29692 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Notices

U.S.C. App., the United States

Department of Agriculture announces a

Western Regional Listening Session of

the National Agricultural Research,

Extension, Education, and Economics

Advisory Board.

SUPPLEMENTARY INFORMATION: The

National Agricultural Research,

Extension, Education, and Economics

Advisory Board, which represents 30

constituent categories, as specified in

section 1408 of the National

Agricultural Research, Extension, and

Teaching Policy Act of 1977 as amended

by section 802 of the Federal

Agriculture Improvement and Reform

Act of 1996 (Pub. L. No. 104–127), will

send representatives of its membership

(5 members, the Executive Director, and

a USDA administrative support person)

to the Western Region Joint Summer

Meeting to hold a Western Regional

Listening Session, 8:00 a.m. until noon

on July 8, 1998.

The Western Regional Listening

Session will engage western regional

stakeholders (small farmers, producers/

ranchers, academia including 1890 and

1994 institutions, the private sector, and

other stakeholder groups) in panel

sessions to present statements to

Advisory Board members on

agricultural research and education

priorities and other issues of significant

concern to the Western Region. Findings

of this Listening Session will be

presented to the full Advisory Board for

consideration in its ongoing effort to

advise USDA on future agricultural

research and education priorities. Time

will be allowed at the end of Listening

Session panels for open discussion and

audience participation.

DATES: Western Regional Listening

Session, July 8, 1998, 8:00 a.m. until

noon.

PLACE: Yarrow Hotel, Park City, Utah.

TYPE OF MEETING: Open to the public.

COMMENTS: The public may file written

comments before or within 2 weeks after

the meeting with the contact person. All

statements will become a part of the

official records of the National

Agricultural Research, Extension,

Education, and Economics Advisory

Board and will be kept on file for public

review in the Office of the Advisory

Board; Research, Education, and

Economics; U.S. Department of

Agriculture; Washington, D.C. 20250–

2255.

FOR FURTHER INFORMATION CONTACT:

Deborah Hanfman, Executive Director,

National Agricultural Research,

Extension, Education, and Economics

Advisory Board, Research, Education,

and Economics Advisory Board Office,

Room 3918 South Building, U.S.

Department of Agriculture, STOP: 2255,

1400 Independence Avenue, SW,

Washington, DC 20250–2255.

Telephone: 202–720–3684. Fax: 202–

720–6199, or e-mail: lshea@reeusda.gov.

Done at Washington, D.C. this 26th day of

May 1998.

I. Miley Gonzalez,

Under Secretary, Research, Education, and

Economics.

[FR Doc. 98–14343 Filed 5–29–98; 8:45 am]

BILLING CODE 3410–22–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. TB–97–17]

Tobacco Inspection; Growers’

Referendum Results

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Notice of referendum results.

SUMMARY: This document announces the

results of the referendum on the merger

of Tabor City-Whiteville, North

Carolina, and Loris, South Carolina,

flue-cured tobacco markets. A mail

referendum was conducted during the

period of April 27–May 1, 1998, among

tobacco growers who sold tobacco on

these markets in 1997. A required twothirds majority of voters did not favor

merging these markets into a single

consolidated market.

EFFECTIVE DATE: June 2, 1998.

FOR FURTHER INFORMATION CONTACT:

William O. Coats, Associate Deputy

Administrator, Tobacco Programs,

Agricultural Marketing Service, United

States Department of Agriculture, PO

Box 96456, Washington, DC 20090–

6456; telephone number (202) 205–

0508.

SUPPLEMENTARY INFORMATION: A notice

was published in the April 20, 1998,

issue of the Federal Register (63 FR

19414) announcing that a referendum

would be conducted among active fluecured producers who sold tobacco on

either Tabor City-Whiteville or Loris

during the 1997 season to ascertain if

such producers favored the

consolidation.

The notice of referendum announced

the determination by the Secretary that

the consolidated market of Tabor CityWhiteville, North Carolina, and Loris,

South Carolina, would be designated as

a flue-cured tobacco auction market and

receive mandatory Federal grading of

tobacco sold at auction for the 1998 and

succeeding seasons, subject to the

results of the referendum. The

determination was based on the

evidence and arguments presented at a

public hearing held in Tabor City, North

Carolina, on November 5, 1997,

pursuant to applicable provisions of the

regulations issued under the Tobacco

Inspection Act, as amended. The

referendum was held in accordance

with the provisions of the Tobacco

Inspection Act, as amended (7 U.S.C.

511d) and the regulations set forth in 7

CFR 29.74.

Ballots for the April 27–May 1, 1998,

referendum were mailed to 1,470

producers. Approval required votes in

favor of the proposal by two-thirds of

the eligible voters who cast valid

ballots. The Department received a total

of 375 responses: 89 eligible producers

voted in favor of the consolidation; 189

eligible producers voted against the

consolidation; and 97 ballots were

determined to be invalid.

Dated: May 26, 1998.

Enrique E. Figueroa,

Administrator, Agricultural Marketing

Service.

[FR Doc. 98–14424 Filed 5–29–98; 8:45 am]

BILLING CODE 3410–02–U

DEPARTMENT OF AGRICULTURE

Forest Service

Southwestern Region, Arizona, New

Mexico, West Texas, and West

Oklahoma

Amendment of Land and Resource

Management Plans in the

Southwestern Region

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an

environmental impact statement.

SUMMARY: The Southwestern Region of

the Forest Service is planning to prepare

an environmental impact statement on a

proposal to amend National Forest land

and resource management plans to

incorporate standards and guidelines for

management of habitat for American

peregrine falcon, Little Colorado River

spinedace, loach minnow, spikedace,

Apache trout, Chihuahua chub, Gila

trout, Gila top minnow, razorback

sucker, southwest willow flycatcher,

cactus ferruginous pygmy owl, Sonora

tiger salamander, New Mexico ridgenose

rattlesnake, and Pima pineapple cactus.

The amendment would add new

standards and guidelines which

strengthen and clarify existing direction

for the protection of federally listed

threatened and endangered species. The

amendment would apply to all

subsequent project-level resource

management decisions which will
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Notices 29693

involve site-specific environmental

analysis and appropriate public

involvement.

DATES: Comments in response to this

Notice of Intent concerning the scope of

the analysis should be received in

writing by July 10, 1998.

ADDRESSES: Send written comments to

USDA Forest Service, 517 Gold Ave.

SW, Albuquerque, New Mexico 87102,

ATTN: Director Ecosystem Analysis and

Planning.

RESPONSIBLE OFFICIAL: The Regional

Forester, Southwestern Region, will be

the responsible official and will decide

on amendments to land and resource

management plans to incorporate

standards and guidelines for the above

mentioned threatened and endangered

species.

FOR FURTHER INFORMATION CONTACT:

Director of Ecosystem Analysis and

Planning, 517 Gold Ave. SW,

Albuquerque, New Mexico 87102, (505)

842–3251.

SUPPLEMENTARY INFORMATION: The Land

and Resource Management Plans for the

eleven national forests and national

grasslands in the Forest Service’s

Southwestern Region were the subject of

consultation with the U.S. Fish and

Wildlife Service (FWS) pursuant to

Section 7 of the Endangered Species Act

prior to their approval from 1985

through 1988. The FWS was consulted

more recently concerning a 1996 regionwide amendment to land and resource

management plans. This latest

consultation considered species listed

as threatened or endangered since the

plans were first approved. During the

course of consultation, additional

direction for protection of certain listed

species was identified.

The following describes the proposed

amendment, by species and by forest:

All Species

All Forests

Activities that affect threatened or

endangered species and their habitat

should be designed and implemented to

minimize impacts on individuals of the

affected species. Base timing of

implementation on the biology of the

species and its vulnerability to the

activity.

American Peregrine Falcon

Apache-Sitgreaves National Forests

Survey potential peregrine falcon

nesting habitat that may be impacted by

Forest activities. Surveys should take

place as early as possible during project

development so that projects can be

designed to minimize any disturbance

to peregrine falcons.

Conduct no activities that might

disturb peregrine falcons during their

breeding and nesting period within onehalf mile of suitable nesting habitat,

unless the area has been surveyed and

found to be unoccupied. Exceptions

may be made through consultation with

the U.S. Fish & Wildlife Service.

Little Colorado River Spinedace, Loach

Minnow, and Spikedace

Apache, Sitgreaves, Coconino, Gila,

Prescott, and Tonto National Forests

Apache Trout

Apache-Sitgreaves, Coronado, and

Kaibab National Forests

Chihuahua Chub and Gila Trout

Gila National Forest

Gila Top Minnow

Coronado and Tonto National Forests

Razorback Sucker

Apache-Sitgreaves, Coconino, Prescott,

and Tonto National Forests

The term ‘‘species habitat’’

encompasses all stream courses (bank to

bank) which are occupied, unoccupied

suitable, potential, or designated or

proposed critical habitat for the listed

fish species. Potential habitat is that

which is expected to become suitable

within 10 years. Suitable habitat is

defined in the final rule for listing the

species of concern and approved

recovery plans.

Manage dispersed and developed

recreation sites or recreation

improvements within species habitat to

avoid adverse effects (as determined by

a site specific biological assessment) on

the species.

Exclude off-road vehicle use from

within species habitat and adjacent

riparian areas, in the absence of a sitespecific analysis which determines

appropriate levels of use.

Exclude livestock from species

habitat.

Exclude livestock from riparian areas

adjacent to species habitat until

satisfactory riparian condition, as

described in the forest plan, is achieved.

Manage livestock grazing to maintain

desired condition once it is achieved.

Allow no new water diversion for

Forest Service uses from within or

immediately above species habitat in

order to avoid stream flow depletion.

Exceptions can be made in situations

benefiting threatened and endangered

species or their habitats.

Leave large woody debris in species

habitat to provide diversity where there

are no threats to culverts and bridges.

As opportunities arise, obtain water

rights or diversion scheduling

agreements to protect stream flows

within species habitats.

Do not allow motorized mining,

dredging, or material excavation for

non-locatable, common variety minerals

within, adjacent to, or immediately

upstream of species habitat.

Only use chemical fire retardant

adjacent to species habitat when no

other fire suppression means is

available to protect the habitat.

Treat fuel accumulations to abate fire

risk adjacent to species habitat.

Southwest Willow Flycatcher

All Forests (Except the Kaibab and the

Lincoln)

Allow no activities that slow or

prevent progression of potential habitat

(habitat within 10 years of becoming

suitable) toward suitable conditions, or

that reduce the suitability of occupied

or unoccupied suitable habitat.

Identify potential habitat with the

greatest potential for occupancy as

highest priority for management, with

the objective to move it toward suitable

conditions.

Exclude livestock grazing throughout

the year in occupied flycatcher habitat.

Allow grazing in occupied southwestern

willow flycatcher habitat outside of its

breeding season only where

southwestern willow flycatcher research

is occurring under an approved research

plan.

Implement actions such as area

closures, road closures, interpretation,

fencing, and special use permits, to

minimize recreational impacts, when it

is determined recreation is a problem to

the flycatcher.

Implement measures such as

provision of trash receptacles, regular

trash pick-ups, area closures during the

breeding season, and public

information, where it is determined

cowbirds and predator are a problem to

the flycatcher.

Protect occupied, suitable, and

potential habitat from high intensity

wildfires and wildfire suppression

activities.

Cactus Ferruginous Pygmy Owl

Coronado and Tonto National Forests

Projects in areas where it is

determined that cactus ferruginous

pygmy owls are occupying a site during

the breeding period shall: (a) retain all

nest trees and nest cacti; (b) avoid

harassment of individual owls; and (c)

restore and maintain habitat, as

determined by a project-level biological

assessment.
29694 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Notices

Sonora Tiger Salamander

Coronado National Forest

Inform all livestock permittees within

the range of the Sonora tiger salamander

that they are required to notify the

Forest at least 30 days prior to initiating

maintenance, dredging, or cleaning out

of stock tanks.

Prior to any surface-disturbing

activities at stock tanks within the range

of the Sonora tiger salamander, the

presence/absence of the salamander

shall be determined by a qualified

biologist (approved by the Forest

Biologist). If salamanders are not

encountered during seining of the pond,

the salamander will be considered

absent. If salamanders are observed in

the water or can be captured with a dip

net, seining is not necessary.

Individuals authorized by the Forest

to maintain, dredge, or clean out stock

tanks occupied by Sonora tiger

salamanders shall be informed of the

legal and sensitive status of the Sonora

tiger salamander and shall have a copy

of these standards and guidelines.

New surface disturbance and clearing

of vegetation during work at stock tanks

shall be minimized to the extent

practicable.

Maintenance, dredging, and cleaning

of occupied stock tanks shall not occur

from January 1 through May 31.

Oil, fuel, and other equipment fluid

shall be stored away from occupied

stock tanks in secure containers. Any

leaks shall be cleaned up and properly

disposed of as soon as they occur.

If salamanders or larvae are present

prior to dredging or cleaning out of

stock tanks and a qualified biologist

believes seining of salamanders and

larvae out of the tank would reduce

mortality and injury, then the tank shall

be seined and animals held in suitable

tanks, aquaria, or holding ponds and

returned to the tank after maintenance

is complete and, in the judgement of the

qualified biologist, the tank contains

enough water to support the

salamanders.

During maintenance activities, the

amount of underwater objects (logs,

rocks, etc.) for salamander cover and egg

deposition shall be maintained or

increased.

Vegetation cover at tanks occupied by

salamanders shall be retained or

increased through (but not limited to)

the use of partial fencing, construction

of water lots, double tanks, or

alternative waters such as wells and

pipelines. Continue current

management if cover is satisfactory for

the habitat needs.

Except as needed in emergency

situations to abate immediate fire threat

of loss of life or property, no water shall

be drafted from stock tanks known to be

occupied by Sonora tiger salamanders.

Other water sources, such as Parker

Lake, wells, and water tenders shall be

considered before drafting water from

occupied stock tanks.

In non-emergency situations, water

shall be drafted from stock tanks within

the range of the salamander only if other

sources of water are not available or

reasonably accessible, and only if the

tanks are not occupied by salamanders.

An objective of fire suppression

activities shall be protection of occupied

Sonora tiger salamander habitat,

including the watersheds of those

habitats.

All occupied tanks and apparently

suitable tanks (free of nonnative

predators) within the range of the

Sonora tiger salamander shall be

retained in public ownership.

If water is drafted from a stock tank

within the range of the salamander, it

shall not be refilled with water from

another tank, Parker Lake, or other

sources of water that may support fish,

salamanders, or bullfrogs.

As opportunities arise, work with

Arizona Game and Fish Department and

the U.S. Fish & Wildlife Service in the

development of interpretive materials

for users of the Forest that includes

information about legal protection of the

salamander and prohibitions on use of

live baitfish, crayfish, and waterdogs,

and transport of live bullfrogs in the San

Rafael Valley.

New Mexico Ridgenose Rattlesnake

Coronado National Forest

Inform permittees and all field

personnel who implement any portion

of activities under the LRMP in New

Mexico ridgenose rattlesnake habitat of

regulations and protective measures for

the New Mexico ridgenose rattlesnake.

Inform all field personnel that

intentional killing, disturbance, or

harassment of threatened or endangered

species is a violation of the Endangered

Species Act and could result in

prosecution. Inform all personnel that

care should be exercised when

operating vehicles in the project area to

avoid killing or injuring snakes on

roads.

Remove livestock from burned areas

in New Mexico ridgenose rattlesnake

habitat during at least two monsoon

seasons (July 1–Oct. 15) following

prescribed fire, to facilitate vegetation

recovery.

Pima Pineapple Cactus

Coronado National Forest

Confine vehicle use to existing

roadways in occupied habitat.

Manage fuel loads and vegetation

density to protect occupied sites from

the effects of high intensity wildfires.

Pre-plan suppression strategies in

occupied habitat to minimize

suppression impacts on the species.

Comments concerning the proposed

action were solicited from

approximately 2,200 potentially affected

and interested people, agencies, and

organizations in March and April 1998.

Preliminary issues include effects on

habitat and population viability, effects

on vegetation structure and

composition, effects on goods and

services to be produced under land and

resource management plans, and effects

on jobs, income and rural community

economics, and effects on statutory

rights. These issues will be refined and

developed in detail as the analysis

proceeds. Comments on the issues and

suggestions for additional issues are

welcome in response to this Notice of

Intent.

A draft environmental impact

statement is expected to be available for

public review and comment in August

1998, and a final environmental impact

statement available in December 1998.

The comment period on the draft

environmental impact statement will

run for 45 days following the date the

Environmental Protection Agency

publishes the notice of availability in

the Federal Register.

The Forest Service believes 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 comment

period so that substantive comments

and objections are made available to the
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Notices 29695

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 in response to

this solicitation, including names and

addresses of those who comment, will

be considered part of the public record

on this proposed action and will be

available for public inspection.

Comments submitted anonymously will

be accepted and considered.

Additionally, pursuant to 7 CFR 1.27(d),

any person may request the agency to

withhold a submission from the public

record by showing how the Freedom of

Information Act (FOIA) permits such

confidentiality. Persons requesting such

confidentiality should be aware that,

under the FOIA, confidentiality may be

granted in only very limited

circumstances, such as to protect trade

secrets.

The Forest Service will inform the

requester of the agency’s decision

regarding the request for confidentiality,

and where the request is denied, the

agency will return the submission and

notify the requester that the comments

may be resubmitted with or without

name and address.

Dated: May 26, 1998.

Paul Johnson,

Acting Regional Forester.

[FR Doc. 98–14373 Filed 5–29–98; 8:45 am]

BILLING CODE 3410–11–P

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

Opportunity for Designation in the

Amarillo (TX), Fostoria (OH), Schaal

(IA), and Wisconsin Areas, and

Request for Comments on the

Amarillo, Fostoria, Schaal, and

Wisconsin Agencies

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

designations of Amarillo Grain

Exchange, Inc. (Amarillo), Fostoria

Grain Inspection, Inc. (Fostoria), D.R.

Schaal Agency, Inc. (Schaal), and the

Wisconsin Department of Agriculture,

Trade and Consumer Protection

(Wisconsin), will end November 30,

1998, according to the Act. GIPSA is

asking persons interested in providing

official services in the Amarillo,

Fostoria, Schaal, and Wisconsin areas to

submit an application for designation.

GIPSA is also asking for comments on

the services provided by Amarillo,

Fostoria, Schaal, and Wisconsin.

DATES: Applications must be

postmarked or sent by telecopier (FAX)

on or before June 30, 1998. Comments

are due by July 31, 1998.

ADDRESSES: Applications and comments

must be submitted to USDA, GIPSA,

Janet M. Hart, Chief, Review Branch,

Compliance Division, STOP 3604, Room

1647–S, 1400 Independence Avenue,

SW, Washington, DC 20250–3604.

Applications and comments may be

submitted by FAX on 202–690–2755. If

an application is submitted by FAX,

GIPSA reserves the right to request an

original application. All applications

and comments will be made available

for public inspection at this address

located at 1400 Independence Avenue,

SW, during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Janet M. Hart, at 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.

Section 7(f)(1) of the Act authorizes

GIPSA’s Administrator to designate a

qualified applicant to provide official

services in a specified area after

determining that the applicant is better

able than any other applicant to provide

such official services. GIPSA designated

Amarillo, main office located in

Amarillo, Texas, Schaal, main office

located in Belmond, Iowa, and

Wisconsin, main office located in

Madison, Wisconsin, to provide official

inspection services under the Act on

December 1, 1995. GIPSA designated

Fostoria, main office located in Fostoria,

Ohio, to provide official inspection

services under the Act on December 1,

1997.

Section 7(g)(1) of the Act provides

that designations of official agencies

shall end not later than triennially and

may be renewed according to the

criteria and procedures prescribed in

Section 7(f) of the Act. The designations

of Amarillo, Fostoria, Schaal, and

Wisconsin end on November 30, 1998,

according to the Act.

Pursuant to Section 7(f)(2) of the Act,

the following geographic area, in the

States of Oklahoma and Texas, is

assigned to Amarillo.

In Texas:

Bounded on the North by the TexasOklahoma State line to the eastern Clay

County line;

Bounded on the East by the eastern

Clay, Archer, Throckmorton,

Shackelford, and Callahan County lines;

Bounded on the South by the

southern Callahan, Taylor, and Nolan

County lines;

Bounded on the West by the western

Nolan, Fisher, Stonewall, King, and

Cottle County lines; the western

Childress County line north to U.S.

Route 287; U.S. Route 287 northwest to

Donley County; the southern Donley

and Armstrong County lines west to

Prairie Dog Town Fork of the Red River;

Prairie Dog Town Fork of the Red River

northwest to State Route 217; State

Route 217 west to FM 1062; FM 1062

west to U.S. Route 385; U.S. Route 385

north to Oldham County; the southern

Oldham County line; the western

Oldham, Hartley, and Dallam County

lines.

Beaver, Beckham, Cimarron, Ellis,

Harper, Roger Mills, and Texas

Counties, Oklahoma.

Pursuant to Section 7(f)(2) of the Act,

the following geographic area, in the

State of Ohio, is assigned to Fostoria.

Bounded on the North by the northern

and eastern Fulton County lines; the

eastern Henry County line; the northern

and eastern Wood County lines; the

northern Sandusky County line east to

State Route 590;

Bounded on the East by State Route

590 south to Seneca County; the

northern Seneca County line east to

State Route 53; State Route 53 south to