12004 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 

wilderness areas. The Proposed Action 

would modify the current annual 

planning process for Early Detection, 

Rapid Response (EDRR) (new invader 

strategy) and require that sites be 

screened by appropriate 

interdisciplinary specialists, who would 

use the key questions to determine 

appropriateness of treatment under 

EDRR, and which Management 

Requirements and Mitigation Measures 

(MR/MM) applies at each new site. The 

review team would screen the new 

site(s) and prepare a file checklist 

demonstrating that treatment would be 

within the scope of the NEPA decision. 

Proposed control measures have been 

identified for each invasive species site 

(see http://www.fs.usda.gov/projects/ 

mbs/landmanagement/projects, 

Invasive Plant Management). 

Treatments are often a combination of 

methods, such as herbicide/manual or 

cultural/manual. All treatments would 

be done according to Management 

Requirements and Mitigation Measures 

(MR/MM), intended to minimize risk 

and maximize effectiveness. 

Possible Alternatives 

The Forest Service is considering an 

alternative of treating without the use of 

aminopyralid and only using the 10 

herbicides approved in the R6 2005 

ROD. The Forest Service is also 

considering an alternative where not all 

treatments would be spot treatments 

and broadcast would be limited to 

existing treatments at Skyiou Island. 

The No Action alternative will also be 

considered, which would continue the 

current invasive plant management 

program on the MBS National Forest. 

Responsible Official 

The Responsible Official is the MBS 

National Forest Supervisor. 

Nature of Decision To Be Made 

The Forest Supervisor will make the 

following decisions based on the 

interdisciplinary analysis: (1) Whether 

or not to authorize site-specific invasive 

plant treatments using herbicides and 

other methods; (2) whether or not to 

implement an Early Detection and 

Rapid Response process for infestations 

that are detected over the next 5 to 15 

years; (3) what MR/MM are required 

and (4) what monitoring and adaptive 

management will occur. 

Permits or Licenses Required 

Pesticide application licenses will be 

required for those implementing this 

project. Pesticide Use Proposals for 

wilderness herbicide applications need 

to be signed by the Regional Forester, 

otherwise Pesticide Use Proposals are 

signed by the Forest Supervisor. A 

National Pollutant Discharge 

Elimination System (NPDES) permit is 

required for herbicide use into waters of 

the United States or adjacent 

conveyances with a hydrologic surface 

connection to water at the time of 

application. Project design features and 

buffers are intended to minimize 

pollution discharge to the extent 

practicable and this project conforms to 

current permit requirements. A permit 

will be obtained before herbicide is used 

within 3 feet of waters of the United 

States or flowing ditches that are 

connected to the waters of the United 

States. 

Dated: February 17, 2012. 

Rodney Mace, 

Acting Forest Supervisor. 

[FR Doc. 2012–4628 Filed 2–27–12; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Stanislaus National Forest, CA; Notice 

of Intent To Prepare an Environmental 

Impact Statement for Candy Rock 

Quarry Management 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Stanislaus National 

Forest proposes to set permanent 

limitations on recreational target 

shooting at Candy Rock Quarry near 

Hathaway Pines, California. The 

purpose of this proposal is to determine 

if recreational target shooting is an 

appropriate activity at Candy Rock 

Quarry in the context of safety, public 

health, and applicable law, regulation 

and policy. If target shooting is found to 

be appropriate, determine the 

conditions under which shooting may 

continue. 

DATES: Comments on the proposed 

action should be submitted within 45 

days of the date of publication of this 

Notice of Intent. The Forest Service will 

hold a public meeting in March 2012. 

Completion of the draft environmental 

impact statement is expected in Fall 

2012 and the final environmental 

impact statement is expected in Spring 

2013. 

ADDRESSES: Send written comments to: 

Stanislaus National Forest; Attn: Candy 

Rock; 19777 Greenley Road; Sonora, CA 

95370; (209) 532–3671. Comments may 

be submitted by Fax [(209) 533–1890]; 

or, by hand-delivery to the address 

shown above, during normal business 

hours (Monday–Friday 8 a.m. to 4:30 

p.m.). Oral comments must be 

submitted via telephone by calling (209) 

532–3671 ext. 350. 

Electronic comments, in acceptable 

[plain text (.txt), portable document 

format (.pdf), rich text (.rtf) or Word 

(.doc)] formats, may be submitted to: 

comments-pacificsouthweststanislaus@fs.fed.us with Subject: 

Candy Rock. 

FOR FURTHER INFORMATION CONTACT: For 

additional information regarding this 

proposal, contact Sara Friberg, 

Stanislaus National Forest, 19777 

Greenley Road; Sonora, CA 95370; 

phone: (209) 532–3671 ext. 475; or, 

email: sfriberg@fs.fed.us. 

SUPPLEMENTARY INFORMATION: 

General Background 

Candy Rock Quarry is located on the 

Stanislaus National Forest, Calaveras 

Ranger District in Calaveras County near 

Hathaway Pines, California (Section 20, 

T4N R15E). Forest Roads 4N73Y and 

4N80Y provide access to the quarry 

from Highway 4. 

The quarry is in a wildland urban 

intermix area, approximately one-third 

of a mile from the nearest private 

residential properties. It is presently 

used as a storage site for tunnel muck 

(loose rock ore fragmented during 

tunnel creation) deposited between 

1986 and 1988 during the construction 

of the North Fork Stanislaus River 

Hydroelectric Project. The tunnel muck 

is used for road surfacing. Prior to being 

used as a tunnel muck storage site, the 

quarry produced an ornamental 

rhyolitic rock called ‘‘candy rock.’’ The 

quarry is one of the locations on the 

District that recreationists actively use 

for target shooting. 

Recreational target shooting is 

considered a dispersed recreation 

activity on the Stanislaus National 

Forest. With no designated shooting 

ranges on the Forest, shooting is 

allowed as long it is conducted in a safe 

manner in compliance with Federal 

regulations at 36 CFR 261.10(d). Target 

shooting has taken place at the Candy 

Rock Quarry site since the early 1960s, 

predating the placement of the tunnel 

muck in the late 1980s, and the 

development of most of the nearby 

residential lots. Sheriff’s Department 

and Forest Service law enforcement 

records indicate, over the past three 

years, no documented incidents 

involving vandalism, vegetation fires or 

reports of property damage resulting 

from the use of firearms at the quarry 

site. Records show one incident of a 

self-inflicted gunshot wound, and 

several noise complaints. The Calaveras 


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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 12005 

County Sheriff’s office reported that the 

number of calls to the area increased 

substantially since 2009. These calls are 

primarily complaints about shooting 

from the roadway or from the quarry, 

expressing safety concerns. 

The Calaveras Ranger District 

received several written and verbal 

complaints about shooting activity at 

and near the quarry. The complaints are 

about persistent shooting noise during 

daylight hours and into darkness, and 

concern for personal safety on both 

public lands and nearby private lands. 

In addition, the District received 

comments from other individuals 

expressing a desire to continue to enjoy 

the use of the site for responsible target 

shooting. After a public meeting on 

October 19, 2009 including the Forest 

Service, the Calaveras County 

Supervisor and Sheriff’s offices, and 

concerned citizens, the Forest 

implemented several mitigation 

measures to increase safety in the area 

and reduce noise. 

Since implementation of these 

mitigations, residents claim that the 

shooting activity is louder and more 

persistent than in previous years. As a 

result, nearby residents insist that the 

quarry be closed to target shooting due 

to the safety hazard and noise 

disturbance. Conversely, individuals 

who actively shoot at Candy Rock 

Quarry express their desire to continue 

using the quarry site for target shooting. 

As a result, the Calaveras Ranger District 

sought advice from National Rifle 

Association (NRA) Range Technical 

Team Advisors regarding safety 

concerns at the quarry site. The NRA 

Range Technical Team found that if 

target shooters follow accepted safety 

rules and shoot into the backstop, 

Candy Rock Quarry should be a safe 

area for recreational target shooting. 

The Center for Collaborative Policy 

(CCP), California State University in 

Sacramento, California, conducted an 

assessment of stakeholders concerns in 

order to suggest options for resolving 

the conflict associated with recreational 

shooting at the quarry. The CCP 

interviewed members of stakeholders 

groups (Community for Respectful 

Firearms Use; and, Concerned Citizens 

for Safe Shooting), noting a divided 

community of individuals, with little 

progress towards resolving the conflict. 

The CCP report concluded that feelings 

of community alienation, emotional 

distress and declining health resulted 

from the shooting activity at the quarry. 

Purpose and Need for Action 

The Stanislaus National Forest Plan 

Direction (USDA 2010) provides goals, 

objectives, standards and guidelines, 

and management area direction that 

apply to the Candy Rock Quarry. The 

Quarry is situated within the Scenic 

Corridor management area, due to its 

proximity to State Highway 4 (USDA 

2010, p. 156). 

On April 29, 2011, the Forest Service 

issued Forest Order STF–2011–04 

(Candy Rock Quarry Shooting 

Restriction Area) due to concerns from 

the public about health and safety. This 

Forest Order limits hours for target 

shooting at the quarry from 10 a.m. to 

6 p.m. Monday–Friday, and 10 a.m. to 

3 p.m. on Saturday (the quarry is closed 

to shooting on Sundays). The Forest 

Order also prohibits the use of 

explosives within the quarry. 

That Forest Order expires on April 28, 

2013 so there is a need to provide for 

the long-term management of the Candy 

Rock Quarry, including changes to the 

National Forest Transportation System 

for Forest Road 4N73Y. As such, the 

purpose of this initiative is to determine 

if recreational target shooting is an 

appropriate activity at Candy Rock 

Quarry in the context of safety, public 

health, and applicable law, regulation 

and policy. If target shooting is found to 

be appropriate, determine the 

conditions under which shooting may 

continue. 

Proposed Action 

In response to the purpose and need, 

the Forest Service proposes to: 

1. Issue a permanent Forest Order 

with the following conditions: 

a. Set hours for target shooting from 

10 a.m. to 6 p.m. Monday–Friday; 10 

a.m. to 3 p.m. on Saturday; and, closed 

on Sundays. 

b. Prohibit the use of explosives. 

c. Prohibit the use of firearms larger 

than 0.50 caliber. 

d. Prohibit trap and skeet shooting. 

2. Modify the existing National Forest 

Transportation System (NFTS): 

a. Change vehicle class on Forest 

Road 4N73Y from All Vehicles to 

Highway Legal Only. 

b. Change season of use on Forest 

Road 4N73Y from April 15 to December 

15 to year round. 

3. Install site design elements: 

a. Post signs displaying hours of use 

and site prohibitions. 

Possible Alternatives 

In addition to the Proposed Action, 

the EIS will evaluate the required No 

Action alternative and may consider 

other alternatives such as those listed 

below. 

1. No Action: this required alternative 

would allow Forest Order STF–2011–04 

to expire on April 28, 2013 with no new 

shooting restrictions, as long as shooting 

occurs in a safe manner in compliance 

with Federal regulations at 36 CFR 

261.10(d). On Forest Road 4N73Y, the 

vehicle class would remain as All 

Vehicles and the season of use would 

remain as April 15 to December 15. 

2. No Shooting: this alternative, based 

on comments submitted by the public 

prior to scoping, would close Candy 

Rock Quarry to all shooting. It would 

include a permanent Forest Order 

prohibiting shooting, physical closure of 

the site with a gate or rocks, signs 

displaying the closure, and law 

enforcement activity ensuring 

compliance. On Forest Road 4N73Y, the 

vehicle class would change from All 

Vehicles to Administrative Use Only 

(closed to public motorized use) and the 

season of use would change from April 

15 to December 15 to no season of use 

(closed to public motorized use). 

3. Continue Current Management: this 

alternative would continue current 

management by replacing Forest Order 

STF–2011–04 with a permanent order 

making no changes to on-site 

prohibitions. On Forest Road 4N73Y, 

the vehicle class would remain as All 

Vehicles and the season of use would 

remain as April 15 to December 15. 

Responsible Official 

Susan Skalski, Forest Supervisor, 

Stanislaus National Forest, Supervisor’s 

Office, 19777 Greenley Road, Sonora, 

CA 95370. 

Nature of Decision To Be Made 

The responsible official will decide 

whether to adopt and implement the 

proposed action, and alternative to the 

proposed action, or take no action with 

respect to the management of the Candy 

Rock Quarry. 

Scoping Process 

Public participation is important at 

numerous points during the analysis. 

The Forest Service seeks information, 

comments, and assistance from the 

federal, state, and local agencies and 

individuals or organizations that may be 

interested in or affected by the proposed 

action. 

Scoping identifies issues which are a 

point of discussion, dispute, or debate 

with the Proposed Action. An issue is 

an effect on a physical, biological, 

social, or economic resource. An issue 

is not an activity; instead, the predicted 

effects of the activity create the issue. 

Issues are then separated into the two 

groups shown below. The Council on 

Environmental Quality (CEQ) NEPA 

regulations require this delineation in 

Sec. 1501.7, ‘‘* * * identify and 

eliminate from detailed study the issues 

which are not significant or which have 


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12006 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 

been covered by prior environmental 

review (Sec. 1506.3) * * *’’ 

1. Significant Issues are used to 

formulate alternatives, prescribe 

mitigation measures, or analyze 

environmental effects. Issues are 

significant because of the extent of their 

geographic distribution, the duration of 

their effects, or the intensity of interest 

or resource conflicts. 

2. Non-Significant Issues are: (1) 

Outside of the scope of the proposed 

action; (2) already determined through 

law, regulation, Forest Plan, or other 

higher level decision; (3) irrelevant to 

the decision to be made; (4) conjectural 

and not supported by scientific fact; (5) 

a comment, opinion, or position 

statement; or, (6) a question for 

clarification or information. 

Although non-significant issues are 

not used to formulate alternatives or 

prescribe mitigation measures, the EIS 

will disclose all significant 

environmental effects including any 

related to non-significant issues. 

Comment Requested 

This notice of intent initiates the 

scoping process which guides the 

development of the environmental 

impact statement. Comments on the 

proposed action should be submitted 

within 45 days of the date of publication 

of this Notice of Intent. The Forest 

Service will hold a public meeting in 

March 2012. 

Early Notice of Importance of Public 

Participation in Subsequent 

Environmental Review 

A draft environmental impact 

statement will be prepared for comment. 

The comment period on the draft 

environmental impact statement will be 

45 days from the date the 

Environmental Protection Agency 

publishes the notice of availability in 

the Federal Register. 

The Forest Service believes, at this 

early stage, it is important to give 

reviewers notice of several court rulings 

related to public participation in the 

environmental review process. First, 

reviewers of draft environmental impact 

statements must structure their 

participation in the environmental 

review of the proposal so that it is 

meaningful and alerts an agency to the 

reviewer’s position and contentions. 

Vermont Yankee Nuclear Power Corp. v. 

NRDC, 435 U.S. 519, 553 (1978). Also, 

environmental objections that could be 

raised at the draft environmental impact 

statement stage but that are not raised 

until after completion of the final 

environmental impact statement may be 

waived or dismissed by the courts. City 

of Angoon v. Hodel, 803 F.2d 1016, 

1022 (9th Cir. 1986) and Wisconsin 

Heritages, Inc. v. Harris, 490 F. Supp. 

1334, 1338 (E.D. Wis. 1980). Because of 

these court rulings, it is very important 

that those interested in this proposed 

action participate by the close of the 45 

day comment period so that substantive 

comments and objections are made 

available to the Forest Service at a time 

when it can meaningfully consider them 

and respond to them in the final 

environmental impact statement. 

To assist the Forest Service in 

identifying and considering issues and 

concerns on the proposed action, 

comments on the draft environmental 

impact statement should be as specific 

as possible. It is also helpful if 

comments refer to specific pages or 

chapters of the draft statement. 

Comments may also address the 

adequacy of the draft environmental 

impact statement or the merits of the 

alternatives formulated and discussed in 

the statement. Reviewers may wish to 

refer to the Council on Environmental 

Quality Regulations for implementing 

the procedural provisions of the 

National Environmental Policy Act at 40 

CFR 1503.3 in addressing these points. 

Comments received, including the 

names and addresses of those who 

comment, will be considered part of the 

public record on this proposal and will 

be available for public inspection. 

Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21. 

Dated: February 22, 2012. 

Susan Skalski, 

Forest Supervisor. 

[FR Doc. 2012–4608 Filed 2–27–12; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF COMMERCE 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: West Coast Groundfish Trawl 

Economic Data. 

OMB Control Number: 0648–0618. 

Form Number(s): NA. 

Type of Request: Regular submission 

(revision of a current information 

collection). 

Number of Respondents: 252. 

Average Hours per Response: 8 hours. 

Burden Hours: 2,016. 

Needs and Uses: This request is for a 

revision of a current information 

collection. 

This information collection is needed 

in order to meet the monitoring 

requirements of the Magnuson-Stevens 

Act (MSA). In particular, the Northwest 

Fisheries Science Center (NWFSC) 

needs economic data on all harvesters, 

first receivers, shorebased processors, 

catcher processors, and motherships 

participating in the West Coast 

groundfish trawl fishery. 

The currently approved collection 

covers collection of data for the 2009, 

2010, and 2011 operating years. Data 

from the 2009 and 2010 operating years 

provides information on the economic 

condition of the fishery prior to the 

implementation of catch share 

management in January 2011, and has 

been collected by the NWFSC. Data for 

the 2011 operating year, which will 

provide information on the first year of 

operation under the catch share regime, 

will be collected from all catcher vessels 

registered to a limited entry trawl 

endorsed permit, catcher processors 

registered to catcher processor permits, 

and motherships registered to 

mothership permits, first receivers, and 

shorebased processors that received 

round or head-and-gutted Individual 

Fishing Quota (IFQ) groundfish or 

whiting from a first receiver. 

Based on review of the completed 

economic data collection (EDC) forms 

submitted for the 2009 and 2010 

operating years as well as discussions 

with survey respondents, the NWFSC 

seeks to modify the four forms which 

are used in this information collection. 

These modifications clarify instructions, 

make the requests for information more 

consistent with the accounting/ 

bookkeeping systems used by survey 

recipients, and continue to facilitate 

meeting MSA requirements for 

evaluation of the economic effect of 

catch share management on the West 

Coast groundfish limited entry trawl 

fishery. 

As stated in 50 CFR 660.114, the EDC 

forms due on September 1, 2012 will 

provide data for the 2011 operating year. 

The definition of the survey 

population is different for 2011 data, to 

account for differences between the 

requirements for the baseline collection 

and ongoing collections as defined in 

the regulations. To capture vessel 

improvements and repairs to vessels 

that did not harvest any groundfish or 

were operated by lessees, in the 2011 

data collection, as well as to collect 

more complete information about 

shoreside operations that do not process 

fish, completion of each form in its 


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