Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32357 

1To view the notices, petition, EA, risk 

assessment, and the comments we received, go to 

(http://www.regulations.gov/fdmspublic/ 

component/main?main=DocketDetail&d=APHIS2007-0156). 

determination of nonregulated status 

must take and the information that must 

be included in the petition. 

On December 20, 2006, APHIS 

received a petition seeking a 

determination of nonregulated status 

(APHIS Petition No. 06-354-01p) from 

Pioneer Hi-Bred International, Inc., of 

Johnston, IA (Pioneer), for soybean 

(Glycine max L.) designated as 

transformation event 305423, which has 

been genetically engineered for higher 

levels of oleic acid, a monounsaturated 

fat in soybean oil, stating that soybean 

line 305423 does not present a plant 

pest risk and, therefore, should not be 

a regulated article under APHIS’ 

regulations in 7 CFR part 340. 

In a notice 1 published in the Federal 

Register on September 2, 2009 (74 FR 

45413-45415, Docket No. APHIS-2007- 

0156), APHIS announced the 

availability of Pioneer’s petition and the 

associated draft environmental 

assessment (EA) and plant pest risk 

assessment for public comment. APHIS 

solicited comments for 60 days ending 

on November 2, 2009, on whether the 

genetically engineered soybean is or 

could be a plant pest and on the draft 

EA and the risk assessment. In a 

subsequent notice published in the 

Federal Register on October 26, 2009 

(74 FR 54950-54951, Docket No. APHIS2007-0156), we extended the comment 

period until December 28, 2009. 

APHIS received 40 comments during 

the comment period. There were 22 

comments from groups or individuals 

who supported deregulation and 18 

from those who opposed deregulation. 

APHIS has addressed the issues raised 

during the comment period and has 

provided responses to these comments 

as an attachment to the finding of no 

significant impact. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the 

determination of nonregulated status for 

Pioneer’s 305423 soybean, an EA has 

been prepared. The EA was prepared in 

accordance with: (1) The National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.), (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500-1508), (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b), and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). Based on that EA, the response to 

public comments, and other pertinent 

scientific data, APHIS has reached a 

finding of no significant impact with 

regard to the preferred alternative 

identified in the EA, i.e., that Pioneer’s 

305423 soybean line and lines 

developed from it are granted 

nonregulated status and are no longer 

regulated articles under its regulations 

in 7 CFR part 340. 

Determination 

Based on APHIS’ analysis of field, 

greenhouse, and laboratory data 

submitted by Pioneer, references 

provided in the petition, information 

analyzed in the EA, the plant pest risk 

assessment, comments provided by the 

public, and information provided in 

APHIS’ response to those public 

comments, APHIS has determined that 

Pioneer’s 305423 soybean is unlikely to 

pose a plant pest risk and should be 

granted nonregulated status. 

Copies of the signed determination 

document, as well as copies of the 

petition, plant pest risk assessment, EA, 

finding of no significant impact, and 

response to comments are available as 

indicated in the ADDRESSES and FOR

FURTHER INFORMATION CONTACT sections 

of this notice. 

Authority: 7 U.S.C. 7701-7772 and 7781- 

7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.3. 

Done in Washington, DC, this 2nd day 

of June 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–13722 Filed 6–7–10; 6:37 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Gallatin National Forest; Montana; 

Jack Rabbit to Big Sky Meadow Village 

161 kV Transmission Line Upgrade 

Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The U.S. Forest Service 

(Forest Service) is preparing an 

environmental impact statement (EIS) to 

consider potential effects of a proposed 

project by NorthWestern Energy to 

rebuild an existing 69-kilovolt (kV) 

electric transmission line to a 161-kV 

electric transmission line. The upgraded 

161-kV transmission line would connect 

the existing Jack Rabbit Substation 

located near Four Corners, west of 

Bozeman, Montana, to a new substation 

near Big Sky Meadow Village in Big 

Sky, Montana. Alternatives for the 

proposed transmission line would pass 

through private, state, and federally 

managed lands in Montana. Federally 

managed lands include National Forest 

System (NFS) lands administered by the 

Gallatin National Forest. The Forest 

Service will consider whether to 

authorize the construction, operation 

and maintenance activities along and 

within the existing right of way for the 

portion of the transmisson line that is 

on NFS lands, approximately 16 miles 

of the proposed 37-mile route. 

DATES: Comments concerning the scope 

of the analysis must be received by July 

8, 2010. The draft EIS is expected in 

December 2010 and the final EIS is 

expected in April 2011. 

ADDRESSES: Send written comments to 

Teri Seth, Forest Service Project 

Manager, Gallatin National Forest, 3710 

Fallon Street, Suite C, Bozeman, MT 

59718. Comments may also be sent via 

e-mail to comments-northerngallatin@fs.fed.us or via facsimile to 

(406) 522–2528. Electronic comments 

must be submitted with Microsoft word 

software. 

It is important that reviewers provide 

their comments at such times and in 

such a way that they are useful to the 

Agency’s preparation of the EIS. 

Therefore, comments should be 

provided prior to the close of the 

comment period and should clearly 

articulate the reviewer’s concerns and 

contentions specific to this proposal on 

NFS lands. 

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, also. 

FOR FURTHER INFORMATION CONTACT: Teri 

Seth, Forest Service Project Manager, 

Gallatin National Forest; or Lisa 

Stoeffler, District Ranger. Both contacts 

can be reached at 406/522–2520. For 

additional project details you can also 

go to the Gallatin Forest Webpage, look 

for the Big Sky 161 kV Upgrade Project 

on the Planning page: http:// 

www.fs.fed.us/rl/gallatin/ 

?page=projects. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 


emcdonald on DSK2BSOYB1PROD with NOTICES
32358 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

Purpose and Need for Action 

The Gallatin Valley and Big Sky, MT 

are among the fastest growing areas 

within NorthWestern Energy’s service 

territory. NorthWestern Energy is the 

sole electricity provider for the project 

area. Electrical Utility companies in the 

United States must plan, operate, and 

maintain their transmission systems 

according to the North American 

Electrical Reliability Corporation 

(NERC) reliability standards. NERC 

develops and enforces reliability 

standards; monitors power systems; 

assesses future adequacy; audits owners, 

operators, and users for preparedness; 

and educates and trains industry 

personnel. NERC works with eight 

regional entities to improve the 

reliability of the bulk power system. The 

Jack Rabbit to Big Sky Meadows system 

operates under the guidance of the 

Western Electric Coordinating Council 

(WECC). Utility companies must remain 

in compliance with these industry 

standards. When loop service is 

provided to an area or load, utility 

transmission systems must be built with 

sufficient levels of redundancy to enable 

the transmission system to reliably 

operate in the event of the loss of any 

single element (e.g. transmission line 

segment or substation element). In the 

simplest application of these standards, 

a bulk transmission system consisting of 

one line and one substation will have to 

be constructed with an additional 

(redundant) line and necessary 

substation components capable of 

providing backup electrical paths in the 

event an element of the system is lost 

due to forced outage or outage required 

for maintenance. 

The electrical power demand in the 

Big Sky area is currently served from 

two 69 kV transmission lines—one from 

the Ennis Auto Substation at Ennis, MT 

and the other from Jack Rabbit Auto 

Substation near Four Corners west of 

Bozeman, MT. On an annual basis, 

current usage exceeds capacity of the 

Jack Rabbit Auto 69 kV line about 40% 

of time. In the event of a power outage 

from the Ennis Auto side, there is 

inadequate infrastructure to serve the 

electrical load from the Jack Rabbit Auto 

and some level of power outage would 

be experienced in the entire area. As the 

Big Sky area continues to grow, this 

situation will worsen. These reliability 

shortfalls do not meet industry 

standards. 

Rebuilding and upgrade of the 

existing 69 kV line to a 161 kV facility 

between the Jack Rabbit substation and 

the Meadow Village substation, along 

with building a new Meadow Village 

Substation and an upgraded distribution 

circuit, eliminates the adequacy and 

reliability problems associated with the 

current electric transmission system. 

This proposed project would meet the 

current energy demands and provide for 

anticipated growth, which would better 

comply with industry standards and 

customer needs. 

Proposed Action 

The Gallatin National Forest proposes 

to authorize the construction, operation 

and maintenance of an entirely new 

transmission and distribution line 

facility along and within the existing 

right of way for the portion of the line 

on National Forest System lands. 

Construction of the project would take 

one to two years to complete. 

Construction would be scheduled to 

begin in 2011 with the system coming 

on line, energized at the 161-kV level, 

during the fall of 2013. The design, 

construction, operation and 

maintenance of the project would meet 

or exceed the requirements of the 

National Electrical Safety Code (NESC), 

U.S. Department of Labor, Occupational 

Safety and Health Standards, Western 

Electricity Coordinating Council 

(WECC) Transmission System 

Performance and Reliability Criteria and 

North Western Energy’s requirements 

for safety and the protection of 

landowners and their property. 

The Forest Service will also consider 

the no-action alternative in the ETS. 

Under the no-action alternative, the 

existing special use permit would 

remain in place and maintenance of the 

existing 69 kV line would be continued. 

Responsible Official 

Forest Supervisor, Gallatin National 

Forest. 

Nature of Decision To Be Made 

The decision framework refers to the 

scope of the decision that will be issued 

at the conclusion of this analysis by the 

Responsible Official. The decision will 

be based on information disclosed in the 

EIS and comments submitted during the 

scoping of the proposed action and the 

comment period. The decision maker 

will take into consideration 

relationships of alternatives to the 

identified significant issues. 

The Responsible Official may decide 

whether or not to: 

• Authorize the rebuild and/or 

upgrade of the transmission and 

distribution line for the portion of the 

Jack Rabbit to Big Sky Meadow Village 

Transmission Line on NFS land; 

• What if any associated activities, 

mitigation measures, restoration actions 

or monitoring would be included in the 

decision 

• Whether a site specific Forest Plan 

Amendment is needed. 

Preliminary Issues 

Northwestern Energy and the Forest 

Service previously held internal and 

public information meetings in April 

2009 to obtain input on issues and 

concerns for the proposed action. 

Through these initial activities, the 

Forest Service identified the need for an 

ETS and the following issues, potential 

impacts, mitigation measures, and 

alternatives to the proposed action: 

• Cultural and archeological 

resources 

• Visual resources/Scenery 

• Human health and safety (including 

electric and magnetic fields) 

• Recreation and land use (including 

special management designations on 

public land) 

• Socioeconomics (including 

property value impacts and impacts to 

ratepayers) 

• Soils and geology 

• Biological resources (wildlife, 

special status plants and animals, 

invasive weeds, snag habitat) 

• Water resources and wetlands 

• Road blockages and power outages 

from construction 

• Fire risk 

• Reclamation practices 

• Alternative energy generation 

• Alternative transmission methods 

(i.e. underground lines) 

• Consideration of adding a second 

line on Ennis side 

• Consideration of reroutes near 

Cascade Creek homes/Lava Lake 

Trailhead area, Greek Creek homes and 

the Deer Creek Trailhead areas. 

Permits or Licenses Required 

Permits would be required to 

construct, operate and maintain the 

proposed project. A special use 

authorization is required for use of NFS 

lands. A utility encroachment/ 

occupancy permit would need to be 

obtained from the Montana Department 

of Transportation to cross and occupy 

the right-of-way of US 191 that extends 

through the Gallatin National Forest. 

Montana Department of Environmental 

Quality would require a Joint 

Application for Proposed Work in 

Streams, Lakes and Wetlands. 

Depending on the resources impacted 

by the proposed action and alternatives, 

other permits may be required and will 

be identified in the EIS. 

Scoping Process 

This notice of intent initiates the 

scoping process, which guides the 

development of the environmental 

impact statement. The Forest Service 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32359 

encourages you to send your comments 

concerning the proposed action, 

possible mitigation measures, and any 

other information relevant to the 

proposal. 

Any persons wanting to be added to 

a mailing list of interested parties can 

call or write to Forest Service, as 

described in this notice. Additional 

announcements will be made by news 

release to the Bozeman Daily Chronicle 

and other media outlets. Scoping 

meetings were held last spring and 

summer. No additional meetings are 

planned. All comments received by the 

Forest Service during the scoping 

comment period in March/April 2009 

and the follow-up meetings will be 

considered and are part of the record for 

this EIS. You are encouraged to submit 

additional issues but there is no need to 

resubmit previously submitted 

comments or concerns. All comments 

will be considered in the EIS. 

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). 5 

Because of these court rulings, it is 

very important that those interested in 

this proposed action participate during 

comment periods provided so that 

substantive comments and objections 

are made available to the Forest Service 

at a time when they can meaningfully 

consider them. To assist the Forest 

Service in identifying and considering 

issues, comments should be specific to 

concerns associated with the upgraded 

161-kV transmission line. 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 structuring 

comments. 

Dated: May 25, 2010. 

Mary C. Erickson, 

Forest Supervisor. 

[FR Doc. 2010–13499 Filed 6–7–10; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Upper Rio Grande Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Upper Rio Grande 

Resource Advisory Committee will meet 

in South Fork, Colorado. The committee 

is meeting as authorized under the 

Secure Rural Schools and Community 

Self-Determination Act (Pub. L. 110– 

343) and in compliance with the Federal 

Advisory Committee Act. The purpose 

is to hold the first meeting of the newly 

formed committee. 

DATES: The meeting will be held on June 

22, 2010, and will begin at 1 p.m. 

ADDRESSES: The meeting will be held at 

the South Fork Community Building, 

0254 Highway 149, South Fork, 

Colorado. Written comments should be 

sent to Mike Blakeman, San Luis Valley 

Public Lands Center, 1803 West U.S. 

Highway 160, Monte Vista, CO 81144. 

Comments may also be sent via e-mail 

to mblakeman@fs.fed.us, or via 

facsimile to 719–852–6250. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at the San 

Luis Valley Public Lands Center, 1803 

West U.S. Highway 160, Monte Vista, 

CO 81144. 

FOR FURTHER INFORMATION CONTACT: 

Mike Blakeman, RAC coordinator, 

USDA, San Luis Valley Public Lands 

Center, 1803 West U.S. Highway 160, 

Monte Vista, CO 81144; 719–852–6212; 

E-mail mblakeman@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. The 

following business will be conducted: 

(1) Introductions of all committee 

members, replacement members and 

Forest Service personnel. (2) Selection 

of a chairperson by the committee 

members. (3) Receive materials 

explaining the process for considering 

and recommending Title II projects; and 

(4) Public Comment. Persons who wish 

to bring related matters to the attention 

of the Committee may file written 

statements with the Committee staff 

before or after the meeting. 

Dated: May 26, 2010. 

Dan S. Dallas, 

Forest Supervisor. 

[FR Doc. 2010–13476 Filed 6–7–10; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Kern and Tulare Counties Resource 

Advisory Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Kern and Tulare Counties 

Resource Advisory Committee (RAC) 

will meet in Porterville and Bakersfield, 

California. The committee is meeting as 

authorized under the Secure Rural 

Schools and Community SelfDetermination Act (Pub. L. 110–343) 

and in compliance with the Federal 

Advisory Committee Act. The purpose 

of the meetings is to establish and 

implement a process to accept projects 

and determine which projects to 

recommend to the Forest Supervisor for 

funding under Title II of the Act. 

DATES: The meetings will be held on 

June 30, 2010, July 22, 2010, and August 

26, 2010. All meetings will begin at 5 

p.m. 

ADDRESSES: The June and August 

meetings will be held at the Sequoia 

National Forest Headquarters, 1839 

South Newcomb Street, Porterville, 

California. The July meeting will be 

held at the Doubletree Inn, 3100 Camino 

Del Rio Court, Bakersfield, California. 

Written comments should be sent to 

Priscilla Summers, Western Divide 

Ranger District, 32588 Highway 190, 

Springville, California 93265. 

Comments may also be sent via e-mail 

to psummers@fs.fed.us, or via facsimile 

to 559–539–2067. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at Western 

Divide Ranger District, 32588 Highway 

190, Springville, CA 93265. Visitors are 

encouraged to call ahead to 559–539– 

2607 to facilitate entry into the building. 

FOR FURTHER INFORMATION CONTACT: 

Mary Chislock, RAC coordinator, 

Sequoia National Forest Headquarters, 

1839 South Newcomb Street, 


emcdonald on DSK2BSOYB1PROD with NOTICES