Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52713 

certificate, rather than in the additional 

declaration. 

If irradiation is to be applied upon 

arrival in the United States, each 

consignment of mangoes must be 

inspected by inspectors from the NPPO 

of Pakistan prior to departure and 

accompanied by a phytosanitary 

certificate issued by the NPPO of 

Pakistan. The phytosanitary certificate 

must contain an additional declaration 

that states: ‘‘This consignment was 

inspected by the Government of 

Pakistan inspectors and found free of 

Xanthomonas campestris pv. 

mangiferaeindicae.’’ 

• The mangoes may be imported into 

the United States in commercial 

consignments only. 

These conditions will be listed in the 

Fruits and Vegetables Import 

Requirements Database (available at 

http://www.aphis.usda.gov/favir). In 

addition to those specific measures, 

mangoes from Pakistan will be subject 

to the general requirements listed in 

§ 319.56–3 that are applicable to the 

importation of all fruits and vegetables. 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

Done in Washington, DC, this 25th day of 

August 2010. 

Gregory Parham, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–21568 Filed 8–26–10; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Nationwide Aerial Application of Fire 

Retardant on National Forest System 

Lands 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Forest Service will 

prepare a programmatic environmental 

impact statement for the continued 

nationwide aerial application of fire 

retardant on National Forest System 

lands. The responsible official for this 

action is the Chief of the Forest Service. 

The Forest Service invites comments at 

this time on the proposed action. 

DATES: Comments concerning the scope 

of the analysis must be received by 

October 12, 2010. 

ADDRESSES: Send written comments to 

U.S. Forest Service, P.O. Box 26667, Salt 

Lake City, UT 84126–0667. Comments 

may also be sent via e-mail to 

FireRetardantEIS@fs.fed.us. 

FOR FURTHER INFORMATION CONTACT: Joe 

Carbone, Assistant Director for 

Ecosystem Management Coordination, 

Forest Service, 202–205–0884, or e-mail: 

jcarbone@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 Forest 

Service is working to restore fireadapted ecosystems through prescribed 

fire, other fuel treatments, and effective 

management of wildfire to achieve both 

protection and resource benefit 

objectives. However, in some 

circumstances, fire must be suppressed. 

For example, it might be necessary to 

suppress a fire to protect life or property 

or to preserve natural resources and 

critical habitat for threatened and 

endangered species. Fire retardant is 

one of the tools used to suppress fires. 

Aerially applied fire retardant reduces 

the spread and intensity of fires and 

slows larger, more damaging, and thus, 

more costly fires. In many situations, 

using retardant to fight fires is the most 

effective and efficient method of 

protecting people, resources, private 

property, and facilities; sometimes it is 

the only tool that will allow fire fighters 

to accomplish the job in a safe manner. 

In October 2007, the Forest Service 

issued an environmental assessment 

(EA) and decision notice and finding of 

no significant impact (DN/FONSI) 

entitled ‘‘Aerial Application of Fire 

Retardant’’. In February 2008, the Forest 

Service amended the DN/FONSI by 

incorporating the reasonable and 

prudent alternatives proposed by the 

United States Fish and Wildlife Service 

(USFWS) and National Oceanic and 

Atmospheric Administration (NOAA) 

Fisheries during the Section 7 

consultation process prescribed by the 

Endangered Species Act (ESA). 

On July 27, 2010, the United States 

District Court for the District of Montana 

issued a decision in Forest Service 

Employees for Environmental Ethics v. 

United States Forest Service, 08–43 (D. 

Mont.) that invalidated the Forest 

Service’s decision to adopt the 2000 

Guidelines based on violations of NEPA. 

The Court also held that the USFWS 

and NOAA Fisheries’ Section 7 

consultation with the Forest Service 

violated the ESA. The Court directed the 

Forest Service, USFWS, and NOAA 

Fisheries to cure these NEPA and ESA 

violations and for the Forest Service to 

issue a new decision no later than 

December 31, 2011. 

Estimated Dates 

The draft environmental impact 

statement is expected to be available for 

public comment early in 2011 and the 

final EIS is expected to be completed by 

the fall of 2011. 

Purpose and Need for Action 

Adopting the proposed action would 

give the Forest Service the ability to 

reduce wildfire intensities and rates of 

spread under certain circumstances 

until ground forces can safely take 

suppression action over the duration of 

an incident. High fire intensities and 

rates of spread greatly reduce the ability 

of ground-based firefighters to safely 

fight wildland fires. In addition, the 

remote locations and rugged topography 

associated with many wildland fires can 

delay the deployment of ground forces 

for suppression. In some situations, 

firefighters need the ability to quickly 

reduce rates of spread and intensities of 

wildland fires, often in remote 

locations, and to do so until ground 

forces can safely take suppression action 

or until a wildfire is contained or 

controlled. 

Proposed Action 

The Forest Service proposes to 

continue the aerial application of fire 

retardant to fight fires on National 

Forest System Lands. Aerial application 

would be conducted, as it is now, under 

‘‘Guidelines for Aerial Delivery of 

Retardant or Foam Near Waterways’’ 

(2000 Guidelines) adopted by the Forest 

Service, Bureau of Land Management, 

National Park Service, and Fish and 

Wildlife Service in April 2000. The 

2000 Guidelines are a means to 

minimize the impact of aeriallydelivered fire retardant on aquatic life 

and habitat. The 2000 Guidelines, 

available at http://www.fs.fed.us/rm/

fire/retardants/current/gen/appguide.

htm are as follows: 

Definition: WATERWAY—Any body of 

water including lakes, rivers, streams 

and ponds whether or not they contain 

aquatic life. 

Avoid aerial application of retardant or 

foam within 300 feet of waterways. 

These guidelines do not require the 

helicopter or airtanker pilot-incommand to fly in such a way as to 

endanger his or her aircraft, other 

aircraft, or structures or compromise 

ground personnel safety. 

Guidance for pilots: To meet the 300- 

foot buffer zone guideline, implement 

the following: 

Medium/Heavy Airtankers: When 

approaching a waterway visible to the 

pilot, the pilot shall terminate the 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

52714 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

application of retardant approximately 

300 feet before reaching the waterway. 

When flying over a waterway, pilots 

shall wait one second after crossing the 

far bank or shore of a waterway before 

applying retardant. Pilots shall make 

adjustments for airspeed and ambient 

conditions such as wind to avoid the 

application of retardant within the 300- 

foot buffer zone. 

Single Engine Airtankers: When 

approaching a waterway visible to the 

pilot, the pilot shall terminate 

application of retardant or foam 

approximately 300 feet before reaching 

the waterway. When flying over a 

waterway, the pilot shall not begin 

application of foam or retardant until 

300 feet after crossing the far bank or 

shore. The pilot shall make adjustments 

for airspeed and ambient conditions 

such as wind to avoid the application of 

retardant within the 300-foot buffer 

zone. 

Helicopters: When approaching a 

waterway visible to the pilot, the pilot 

shall terminate the application of 

retardant or foams 300 feet before 

reaching the waterway. When flying 

over a waterway, pilots shall wait five 

seconds after crossing the far bank or 

shore before applying the retardant or 

foam. Pilots shall make adjustments for 

airspeed and ambient conditions such 

as wind to avoid the application of 

retardant or foam within the 300-foot 

buffer zone. 

Exceptions: 

When alternative line construction 

tactics are not available due to terrain 

constraints, congested area, life and 

property concerns or lack of ground 

personnel, it is acceptable to anchor the 

foam or retardant application to the 

waterway. When anchoring a retardant 

or foam line to a waterway, use the most 

accurate method of delivery in order to 

minimize placement of retardant or 

foam in the waterway (e.g., a helicopter 

rather than a heavy airtanker). 

Deviations from these guidelines are 

acceptable when life or property is 

threatened and the use of retardant or 

foam can be reasonably expected to 

alleviate the threat. 

When potential damage to natural 

resources outweighs possible loss of 

aquatic life, the unit administrator may 

approve a deviation from these 

guidelines. 

Threatened and Endangered (T&E) 

Species: 

The following provisions are guidance 

for complying with the emergency 

section 7 consultation procedures of the 

Endangered Species Act (ESA) with 

respect to aquatic species. These 

provisions do not alter or diminish an 

action agency’s responsibilities under 

the ESA. 

Where aquatic T&E species or their 

habitats are potentially affected by aerial 

application of retardant or foam, the 

following additional procedures apply: 

1. As soon as practicable after the 

aerial application of retardant or foam 

near waterways, determine whether the 

aerial application has caused any 

adverse effects to a T&E species or their 

habitat. This can be accomplished by 

the following: 

a. Aerial application of retardant or 

foam outside 300 feet of a waterway is 

presumed to avoid adverse effects to 

aquatic species and no further 

consultation for aquatic species is 

necessary. 

b. Aerial application of retardant or 

foam within 300 feet of a waterway 

requires that the unit administrator 

determine whether there have been any 

adverse effects to T&E species within 

the waterway. 

These procedures shall be 

documented in the initial or subsequent 

fire reports. 

2. If there were no adverse effects to 

aquatic T&E species or their habitats, 

there is no additional requirement to 

consult on aquatic species with Fish 

and Wildlife Service (FWS) or National 

Marine Fisheries Service (NMFS). 

3. If the action agency determines that 

there were adverse effects on T&E 

species or their habitats then the action 

agency must consult with FWS and 

NMFS, as required by 50 CFR 402.05 

(Emergencies). Procedures for 

emergency consultation are described in 

the Interagency Consultation Handbook, 

Chapter 8 (March 1998) [U.S. Fish and 

Wildlife Service and National Marine 

Fisheries Service 1998]. In the case of a 

long duration incident, emergency 

consultation should be initiated as soon 

as practical during the event. Otherwise, 

post-event consultation is appropriate. 

The initiation of the consultation is the 

responsibility of the unit administrator. 

Each agency will be responsible for 

ensuring that the appropriate guides and 

training manuals reflect these 

guidelines. 

Additionally, the proposed action 

includes the reasonable and prudent 

alternatives for aerial application of fire 

retardant on national forest system 

lands developed by the U.S. Fish and 

Wildlife Service and National Marine 

Fisheries Service available at http://

www.fs.fed.us/fire/retardant/index.

html. Forest Service reports on applying 

the reasonable and prudent alternatives 

are also included on this Web site. 

Responsible Official and Lead Agency 

The USDA Forest Service is the lead 

agency for this proposal. The Chief of 

the Forest Service is the responsible 

official. 

Nature of Decision To Be Made 

The decision to be made is whether to 

continue aerial application of fire 

retardant and if so, under the 2000 

Guidelines or under some other 

guidance. 

Scoping Process 

The publication of this notice of 

intent starts the scoping process, which 

guides preparation of the environmental 

impact statement. There will be further 

opportunities for public involvement 

and information sharing about the 

proposed action, including a comment 

period on the draft environmental 

impact statement. Public information 

and involvement opportunities and 

documents will be posted at http://

www.fs.fed.us/fire/retardant/index.

html. The site presently contains 

information such as a 2007 

environmental assessment and 

associated comments that are also being 

used to prepare the draft environmental 

impact statement. 

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 

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. 

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. 

Dated: August 24, 2010. 

Gloria Manning, 

Associate Deputy Chief, NFS. 

[FR Doc. 2010–21482 Filed 8–26–10; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Wrangell-Petersburg Resource 

Advisory Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Wrangell-Petersburg 

Resource Advisory Committee will meet 

in Kake, Alaska. The committee is 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES