Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 79509 

USDA Non-Discrimination Policy 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family or 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Individuals who require alternative 

means of communication for program 

information (for example, braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA TARGET 

Center at (202) 720–2600 (voice and text 

telephone (TTY)) or dial 711 for 

Telecommunications Relay Service 

(both voice and text telephone users can 

initiate this call from any telephone). 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at https://

www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and 

at any USDA office or write a letter 

addressed to USDA and provide in the 

letter all the information requested in 

the form. To request a copy of the 

complaint form, call (866) 632–9992. 

Submit your completed form or letter to 

USDA by: (1) mail to: U.S. Department 

of Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; (2) Fax: (202) 690– 

7442; or (3) email: program.intake@

usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Steven Peterson, 

Administrator, Farm Service Agency, and 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2024–22346 Filed 9–27–24; 8:45 am] 

BILLING CODE 3411–E2–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Gifford Pinchot National Forest; 

Washington; Spirit Lake Outflow 

Safety Improvement Project 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The USDA Forest Service is 

preparing an environmental impact 

statement for the Spirit Lake Outflow 

Safety Improvement Project (Project). 

Spirit Lake is within the Mount St. 

Helens National Volcanic Monument 

within the Gifford Pinchot National 

Forest, about 52 miles northeast of 

Portland, Oregon. The purpose of the 

Project is to provide for the safety of 

downstream communities by reducing 

the risk of flooding and mudflows from 

a failure of the Spirit Lake debris 

blockage. The Spirit Lake tunnel is at 

risk of failure due to its construction 

under emergency conditions and 

location in an area of volcanic, geologic, 

hydrologic, and seismic hazards. 

Downstream communities of nearly 

50,000 people are at risk of catastrophic 

mudflow and flooding following a full 

lake breach. The Planning, Appeals, and 

Litigation System identification number 

for the Project is 66482. 

DATES: Comments concerning the scope 

of the analysis must be received by 

November 14, 2024. The draft 

environmental impact statement is 

expected May 2025, and the final 

environmental impact statement is 

expected October 2025. 

ADDRESSES: Send written scoping 

comments via U.S. Mail to Kelsey Jolley, 

Spirit Lake NEPA Coordinator, 987 

McClellan Road, Vancouver, WA 98661. 

Comments may also be submitted 

electronically through the Comment and 

Analysis Response Application (CARA) 

at https://cara.fs2c.usda.gov/Public//

CommentInput?Project=66482. An inperson public scoping meeting will be 

held at the Cowlitz County Event Center 

located at 1900 7th Avenue, Longview, 

Washington from 4 to 8 p.m. on 

Wednesday October 23, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kelsey Jolley, NEPA Coordinator, 

Phone: 360–891–5021, Email: 

SM.FS.SpiritLake@usda.gov. Individuals 

who use telecommunication devices for 

the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339, 24 hours a day, every 

day of the year, including holidays. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The purpose of the Spirit Lake 

Outflow Safety Improvement Project is 

to provide for the safety of downstream 

communities by reducing the risk of 

flooding and mudflows from a failure of 

the Spirit Lake debris blockage. 

Following the 1980 eruption of Mount 

St. Helens, Spirit Lake’s natural outlet to 

the Toutle River system was blocked by 

the landslide and debris flow from the 

eruption. The Spirit Lake tunnel was 

constructed under emergency 

conditions to address the imminent 

public safety threat posed by rising 

water levels in Spirit Lake. The tunnel 

is in an area with volcanic, geologic, 

hydrologic, and seismic hazards. The 

geological pressures on the tunnel have 

caused rock heave, compression, 

cracking, and support failures, 

necessitating periodic repairs. As the 

tunnel ages, it will require more 

frequent and longer closures for repair 

to prevent failure. It is not expected to 

remain serviceable without significant 

repair and/or upgrade. A failure would 

result in rising lake levels that could 

exceed the maximum safe operating 

level, at which point pressure from 

rising water levels could force the 

breaching of the natural debris blockage, 

putting the downstream population of 

approximately 50,000 people at risk of 

catastrophic flooding and mudflows. 

The actions proposed for this project 

are needed to: 

• Accommodate lake level rise from a 

flood event without exceeding a 

designated maximum safe level. The 

current average operating level is 3,440 

feet ± 4 feet, with a maximum safe level 

of 3,460 feet elevation. Reduced tunnel 

diameter from shear led to a reduction 

in the maximum design discharge of the 

tunnel. Reduction in design discharge 

leads to faster lake level rise during 

storm events. For this reason, the tunnel 

is no longer functioning at optimal 

capacity, which increases the risk of 

debris blockage failure as lake levels 

approach the maximum safe level of 

3,460 feet elevation. 

• Improve access reliability to 

outflow infrastructure. Current travel to 

the existing intake infrastructure takes 

an average of 4.5 hours and requires a 

combination of travel modes including 

high-clearance passenger vehicle, utility 

terrain vehicle, and boat. This access 

does not allow for mobilization of heavy 

equipment to the inlet for necessary 

repair. A moving, floating, 40-acre log 

debris mat can prevent boat access 

depending on weather conditions. The 

site is under snow a significant portion 

of the year, which precludes year-round 

access to the inlet. Helicopter access is 


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79510 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 

often not viable throughout the year due 

to poor weather conditions. 

• Provide outflow redundancy. There 

is currently only one outflow 

configuration with the existing tunnel, 

and any reduction in outflow capacity 

increases the risk of debris blockage 

failure. Two previous tunnel repairs that 

required tunnel closure have led to lake 

levels approaching the maximum safe 

level of 3,460 feet elevation. A 

redundant outflow that accommodates 

design discharge will allow for extended 

closure of the primary outflow for 

repair, while maintaining a safe 

operating level. 

• Reduce long-term outflow operation 

and maintenance burden. The existing 

outflow infrastructure needs significant 

repair to operate at optimal design 

capacity. The existing tunnel has not 

been a long-term, resilient outflow 

solution over the last 30 years as 

repeated necessary repairs have been a 

significant maintenance burden. 

Proposed Action and Alternatives 

In 2016, the Gifford Pinchot National 

Forest commissioned the National 

Academies of Science, Engineering and 

Medicine (NASEM) to develop Decision 

Making Framework for Managing the 

Spirit Lake and Toutle River System. 

NASEM recommended a multi-criteria 

decision-making approach that 

considers a range of alternatives. Based 

on a preliminary study conducted by 

the Forest Service and Army Corps of 

Engineers, extensive working group 

coordination, and subsequent 

engineering feasibility analyses, the 

Forest Service has identified six 

potential outflow improvement, as 

follows, that the environmental impact 

statement will consider: 

• constructing an open outlet 

channel, which maintains Spirit Lake at 

its current elevation, with the redundant 

measure of rehabilitating the existing 

outlet tunnel; 

• constructing an open outlet channel 

that drains Spirit Lake, with the 

redundant measure of upgrading the 

existing outlet tunnel and modifying its 

intake depth; 

• rehabilitating the existing outlet 

tunnel in shear zones (areas in volcanic 

tuffs decomposed to weak rock and 

swelling clays) with the redundant 

measure of a permanent pumping 

station; 

• constructing a new pressure tunnel 

parallel to the existing tunnel, with a 

redundant measure of rehabilitating the 

existing outlet tunnel in shear zones; 

• rehabilitating the existing outlet 

tunnel in shear zones, with a redundant 

measure of a buried conduit within the 

debris blockage that releases water 

during storm events or during 

maintenance of the primary outlet; and 

• converting the existing tunnel into 

a pressure tunnel, with the redundant 

measure of lake storage with an updated 

maximum safe lake level. 

To align with NASEM guidance this 

NOI does not specify a preferred 

alternative. 

As required under the National 

Environmental Policy Act (NEPA), the 

Forest Service will also evaluate a no 

action alternative in which no changes 

to current Spirit Lake outflow tunnel or 

lake level management strategies would 

be made. 

Expected Effects 

The draft environmental impact 

statement will identify and describe the 

potential effects of the alternatives on 

the human environment. Those 

potential effects must be reasonably 

foreseeable and must have a reasonably 

close causal relationship to the 

alternatives. Such effects include those 

that occur at the same time and place as 

the alternatives and those that are later 

in time or occur in a different place. The 

Project is expected to result in potential 

impacts to the following resources: air 

quality; aquatic, plant, and terrestrial 

biological resources; cultural resources; 

fire and fuels; floodplains; hydrology, 

and water quality; forestry and land use; 

geology and soils; heritage resources; 

public safety; recreation; roads and 

access; and scenic and visual resources. 

The level of review of the identified 

resources for the environmental impact 

statement will be commensurate with 

the anticipated effects to each resource 

and will be governed by the statutory or 

regulatory requirements protecting those 

resources. 

Lead and Cooperating Agencies 

The U.S. Department of Agriculture’s 

Forest Service is the lead agency. U.S. 

Army Corps of Engineers and U.S. 

Geological Survey will likely be 

cooperating agencies; work is ongoing to 

complete cooperating agency 

agreements. 

Responsible Official 

The Responsible Official is the Gifford 

Pinchot National Forest Supervisor. 

Scoping Comments and the Objection 

Process 

This notice of intent initiates the 

scoping process, which guides the 

development of the environmental 

impact statement. The Agency is 

requesting comments on potential 

alternatives and impacts, and 

identification of any relevant 

information, studies, or analyses of any 

kind concerning impacts affecting the 

quality of the human environment. A 

public scoping meeting will be held at 

the Cowlitz County Event Center located 

at 1900 7th Avenue, Longview, 

Washington from 4 to 8 p.m. on 

Wednesday October 23, 2024. The 

Forest Service will accept written 

comments at the scoping meeting. 

Reviewers should provide their 

comments at such times and in such 

manner that they are useful to the 

agency’s preparation of the final 

environmental impact statement; 

therefore, comments should be provided 

prior to the close of the comment period 

and should clearly articulate the 

reviewer’s concerns and contentions. 

Commenting during scoping and any 

other designated opportunity to 

comment provided by the Responsible 

Official as prescribed by the applicable 

regulations will also govern eligibility to 

object once the final environmental 

impact statement and draft record of 

decision has been published. Comments 

received in response to this solicitation, 

including names and addresses of those 

who comment, will be part of the public 

record for this proposed action. 

Comments submitted anonymously will 

be accepted and considered; however, 

they will not be used to establish 

eligibility for the objection process. 

Objections will be accepted only from 

those who have previously submitted 

specific written comments regarding the 

proposed Project during scoping or 

other designated opportunity for public 

comment in accordance with 36 CFR 

218.5(a). Issues raised in objections 

must be based on previously submitted 

timely, specific written comments 

regarding the proposed Project unless 

based on new information arising after 

designated opportunities. 

Permits, Licenses or Other 

Authorizations Required 

A U.S. Army Corps of Engineers 

Section 408 review and permission for 

any project activities that may cause 

downstream sedimentation or have the 

potential to affect a U.S. Army Corps of 

Engineers Civil Works project such as 

the Sediment Retention Structure or 

levees will be required. Depending on 

project details for the chosen alternative 

Section 401 and Section 404 permits 

through the U.S. Army Corps of 

Engineers may also be required. 

Nature of Decision To Be Made 

Given the purpose and need, the 

Responsible Official will determine 

whether the proposed actions comply 

with all applicable laws governing 

Forest Service actions and with the 

applicable standards and guidelines 


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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 79511 

found in the Forest Plan; whether the 

EIS has sufficient environmental 

analysis to make an informed decision; 

and whether the proposed action meets 

the purpose and need for action. With 

this information, the Responsible 

Official must decide whether to select 

the proposed action and what, if any, 

additional actions should be required. 

Substantive Provisions 

Guidance for management of the 

Monument comes from the 1985 Mount 

St. Helens National Volcanic 

Monument’s Comprehensive 

Management Plan, which is fully 

incorporated into the 1990 Gifford 

Pinchot National Forest Land and 

Resource Management Plan (Forest 

Plan), as amended by the 1994 Record 

of Decision for Amendments to Forest 

Service and Bureau of Land 

Management Planning Documents 

within the Range of the Northern 

Spotted Owl. 

All actions authorized by the Forest 

Service on National Forest System lands 

must be consistent with the Forest Plan. 

If a proposed project-specific action is 

not consistent with the Forest Plan, the 

Responsible Official may modify the 

proposed action to make it consistent 

with the plan, reject the proposed 

action, or amend the plan such that the 

action will be consistent with the plan, 

as amended. When proposing a forest 

plan amendment, the planning 

regulations require the Responsible 

Official to identify in this notice which 

specific substantive requirements (36 

CFR 219.8 through 219.11) are directly 

related to the plan direction being 

modified by the amendment based on 

the purpose of the amendment or the 

effects of the amendment (36 CFR 

219.13(b)(5)). 

The substantive requirements that are 

likely directly related to the purpose of 

the forest plan amendments are 36 CFR 

219.8(a)(3)(i)(B), 219.8(a)(3)(i)(G), and 

219.8(b)(1). 

An amendment to Management Area 

A Recreation—Planning and Inventory 

standard and guideline 2 may be needed 

to allow project activities within the 

Monument and for potential road 

upgrades along the road corridors of FS– 

99 and FR–25 to exceed the Retention 

VQO during project implementation. 

The substantive requirements that are 

likely directly related to the effects of 

this forest plan amendment are 36 CFR 

219.8(b)(2), 219.10(a)(1), and 

219.10(b)(1)(i). 

An amendment to Management Area 

A Recreation—Use Administration 

standard and guideline 2 may be needed 

to allow for off-road vehicle during the 

summer during project implementation. 

The substantive requirements that are 

likely directly related to the effects of 

this forest plan amendment are 36 CFR 

219.8(a)(2)(ii), 219.10(a)(1), and 

219.10(a)(5). 

An amendment to Management Area 

A Facilities—Road Operations standard 

and guideline 1 may be needed to add 

National Forest System road(s) in the 

area. The substantive requirement that 

is likely directly related to the effects of 

this forest plan amendment is 36 CFR 

219.10(a)(3). 

An amendment to Management Area 

A Facilities—Road Operations standards 

and guidelines 2 and 3 may be needed 

to allow for road and off-road vehicle 

use on Deer and Elk Winter Range from 

December 1 to April 1 during project 

implementation. The substantive 

requirements that are likely directly 

related to the effects of this forest plan 

amendment are 36 CFR 219.9(a)(1), 

219.10(a)(1), and 219.10(a)(5). 

Keith Lannom, 

Associate Deputy Chief, National Forest 

System. 

[FR Doc. 2024–22159 Filed 9–27–24; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF COMMERCE 

Census Bureau 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Business Enterprise 

Research and Development Survey 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on May 29, 

2024, during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 

Agency: U.S. Census Bureau, 

Commerce. 

Title: Business Enterprise Research 

and Development Survey. 

OMB Control Number: 0607–0912. 

Form Number(s): BRD–1. 

Type of Request: Regular submission, 

Request for an Extension, without 

Change, of a Currently Approved 

Collection. 

Number of Respondents: 47,500. 

Average Hours per Response: 2 hours 

and 37 minutes. 

Burden Hours: 124,450. 

Needs and Uses: The Census Bureau 

is requesting clearance to continue to 

conduct the Business Enterprise 

Research and Development Survey 

(BERD) for the 2024–2026 survey years 

without change. Companies are the 

major performers of research and 

development (R&D) in the United States, 

accounting for over 70 percent of total 

U.S. R&D expenditures each year. A 

consistent business R&D information 

base is essential to government officials 

formulating public policy, industry 

personnel involved in corporate 

planning, and members of the academic 

community conducting research. To 

develop policies designed to promote 

and enhance science and technology, 

past trends and the present status of 

R&D must be known and analyzed. 

Without comprehensive business R&D 

statistics, it would be impossible to 

evaluate the health of science and 

technology in the United States or to 

make comparisons between the 

technological progress of our country 

and that of other nations. 

BERD is a joint statistical project 

between the National Center for Science 

and Engineering Statistics (NCSES) 

within the National Science Foundation 

(NSF) and the Census Bureau. The 

National Science Foundation Act of 

1950 as amended authorizes and directs 

the National Science Foundation ‘‘. . . 

to provide a central clearinghouse for 

the collection, interpretation, and 

analysis of data on scientific and 

engineering resources and to provide a 

source of information for policy 

formulation by other agencies of the 

Federal government’’ and the authority 

was renewed by Section 505 of the 

America COMPETES Reauthorization 

Act of 2010. This mandate is fulfilled by 

NCSES. One of the methods used by 

NCSES to fulfill this mandate is the 

BERD (and its predecessor surveys)—the 

primary federal source of information 

on R&D in the business sector. NCSES 

together with the Census Bureau, the 

collecting and compiling agent, analyze 

the data and publish the resulting 

statistics. 

NCSES has published annual R&D 

statistics collected from the Survey of 

Industrial Research and Development 

(1953–2007), the Business R&D and 

Innovation Survey (2008–2016), the 

Business Research and Development 

Survey (2017 and 2018), and the 

Business Enterprise Research and 

Development Survey (2019–2023) for 70 


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