assist the Forest Service in

identifying and considering issues and
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Notices 63513

concerns on the proposed action,

comments on the Draft EIS 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 EIS or the merits

of the alternatives discussed. 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.

Responsible Official

Edward C. Monnig, District Ranger,

Fortine Ranger District, Kootenai

National Forest, P.O. Box 116, Fortine,

Montana, 59918, is the Responsible

Official. As the Responsible Official, I

will decide which, if any, of the

proposed projects will be implemented.

I will document the decision and

reasons for the decision in the Record of

Decision. That decision will be subject

to Forest Service Appeal Regulations.

Dated: November 21, 1997.

Edward C. Monnig,

District Ranger, Fortine Ranger District.

[FR Doc. 97–31330 Filed 11–28–97; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF AGRICULTURE

Forest Service

Willamette Provincial Interagency

Executive Committee (PIEC), Advisory

Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

SUMMARY: The Willamette PIEC

Advisory Committee will meet on

Thursday, December 11, 1997, at the

USDI Salem BLM Office; 1717 Fabry Rd

SE; Salem, Oregon 97306; phone (503)

375–5642. The Advisory Committee

meeting is scheduled for 9:00 a.m. to

approximately 12:30 p.m. The tentative

agenda includes: (1) Review of the

Province timber sale monitoring results,

(2) Review and critique of 1997

Willamette PAC activities and

accomplishments, (3) Identifying and

prioritizing topics for Willamette PAC

meeting in 1998, and (4) Public forum.

This public forum is tentatively

scheduled to begin at 10:00 a.m. Time

allotted for individual presentations

will be limited to 3 minutes. Written

comments are encouraged. Written

comments may be submitted prior to the

meeting by sending them to Designated

Federal Official Neal Forrester at the

address given below.

FOR FURTHER INFORMATION CONTACT:

For more information regarding this

meeting, contact Designated Federal

Official Neal Forrester; Willamette

National Forest, 211 East Seventh

Avenue; Eugene, Oregon 97401; (541)

465–6924.

Dated: November 21, 1997.

Darrel L. Kenops,

Willamette Forest Supervisor.

[FR Doc. 97–31349 Filed 11–28–97; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

Opportunity to Comment on the

Applicants for the Little Rock Area

AGENCY: Grain Inspection, Packers and

Stockyards Administration (GIPSA),

USDA.

ACTION: Notice.

SUMMARY: GIPSA requests comments on

the applicants for designation to provide

official services in the geographic area

formerly assigned to Arkansas Grain

Inspection Service (Arkansas).

DATES: Comments must be postmarked,

or sent by telecopier (FAX) by December

30, 1997.

ADDRESSES: Comments must be

submitted in writing to USDA, GIPSA,

Janet M. Hart, Chief, Review Branch,

Compliance Division, STOP 3604, Room

1647–S, 1400 Independence Avenue,

S.W., Washington, DC 20250–3604.

Telecopier (FAX) users may send

comments to the automatic telecopier

machine at 202–690–2755, attention:

Janet M. Hart. All comments received

will be made available for public

inspection at the above address located

at 1400 Independence Avenue, S.W.,

during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Janet M. Hart, telephone 202–720–8525.

SUPPLEMENTARY INFORMATION: This

action has been reviewed and

determined not to be a rule or regulation

as defined in Executive Order 12866

and Departmental Regulation 1512–1;

therefore, the Executive Order and

Departmental Regulation do not apply

to this action.

In the October 1, 1997, Federal

Register (62 FR 51407), GIPSA asked

persons interested in providing official

services in the Little Rock area, formerly

assigned to Arkansas, to submit an

application for designation by October

30, 1997. There were two applicants:

Memphis Grain Inspection Service, a

currently designated official agency,

located at Memphis, Tennessee, and

contiguous to the Little Rock area,

applied for designation to provide

official services in the Little Rock area;

and the former Arkansas agency

reorganized and applied for designation

to provide official services in the Little

Rock area.

GIPSA is publishing this notice to

provide interested persons the

opportunity to present comments

concerning the applicants. Commenters

are encouraged to submit reasons and

pertinent data for support or objection

to the designation of the applicants. All

comments must be submitted to the

Compliance Division at the above

address. Comments and other available

information will be considered in

making a final decision. GIPSA will

publish notice of the final decision in

the Federal Register, and GIPSA will

send the applicants written notification

of the decision.

Effective November 1, 1997, until an

official agency can be selected, requests

for official services should be directed

to GIPSA’s Stuttgart, Arkansas, Field

Office at 501–673–2508.

Authority: Pub. L. 94–582, 90 Stat. 2867,

as amended (7 U.S.C. 71 et seq.).

Dated: November 21, 1997.

Neil E. Porter,

Director, Compliance Division.

[FR Doc. 97–31335 Filed 11–28–97; 8:45 am]

BILLING CODE 3410–EN–P

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

Opportunity for Designation in the

Champaign (IL) and Enid (OK) Areas

AGENCY: Grain Inspection, Packers and

Stockyards Administration (GIPSA).

ACTION: Notice.

SUMMARY: The United States Grain

Standards Act, as amended (Act),

provides that official agency

designations will end not later than

triennially and may be renewed. The

designation of Champaign-Danville

Grain Inspection Departments, Inc.

(Champaign), will end May 31, 1998,

and the designation of Enid Grain

Inspection Company, Inc. (Enid), will

end June 30, 1998, according to the Act.

GIPSA is asking persons interested in

providing official services in the

Champaign and Enid areas to submit an

application for designation.

DATES: Applications must be

postmarked or sent by telecopier (FAX)

on or before December 30, 1997.