Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28007 

Producer for not less than three years 

from each payment date. 

(4) Succession and control of 

biorefineries and production. An entity 

who becomes the Eligible Advanced 

Biofuel Producer for a Biorefinery that 

is under Contract under this Notice 

must request permission from the 

Agency to succeed to the program 

Contract and the Agency may grant such 

request if it is determined that the entity 

is an eligible producer and permitting 

such succession would serve the 

purposes of the program. If appropriate, 

the Agency may require the consent of 

the previous Eligible Advanced Biofuel 

Producer to such succession. 

Payments will be made only to an 

eligible Advanced Biofuel Producer 

with a valid Contract and for 

Biorefineries owned or controlled by 

said Producer. If payments are made to 

an Advanced Biofuel Producer for 

production at a Biorefinery no longer 

owned or controlled by said Producer or 

to an otherwise ineligible Advanced 

Biofuel Producer, the Agency will 

demand full refund of all such 

payments. 

C. Environmental Review 

All recipients under this Notice are 

subject to the requirements of subpart G 

of part 1940 of title 7 of the CFR. 

However, 7 CFR 1940.310(e) excludes 

this activity. In accordance with 

§ 1940.310(e), General Exclusions, if a 

program provides assistance that is not 

related to the development of a specific 

site, it is excluded from conducting an 

environmental review. 

VII. Agency Contacts 

Assistance. For assistance on this 

payment program, please contact a 

USDA Rural Development State 

Renewable Energy Coordinator, as 

provided in the Addresses section of 

this Notice. 

VIII. Non-Discrimination Statement 

USDA prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, age, 

disability, and where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

genetic information, political beliefs, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance programs. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720– 

2600 (voice and TDD). To file a 

complaint of discrimination, write to 

USDA, Director, Office of Civil Rights, 

1400 Independence Avenue, SW., 

Washington, DC 20250–9410, or call 

(800) 795–3272 (voice) or (202) 720– 

6382 (TDD). USDA is an equal 

opportunity provider and employer. 

Dated: June 8, 2009. 

Judith A. Canales, 

Administrator, Rural Development, Business 

and Cooperative Programs. 

[FR Doc. E9–13816 Filed 6–11–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Black Hills National Forest, Mystic 

Ranger District, SD, Mystic Range 

Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Forest Service will 

prepare an environmental impact 

statement on a proposal to evaluate 

grazing on eight (8) allotments on the 

Black Hills National Forest, Mystic 

Ranger District comprising 

approximately 85,055 acres within the 

constraints of the Black Hills National 

Forest Land and Resource Management 

Plan, as amended. 

DATES: Comments concerning the scope 

of analysis must be received by July 13, 

2009. The draft environmental impact 

statement is expected September 2009 

and the final environmental impact 

statement is expected December 2009. 

ADDRESSES: Send written comments to 

Robert J. Thompson, District Ranger, 

Black Hills National Forest, Mystic 

Ranger District, Mystic Range Project, 

8221 South Highway 16, Rapid City, 

South Dakota 57702. Comments may 

also be sent via e-mail to commentsrocky-mountain-black-hillsmystic@fs.fed.us, or via facsimile to 

(605) 343–7134. Please list ‘‘Mystic 

Range’’ as the subject on comments sent 

via e-mail or facsimile. Electronic 

comments must be readable in Word, 

Rich Text, or PDF formats. 

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. The submission of timely 

and specific comments can affect a 

reviewer’s ability to participate in 

subsequent administrative review or 

judicial review. 

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; however, anonymous 

comments will not provide the 

respondent with standing to participate 

in subsequent administrative review or 

judicial review. 

FOR FURTHER INFORMATION CONTACT: If 

you have any questions or need 

additional information, please contact 

Mark Vedder, Range Specialist; Katie 

Van Alstyne, Team Leader; or Robert J. 

Thompson, District Ranger, at the 

Mystic Ranger District office in Rapid 

City at (605) 343–1567. 

Individiuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8330 

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

Time, Monday through Friday. 

Purpose and Need for Action 

The purpose of this project is to 

authorize livestock grazing on all or part 

of the project area and to ensure that 

livestock grazing occurs in an 

enviromentally acceptable manner. The 

EIS will determine current conditions, 

analyze environmental consequences of 

grazing mangement actions on those 

conditions, and assist the decisionmaker 

in selecting mangement/monitoring 

strategies consistent with meeting 

desired conditions in the Forest Plan. 

The underlying needs for this 

proposal include: 

• Improve livestock management so 

that it is consistent with the goals, 

objectives, standards, and guidelines of 

the Forest Plan, as amended. 

• Improve species composition of 

upland vegetation. 

• Improve streambank stability. 

• Improve riparian vegetation 

diversity and abundance. 

• Reduce opportunities for cattle 

conflicts with vehicle traffic. 

SUPPLEMENTARY INFORMATION: 

Proposed Action 

The Proposed Action is designed to 

maintain or improve resource 

conditions in rangeland health, 

vegetation, watershed conditions, 

designated Botanical Areas, and wildlife 

habitat relative to livestock grazing. 

Some grazing practices would be 

changed to resolve grazing related 

issues. Proposed range improvements 

include water developments, fencing 

(for highway, pasture/allotment 

boundary, and/or riparian exclosure 

purposes), cattleguards, corrals, stream 

28008 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

restoration structures, and construct, 

bury new and/or existing pipeline. It 

provides for a range of alternate actions 

that may be selected from to achieve 

desired conditions in an acceptable 

timeframe. This approach is known as 

‘‘Adaptive Management.’’ Some grazing 

practices would be changed to resolve 

grazing related resource issues. 

Successful Adaptive Management 

requires timely monitoring of resource 

conditions and trends. The Proposed 

Action also includes a monitoring plan 

for each allotment designed to focus on 

specific areas with livestock related 

resource problems. If monitoring results 

indicate that resource problems persist, 

adaptive management options are 

identified that would be implemented 

in cooperation with each permittee to 

effect improvement in resource 

conditions. 

Possible Alternatives 

The Current Management Alternative 

would not change existing permitted 

livestock grazing. The No Grazing 

Alternative would eliminate any 

livestock grazing on the project area. 

Responsible Official 

Robert J. Thompson, District Ranger, 

Mystic Ranger District, Black Hills 

National Forest, 8221 South Highway 

16, Rapid City, SD 57702. 

Nature of Decision To Be Made 

The decision to be made is whether to 

continue to permit livestock grazing on 

all, part, or none of these allotments 

and, if so, under what terms and 

conditions to ensure that desired 

condition objectives are met, or that 

movement occurs toward those 

objectives. 

Preliminary Issues 

Anticipated issues include: Support 

and opposition to livestock grazing; 

impacts of livestock grazing on wildlife 

habitat, riparian areas, and streambank 

stability. 

Scoping Process 

This notice of intent initiates the 

scoping process, which guides the 

development of the environmental 

impact statement. Comments and input 

regarding the proposal will be received 

via direct mailing from the public, other 

groups, and agencies during the initial 

public comment period in June of 2009. 

Comments submitted based on this NOI 

will be most useful if received within 30 

days from the date of this notice. 

Response to the Draft EIS will be sought 

from the interested public beginning in 

August 2009. 

It is important that reviewers provide 

their comments at such times and in 

such manner 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. The submission of timely 

and specific comments can affect a 

reviewer’s ability to participate in 

subsequent administrative appeal or 

judicial review. 

Dated: June 4, 2009. 

Craig Bobzien, 

Forest Supervisor, Black Hills National Forest. 

[FR Doc. E9–13690 Filed 6–11–09; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2008–0121] 

Notice of Availability of an Evaluation 

of the Highly Pathogenic Avian 

Influenza Subtype H5N1 Status of 

Saxony, Germany 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service has prepared an 

evaluation of the animal health status of 

Saxony, Germany, relative to the H5N1 

subtype of highly pathogenic avian 

influenza (HPAI). The evaluation 

presents our assessment of the HPAI 

H5N1 detection, control, and 

eradication measures in place in 

Saxony, Germany, during an outbreak of 

HPAI in 2008, as well as our assessment 

of the present status of Saxony, 

Germany, with respect to HPAI subtype 

H5N1. We are making this evaluation 

available to the public for review and 

comment. If, after the close of the 

comment period, APHIS can identify no 

additional risk factors that would 

indicate that domestic poultry in 

Saxony, Germany, continue to be 

affected with HPAI H5N1, we would 

conclude that the importation of live 

birds, poultry carcasses, parts of 

carcasses, and eggs (other than hatching 

eggs) of poultry, game birds, or other 

birds from the affected region of Saxony, 

Germany, presents a low risk of 

introducing HPAI H5N1 into the United 

States. 

DATES: We will consider all comments 

that we receive on or before July 13, 

2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

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

component/ 

main?main=DocketDetail&d=APHIS2008-0121 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2008–0121, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road, Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2008–0121. 

Reading Room: You may read any 

comments that we receive on the 

evaluation in our reading room. The 

reading room is located in room 1141 of 

the USDA South Building, 14th Street 

and Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Julia Punderson, Regionalization 

Evaluation Services Staff, National 

Center for Import and Export, VS, 

APHIS, 4700 River Road, Unit 38, 

Riverdale, MD 20737–1231; (301) 734– 

4356. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the Animal Health Protection 

Act (7 U.S.C. 8301 et seq.), the Animal 

and Plant Health Inspection Service 

(APHIS) has the authority to prohibit or 

restrict the importation into the United 

States of animals, animal products, and 

other articles in order to prevent the 

introduction of diseases and pests into 

the U.S. livestock and poultry 

populations. 

Highly pathogenic avian influenza 

(HPAI) is a zoonotic disease of poultry. 

The H5N1 subtype of HPAI is an 

extremely infectious and fatal form of 

the disease. HPAI can strike poultry 

quickly without any warning signs of 

infection and, once established, can 

spread rapidly from flock to flock. HPAI 

viruses can also be spread by manure, 

equipment, vehicles, egg flats, crates, 

and people whose clothing or shoes