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,

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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

70057 

Vol. 70, No. 223 

Monday, November 21, 2005 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Idaho Panhandle National Forest, 

Idaho—Supplemental Hidden Cedar 

EIS Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare a 

Supplemental Environmental Impact 

Statement. 

SUMMARY: The USDA Forest Service will 

prepare a Supplemental Environmental 

Impact Statement (SEIS) for the Hidden 

Cedar Project. The Notice of Availability 

of the Draft EIS for the Hidden Cedar 

project was published Federal Register 

(66 FR 29799) on June 1, 2001 and the 

notice of the Final EIS (67 FR 47538– 

47539) was published on July 19, 2002. 

The Record of Decision on this project 

was administratively appealed to the 

Regional Forester per 36 CFR part 215. 

The Regional Forester affirmed my 

decision on September 27, 2002. 

However, due to information that has 

been identified since the availability of 

the final EIS and ROD I have 

determined a need for a supplement. On 

May 18, 2005, I withdrew the Record of 

Decision for the Hidden Cedar project. 

The purpose for the withdrawal was to 

further address analysis issues raised 

through the recent opinion issued 

through the U.S. Court of Appeals for 

the Ninth Circuit in Lands Council v. 

Powell, 395 F.3d 1015–1046 (9th Cir. 

2005). 

DATES: Scoping is not required for 

supplements to environmental impact 

statements (40 CFR 1502.9(c)(4)). There 

was extensive public involvement in the 

development of the proposed action, the 

2001 Draft EIS and the 2002 Final EIS 

and the Forest Service is not inviting 

comments at this time. 

ADDRESSES: St. Joe Ranger District, 222 

South 7th Street Suite 1, St. Maries, 

Idaho 83861. 

FOR FURTHER INFORMATION CONTACT: Pete 

Ratcliffe—Hidden Cedar Supplement 

Project Team Leader, USDA Forest 

Service, St. Joe Ranger District, 208– 

245–2531. 

SUPPLEMENTARY INFORMATION: The 

Hidden Cedar ROD was released at the 

same time as the Final EIS and the legal 

notice of decision was published June 

29, 2002. The ROD selected alternative 

F and authorized vegetative treatments 

on approximately 1300 acres through a 

combination of intermediate 

silvicultural prescriptions and 

regeneration harvest treatments, and an 

estimated 615 acres of precommercial 

thinning. Approximately 5.3 miles of 

road construction, 2.0 miles temporary 

road construction, and 4.6 miles of road 

reconstruction is necessary to complete 

the vegetation treatments. To improve 

watershed conditions the 

decommissioning of an estimated 37.5 

miles of existing roads, planting 30 

acres of riparian habitat, and increasing 

large woody debris in 1.2 miles of 

stream channel was authorized. In 

accordance with the Alaska National 

Interest Lands Conservation Act 

(ANILCA) and in order to provide 

access to private/State Lands and 

maintain roads for development and 

utilization I authorized the construction 

of 2.4 miles of road and the 

reconstruction of 3.5 miles of road on 

Forest Service administered lands. The 

Record of Decision was appealed. 

Following administrative review, the 

decision was affirmed and the 

appellant’s requested relief denied by 

the Appeal Deciding Officer for the 

Northern Region of the USDA Forest 

Service on September 27, 2002. On 

April 21, 2003, Lands Council filed a 

lawsuit for a temporary restraining order 

and preliminary injunction. In light of 

the lawsuit the Forest Service elected to 

not proceed with any ground disturbing 

activities related to timber harvesting or 

road construction. However, large 

woody debris placement, approximately 

12 miles of the road decommissioning, 

and 25 acres of riparian planting was 

competed. 

The Supplemental EIS will contain 

additional information relating to past 

and reasonably foreseeable timber 

harvest activities, particularly on the 

surrounding private properties, water 

quality and fisheries analysis, soil 

conditions, stands of old growth trees, 

and wildlife analysis methodologies. 

The SEIS is intended to provide 

additional evaluation of the natural 

resources listed above and provide that 

information to the public. 

The purpose and need for the Hidden 

Cedar project includes considerations 

for vegetation, water quality, fish 

habitat, wildlife security, and access to 

private lands. The vegetation goal is to 

manage for vegetative conditions that 

are more suitable to a fire-dependent 

ecosystem and, in the long term, 

encourage more resilient and 

sustainable forest conditions. This 

includes reducing stand densities, 

improve stocking levels and growing 

conditions, promote retention of larger 

sized trees, and improve the species 

composition and structure of selected 

stands through timber harvest to 

increase early seral species such as 

western larch and white pine and 

encourage one and two-aged stand 

structures, moving vegetation towards 

historical conditions. The goal for water 

quality, fish habitat, and wildlife 

security is to address the transportation 

system for protection of lands and 

resources. The goal for access 

management is to provide access to 

private lands and maintain roads for 

forest development and utilization. 

Responsible Official 

Ranotta K. McNair, Forest Supervisor, 

Idaho Panhandle National Forests, 3815 

Schreiber Way, Coeur D’Alene, Idaho 

83815. 

Comments 

A Draft SEIS is expected to the public 

for review and comment in February 

2006; and a Final SEIS in April 2006. 

The mailing list for this project will 

include those individuals, agencies, and 

organizations on the mailing list for the 

2002 Draft Hidden Cedar EIS. 

The comment period on the Draft 

Supplemental Environmental Impact 

Statement will be 45 days from the date 

the Environmental Protection Agency 

publishes the Notice of Availability in 

the Federal Register. In accordance with 

36 CFR 215.5, as published in the 

Federal Register, Volume 68 no. 107, 

June 4, 2003, the Draft Supplemental 

EIS comment period will be the 

designated time in which ‘‘substantive’’ 

comments will be considered. In 

addition, the public is encouraged to 

contact or visit the Forest Service 

officials during the analysis and prior to 

the decision. The Forest Service will 

70058 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices 

continue to seek information, 

comments, and assistance from Federal, 

Tribal, State, and local agencies and 

other individuals or organizations that 

may be interested in or affected by the 

proposed actions. 

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, 533 (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 

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 

supplemental environmental impact 

statement. 

To assist the Forest Service in 

identifying and considering issues and 

concerns on the proposed action, 

comments on the draft supplemental 

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 addressees of those who 

comment, will be considered part of the 

public record on this proposal and will 

be available for public inspection. 

The Idaho Panhandle National Forests 

Supervisor will make a decision on the 

project after considering comments and 

responses, environmental consequences 

discussed in the Final Supplemental 

EIS, and applicable laws, regulations 

and policies. The decision and 

supporting reasons will be documented 

in a Record of Decision. 

(Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21) 

Dated: November 14, 2005. 

Ranotta K. McNair, 

Forest Supervisor, Idaho Panhandle National 

Forests. 

[FR Doc. 05–22968 Filed 11–18–05; 8:45am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF COMMERCE 

Bureau of the Census 

[Docket Number 051107295–5295–01] 

Annual Retail Trade Survey 

AGENCY: Bureau of the Census, 

Commerce. 

ACTION: Notice of determination. 

SUMMARY: The Bureau of the Census 

(Census Bureau) is conducting the 

Annual Retail Trade Survey. The 

Census Bureau has determined that it 

needs to collect data covering annual 

sales, e-commerce sales, percent of ecommerce sales to customers located 

outside the United States, year-end 

inventories, purchases, accounts 

receivables and, for select industries, 

merchandise line sales and percent of 

sales by class of customer. 

ADDRESSES: The Census Bureau will 

furnish report forms to organizations 

included in the survey. Additional 

copies are available upon written 

request to the Director, U.S. Census 

Bureau, Washington, DC 20233–0101. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Piesto, Service Sector Statistics 

Division, on (301) 763–2747. 

SUPPLEMENTARY INFORMATION: The 

Annual Retail Trade Survey is a 

continuation of similar retail trade 

surveys conducted each year since 1951 

(except 1954). It provides, on a 

comparable classification basis, annual 

sales, e-commerce sales, purchases, and 

year-end inventories for 2004 and 2005. 

These data are not available publicly on 

a timely basis from nongovernmental or 

other governmental sources. 

The Census Bureau will require a 

selected sample of firms operating retail 

establishments in the United States 

(with sales size determining the 

probability of selection) to report in the 

2005 Annual Retail Trade Survey. We 

will furnish report forms to the firms 

covered by this survey and will require 

their submissions within 30 days after 

receipt. The sample will provide, with 

measurable reliability, statistics on the 

subjects specified above. 

The Census Bureau is authorized to 

take surveys that are necessary to 

furnish current data on the subjects 

covered by the major censuses 

authorized by Title 13, United States 

Code, sections 182, 224, and 225. This 

survey will provide continuing and 

timely national statistical data on retail 

trade for the period between economic 

censuses. For 2005, the survey will, as 

it has in the past, operate as a separate 

sample of retail companies. The data 

collected in this survey will be similar 

to that collected in the past and within 

the general scope and nature of those 

inquiries covered in the economic 

census. These data will provide a sound 

statistical basis for the formation of 

policy by various government agencies. 

These data also apply to a variety of 

public and business needs. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act (PRA) unless that 

collection of information displays a 

current valid Office of Management and 

Budget (OMB) control number. In 

accordance with the PRA, 44 United 

States Code, Chapter 35, the OMB 

approved the Annual Retail Trade 

Survey under OMB Control Number 

0607–0013. We will furnish report 

forms to organizations included in the 

survey. 

Based upon the foregoing, I have 

directed that an annual survey be 

conducted for the purpose of collecting 

these data. 

Dated: November 15, 2005. 

Charles Louis Kincannon, 

Director, Bureau of the Census. 

[FR Doc. 05–22944 Filed 11–18–05; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Docket 49–2005] 

Foreign–Trade Zone 22 -- Chicago, 

Illinois, Area, Application for 

Expansion, Correction 

The Federal Register notice (70 FR 

61429–61430, 10/24/05) describing the 

request submitted by the Illinois 

International Port District, grantee of 

FTZ 22, requesting authority to expand 

its zone in the Chicago area, is corrected 

as follows: 

Paragraph 8 should read ‘‘A copy of 

the application and accompanying 

exhibits will be available during this