[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52713-52714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21482]


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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.

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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 <a href="/cdn-cgi/l/email-protection#03456a7166516677627167626d77464a504365702d6566672d7670"><span class="__cf_email__" data-cfemail="fdbb948f98af98899c8f999c9389b8b4aebd9b8ed39b9899d3888e">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Joe Carbone, Assistant Director for 
Ecosystem Management Coordination, Forest Service, 202-205-0884, or e-
mail: <a href="/cdn-cgi/l/email-protection#b7ddd4d6c5d5d8d9d2f7d1c499d1d2d399c2c4"><span class="__cf_email__" data-cfemail="79131a180b1b16171c391f0a571f1c1d570c0a">[email protected]</span></a>.
    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 
fire-adapted 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 aerially-delivered 
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-
in-command 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

[[Page 52714]]

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


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