Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60231 

consistency of sampling and testing 

procedures used by FSIS and industry 

for E. coli O157:H7 in beef 

manufacturing trimmings and to solicit 

comment on how to improve uniformity 

and consistency in such sampling and 

testing. FSIS will also discuss the 

laboratory enrichment procedure that it 

began using in January 2008 (73 FR 

53406; September 16, 2008) and its 

likely impact on sensitivity for 

identifying more positives in beef. 

The discussion will also include the 

draft ‘‘Compliance Guideline for 

Sampling Beef Trimmings for 

Escherichia coli O157:H7.’’ It can be 

found on the FSIS Web page at: 

http://www.fsis.usda.gov/ 

Significant_Guidance/index.asp. FSIS is 

particularly interested in discussing the 

importance of distinguishing the 

occasional or sporadic positive from a 

series of positive results that indicate a 

systemic cause or breakdown of the 

process controls (‘‘high event days’’). 

This determination is important for 

decisions regarding the microbiological 

independence of production lots and 

the disposition of product, as well as the 

necessary feedback loop between 

slaughter operations and further 

processing operations to ensure 

implementation of effective corrective 

and preventive actions. 

FSIS will also discuss the draft 

guidance on the use of labels bearing E. 

coli O157:H7 testing claims (such as 

statements indicating that labeled 

product has been sampled under an N60 

procedure). This guidance is also 

available on the FSIS Web page at 

http://www.fsis.usda.gov/ 

Significant_Guidance/index.asp. Such 

special label claims would be voluntary, 

and FSIS must approve the labels. The 

draft guidance provides information to 

establishments concerning the 

conditions they must meet to be able to 

use such claims on their raw beef 

products. Importantly, the use of such 

label claims could provide the further 

processor with greater assurance 

regarding prior controls for E. coli 

O157:H7 than certificates of analysis 

(COAs) currently provide. Many small 

and very small establishments have 

indicated that they have difficulty 

receiving COAs either from the 

distributor or supplier establishment. 

In addition, presentations will be 

given on the training used by FSIS 

concerning proper sampling procedures 

for E. coli O157:H7 and the training 

developed by industry on N60 sampling 

procedures. FSIS also anticipates that 

the meeting will help identify issues of 

concern about pathogens other than E. 

coli O157:H7, including Listeria 

monocytogenes and Salmonella. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this notice, FSIS will announce it online through the FSIS Web page located 

at http://www.fsis.usda.gov/regulations/ 

2008_Notices_Index/. 

FSIS also will make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals and 

other individuals who have asked to be 

included. The Update is also available 

on the FSIS Web page. Through the 

Listserv and the Web page, FSIS is able 

to provide information to a much 

broader and more diverse audience. In 

addition, FSIS offers an e mail 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_and_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

Done at Washington, DC on: October 7, 

2008. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. E8–24216 Filed 10–7–08; 4:15 pm] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Conejos Peak Ranger District, Rio 

Grande National Forest; Colorado; Rio 

de los Pinos Vegetation Management 

Project 

AGENCY: Forest Service, Rio Grande 

National Forest, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The project analyzes salvage 

harvesting of spruce beetle killed and 

infested trees on timber production 

areas in the Rio de los Pinos watershed. 

This project will provide an opportunity 

to improve and relocate the Los Pinos 

Trailhead (Trail #736). This area was 

analyzed under the County Line 

Vegetation Management Project in June 

2005, however changing forest 

conditions have warranted further 

analysis. An EA was initiated in 2007, 

and comments received during scoping 

and controversy surrounding similar 

projects on the Rio Grande National 

Forest indicate that an environmental 

impact statement (EIS) should be 

prepared. 

DATES: Comments concerning the scope 

of the analysis must be received by 30 

days from the date of this notice. The 

draft environmental impact statement is 

expected December 12, 2008 and the 

final environmental impact statement is 

expected February 2, 2009. 

ADDRESSES: Send written comments to 

Mr. Jack Lewis, Team Leader, Rio 

Grande National Forest, Conejos Peak 

Ranger District, 15571 CR T.5, LaJara, 

CO 81140. Electronic mail (e-mail with 

subject, Rio de los Pinos comments) 

may be sent to comments-rockymountain.rio-grande-conejospeak@fs.fed.us and a FAX may be sent 

to (719) 274–6301. 

FOR FURTHER INFORMATION CONTACT: 

Same as above. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The purpose of this action is to 

implement the Rio Grande National 

Forest’s Forest Plan by making live and 

dead timber available to the timber 

industry as part of the Rio Grande 

National Forest’s timber sale program. 

This proposal has been initiated 

because existing conditions vary from 

the Desired Conditions defined in Forest 

Plan MAP 5.13. This disparity indicates 

a need for improved forest stand 

conditions, reforestation of areas 

severely impacted by spruce beetle, 

reducing long-term fuel buildup in areas 

severely impacted by spruce beetle, 

salvage of dead trees before they lose 

their economic value, and provision of 

wood products to benefit the local and 

regional economy. 

When seeking to reduce the standing 

dead fuel component, the goal is to 

reduce the duration and intensity of a 

potential wildland fire, thus influencing 

the severity of its impact. Standing dead 

fuel is expected to become heavy down 

fuel within 20–50 years. 

Proposed Action 

The Rio Grande National Forest 

proposes to salvage Engelmann spruce 

trees that have been killed by, or are 

infested with, spruce beetle. 

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60232 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

Additionally, we propose to perform 1⁄4

to 5 acre patch cuts across the salvage 

units to enhance visual resources, and 

to regenerate areas heavily impacted by 

the spruce beetle by planting 

Engelmann spruce seedlings within the 

Rio de los Pinos Analysis Area. The 

proposed treatments would contribute 

toward providing a sustained yield of 

forest products from the Rio Grande 

National Forest and would ensure 

meeting or moving toward Forest Plan 

Desired Conditions for Management 

Area Prescriptions (MAP) 5.13. This 

proposed action would begin in 2009– 

2010. 

Salvage harvesting of Engelmann 

spruce would occur on approximately 

607 to 878 acres. Anywhere from 38 to 

60 trees per acre 8′′ DBH and above will 

remain in the salvage units for scenic 

resources. Patch cuts would occur on 

approximately 60 acres, harvesting both 

Engelmann spruce and Subalpine fir. 

Ground-based logging systems would be 

utilized on the entire area, yielding 8– 

13.1 MMBF (16,000–26,200 ccf) timber 

volume. After harvest, reforestation 

would occur on approx. 200 acres of 

non-stocked and under-stocked areas. 

The exact planting area would depend 

how well existing natural regeneration 

meets Forest Plan stocking 

requirements. 

Under this proposal, trees 8 inches 

DBH and larger would be considered for 

harvest. With the exception of the patch 

cuts, all live non-beetle infested trees 

not interfering with operations would be 

left. Rehabilitation of areas experiencing 

heavy spruce mortality would occur 

through natural and artificial 

regeneration. 

Most of the treatment areas are 

accessible using the existing 

transportation system. Some road 

reconstruction, maintenance, and 

reopening one or more old unclassified 

roads would be required. Upon project 

completion, all classified roads that 

were closed to motor vehicle travel prior 

to the project would remain closed. 

Classified roads that are presently 

closed and old roads that would be 

reconstructed for log haul would be 

rehabilitated by subsoiling and seeding 

according to Project Design Criteria to 

reduce resource impacts and to put the 

road templates back into resource 

production. 

Actions proposed in this EIS will 

provide an opportunity to relocate and 

improve the Los Pinos trailhead (Trail 

736) which currently has little parking 

space and is only accessible by high 

clearance vehicles. 

Responsible Official 

Roberto Martinez, District Ranger, 

Conejos Peak Ranger District, 15571 

County Road T.5, La Jara, CO 81140. 

Nature of Decision To Be Made 

The EIS discloses the environmental 

consequences of implementing the 

proposed action and alternatives to that 

action. A separate Decision Notice (DN), 

signed by the Responsible Official, will 

explain the management and 

environmental reasons for choosing the 

selected alternative; discuss the 

rationale for rejecting other alternatives; 

and disclose how the decision responds 

to the relevant issues. 

The decision for the responsible 

officials to make in the DN is whether 

or not to implement some level of 

timber sale harvest and other activities 

described on all, part, or none of the 

Analysis Area given considerations of 

multiple-use goals and objectives. If the 

decision is made to authorize some level 

of harvest, the management framework 

will be described (including Standards 

and monitoring) to ensure that Desired 

Condition objectives are met or that 

movement occurs toward those 

objectives in an acceptable timeframe. 

Scoping Process 

The Rio Grande National Forest 

invited public comment and 

participation regarding this project 

through the Schedule of Proposed 

Actions (SOPA), public notice in the 

Valley Courier (October 9, 2008)—the 

newspaper of record, and a scoping 

letter sent to potentially concerned 

public, tribal governments, State and 

other Federal agencies (October 9, 

2008). Comments received in these 

previous scoping efforts will be retained 

and considered in this EIS. 

An additional comment period will be 

provided during scoping for this EIS in 

the form of this notice in the Federal 

Register, the Schedule of Proposed 

Actions (SOPA), public notice in the 

Valley Courier—the newspaper of 

record, and letters sent to potentially 

concerned public, tribal governments, 

State and other Federal agencies. 

Comment Requested 

This notice of intent initiates the 

scoping process which guides the 

development of the environmental 

impact statement. The Forest Service 

invites written comments on the 

proposed action, including any issues to 

consider, as well as any concerns 

relevant to the analysis. In order to be 

most useful, scoping comments should 

be received within 30 days of 

publication of this Notice of Intent. 

Comments received in response to this 

notice, 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. If you 

wish to withhold your name or street 

address from public review or from 

disclosure under the Freedom of 

Information Act (FOIA), you must state 

this prominently at the beginning of 

your written comment. Such requests 

will be honored to the extent allowed by 

law, but 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 within a specified 

number of days. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

available for public inspection in their 

entirety. Comments submitted 

anonymously will be accepted and 

considered; however, those who submit 

anonymous comments will not have 

standing to appeal the subsequent 

decision under 36 CFR part 215. 

Comments and FS responses will be 

addressed and contained in the Final 

EIS. 

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 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60233 

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, 36 

CFR 220.5(b) and Forest Service Handbook 

1909.15, Section 21. 

Dated: October 1, 2008. 

Roberto Martinez, 

District Ranger/Field Office Manager. 

[FR Doc. E8–24112 Filed 10–9–08; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Kaibab National Forest; AZ; Uranium 

Exploratory Drilling Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The USDA Forest Service is 

preparing an Environmental Impact 

Statement (EIS) to consider and disclose 

the effects of proposed exploratory 

drilling for uranium on National Forest 

System (NFS) land. The proposed 

exploratory drilling project would occur 

on mining claims held by VANE 

Minerals, Inc. and Uranium One (with 

all exploratory drilling to be completed 

by VANE Minerals, Inc.) in the Tusayan 

Ranger District, Kaibab National Forest 

within Townships 27, 28, 29 and 30 

North, Ranges 2, 3, 4 and 5 East, Gila 

and Salt River Meridian, Coconino 

County, Arizona. Exploration is 

proposed by VANE Minerals, Inc. to 

determine whether uranium deposits 

exist on these mining claims. A total of 

25 drill sites are planned by VANE 

Minerals, Inc. Shallow drill holes would 

be drilled to determine whether or not 

‘‘breccia pipes’’ occur at the site. Breccia 

pipes are the geologic formations found 

in the Colorado Plateau region that can 

contain uranium minerals. Deep drill 

holes would be drilled to confirm the 

presence and extent of the breccia pipes 

and to gather additional information 

regarding the uranium concentrations 

found in these pipes. This EIS will 

include analyses and will disclose the 

potential environmental effects for 

future exploratory uranium drilling and 

accompanying ground-disturbing 

activities at the seven sites that were 

part of the VANE project challenged in 

Center for Biological Diversity v. Stahn, 

Civ. No. 08–8031–PCT–MHM (D. Ariz.). 

DATES: Comments on this proposal must 

be received by the Kaibab National 

Forest (Forest) within 30 days following 

the publication of this notice in the 

Federal Register. The Draft EIS (DEIS) 

for the VANE Minerals Uranium 

Exploratory Drilling Project (Project) is 

expected to be available for public 

review in March 2009. At that time, the 

Environmental Protection Agency will 

publish a Notice of Availability (NOA) 

of the DEIS in the Federal Register. The 

NOA will begin a period of public 

review that will extend 45 days from the 

date of publication of the NOA in the 

Federal Register. The Final EIS (EElS) 

and a Record of Decision (ROD) are 

scheduled to be completed in December 

2009. 

ADDRESSES: Written comments on this 

notice may be mailed or hand-delivered 

to Kaibab National Forest, Attn: VANE 

Minerals Uranium Exploratory Drilling 

Project, 800 S. 6th St., Williams, AZ 

86046. Comments may also be 

submitted by facsimile to (928) 635– 

8208 and by electronic mail (e-mail) to 

comments-southwesternkaibab@fs.fed.us. E-mail and facsimile 

comments must include the words 

‘‘VANE Minerals Uranium Exploratory 

Drilling Project.’’ 

FOR FURTHER INFORMATION CONTACT: For 

further information on the VANE 

Minerals Uranium Exploratory Drilling 

Project (Project), please contact Tom 

Mutz, Lands and Minerals Staff Officer, 

in writing at Williams and Tusayan 

Ranger Districts, 742 S. Clover Rd., 

Williams AZ 86046 or by telephone at 

(928) 635–5600. Questions regarding the 

Forest Service NEPA process may be 

directed to Alvin Brown, Forest NEPA 

Coordinator, at 800 S. 6th St., Williams, 

AZ 86046 and telephone (928) 635– 

8200. 

SUPPLEMENTARY INFORMATION: The 

information presented in this notice is 

included to help reviewers determine if 

they are interested in or potentially 

affected by the proposed action. 

Purpose and Need for Action 

In 2006, VANE Minerals, Inc. 

submitted a Plan of Operations to the 

Forest Service to drill exploration holes 

for uranium at a total of (10) sites within 

the Tusayan Ranger District, Kaibab 

National Forest. A categorical exclusion 

from documentation under the National 

Environmental Protection Act (NEPA) 

was completed in December 2007, and 

the Forest Service approved VANE 

Minerals, Inc.’s plan to drill on seven (7) 

of the ten (10) sites, in areas accessible 

by Forest Service roads. Exploratory 

drill operations began in March 2008, 

and one site was completed. 

A lawsuit was filed against the 

agency’s use of a categorical exclusion 

and a Preliminary Injunction (PI) was 

ordered on further uranium exploratory 

drilling. The original agency decision 

has been withdrawn and an 

environmental impact statement will be 

completed on the balance of the original 

ten (10) sites (one site had exploratory 

drilling on it and was rehabilitated 

before the PI was instituted by the 

court), plus additional proposed sites 

VANE Minerals, Inc. submitted to the 

Forest Service in 2007. 

The agency’s purpose is to analyze the 

proposals from VANE Minerals, Inc. and 

any reasonable alternatives, including 

any mitigation measures to protect the 

surface resources in the areas of 

exploratory drilling in order to approve 

a plan of operations for exploration. The 

agency’s need for action is based on 

statutes and policy that govern mining 

on NFS land. 

Most NFS land is subject to the 

location of certain minerals under the 

Mining Law of 1872, as amended (30 

U.S.C. 21–54, et seq.), and the directives 

in Forest Service Manual 2800. 

Prospecting, locating and developing 

the mineral resources on NFS land are 

also subject to other rules and 

regulations. These include, but are not 

limited to, the 1897 Organic 

Administration Act, the 1960 MultipleUse Sustained-Yield Act, the 1970 

Mining and Minerals Policy Act, and 

Regulations at Title 36, Code of Federal 

Regulations, part 228A which sets forth 

rules and procedures governing the use 

of NFS lands in conjunction with 

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