83_FR_44421 83 FR 44252 - Roadless Area Conservation; National Forest System Lands in Alaska

83 FR 44252 - Roadless Area Conservation; National Forest System Lands in Alaska

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range44252-44253
FR Document2018-18937

The U.S. Department of Agriculture (USDA) is initiating an environmental impact statement (EIS) and public rulemaking process to address the management of inventoried roadless areas on the Tongass National Forest within the State of Alaska. This rulemaking is the result of a petition submitted by Governor Bill Walker's administration in January 2018 on behalf of the State of Alaska, pursuant to the Administrative Procedures Act. The petition was accepted by the Secretary of Agriculture in April 2018. The intent is to evaluate the regulatory exemption set forth in the petition, as well as to evaluate other management solutions that address infrastructure, timber, energy, mining, access, and transportation needs to further Alaska's economic development, while still conserving roadless areas for future generations.

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018) 
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Proposed Rules]
[Pages 44252-44253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18937]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 294


Roadless Area Conservation; National Forest System Lands in 
Alaska

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The U.S. Department of Agriculture (USDA) is initiating an 
environmental impact statement (EIS) and public rulemaking process to 
address the management of inventoried roadless areas on the Tongass 
National Forest within the State of Alaska. This rulemaking is the 
result of a petition submitted by Governor Bill Walker's administration 
in January 2018 on behalf of the State of Alaska, pursuant to the 
Administrative Procedures Act. The petition was accepted by the 
Secretary of Agriculture in April 2018. The intent is to evaluate the 
regulatory exemption set forth in the petition, as well as to evaluate 
other management solutions that address infrastructure, timber, energy, 
mining, access, and transportation needs to further Alaska's economic 
development, while still conserving roadless areas for future 
generations.

DATES: Comments must be received in writing by October 15, 2018.

ADDRESSES: Comments may be submitted electronically at https://www.fs.usda.gov/project/?project=54511. In addition, written comments 
can be submitted via hard-copy mail to: Alaska Roadless Rule, USDA 
Forest Service, Alaska Region, Ecosystem Planning and Budget Staff, 
P.O. Box 21628, Juneau, Alaska 99802-1628.
    All comments, including names and addresses, are placed in the 
record and are available for public inspection and copying.

FOR FURTHER INFORMATION CONTACT: Ken Tu, Interdisciplinary Team Leader, 
at 303-275-5156 or [email protected]. Individuals using 
telecommunication devices for the deaf (TDD) may call the Federal 
Information Relay Services at 1-800-877-8339 between 8 a.m. and 8 p.m. 
Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: On January 12, 2001, the Department 
promulgated the Roadless Area Conservation Rule (2001 Roadless Rule) 
(66 FR 3244) establishing nationwide prohibitions on timber harvest, 
road construction and road reconstruction within inventoried roadless 
areas, with certain limited exceptions.
    In 2001, the State of Alaska filed a complaint, challenging the 
Department's promulgation of the 2001 Roadless Rule and its application 
in Alaska. The Department and the State of Alaska reached a settlement 
in 2003, and the Department subsequently issued a rule temporarily 
exempting the Tongass National Forest from the Roadless Rule. In 2011, 
a federal court set aside the Tongass Exemption and reinstated the 
Roadless Rule on the Tongass National Forest. The district court's 
ruling was initially reversed by a three-judge panel of the Ninth 
Circuit, but the district court's ruling was ultimately upheld in a 6-5 
en banc ruling in 2015. Consequently, the 2001 Roadless Rule remains in 
effect in Alaska and the Forest Service continues to apply the Rule to 
the Tongass and Chugach National Forests.

Purpose and Need

    In response to the State of Alaska's petition for rulemaking, the 
Department, Forest Service, and State of Alaska agree that the 
controversy surrounding the management of roadless areas on the Tongass 
National Forest may be resolved through state-specific rulemaking. A 
long-term, durable approach to roadless area management is needed that 
accommodates the unique biological, social and economic situation in 
and around the Tongass National Forest. The Tongass National Forest is 
unique from other National Forests in respect to the size of the 
Tongass National Forest; the large percentage of roadless areas that 
comprise the Tongass National Forest; the degree of dependency of local

[[Page 44253]]

communities on federal lands (the Tongass National Forest comprises 
almost 80% of southeast Alaska); as well as Alaska and Tongass National 
Forest-specific statutory considerations (e.g., Alaska National 
Interest Lands Conservation Act (ANILCA), Tongass Timber Reform Act 
(TTRA)).
    The Department and Forest Service believe that current timber 
harvest and road construction/reconstruction restrictions can be 
adjusted for the Tongass National Forest in a manner that meaningfully 
addresses local economic and development concerns while balancing 
roadless area conservation needs.
    The State of Alaska believes that roadless conservation interests 
for the Tongass National Forest can be adequately protected under the 
Tongass Land Management Plan and that the 2001 Roadless Rule 
prohibitions are unnecessary. In addition, the State believes 
application of the 2001 Roadless Rule substantially impacts the social 
and economic fabric of southeast Alaska and violates ANILCA and TTRA.
    In response to the State's petition, commercial and non-profit 
organizations have expressed strong opinions, for and against, the idea 
of a regulatory review.

Proposed Action

    The Department proposes to develop a durable and long-lasting 
regulation for the conservation and management of roadless areas on the 
Tongass National Forest. The state-specific roadless rule would 
establish a land classification system designed to conserve roadless 
area characteristics on the Tongass National Forest while accommodating 
timber harvesting and road construction/reconstruction activities that 
are determined to be needed for forest management, economic development 
opportunities, and the exercise of valid existing rights or other non-
discretionary legal authorities.

Alternatives to the Proposed Action

    The other alternatives being considered at this time are the no-
action alternative, which is the continuation of current management of 
the Tongass National Forest in Alaska in accordance with the 2001 
Roadless Rule, and an alternative that would exempt the Tongass 
National Forest from the provisions of that 2001 Roadless Rule, but 
leave current management under the 2001 Roadless Rule in place on the 
Chugach National Forest.

Cooperating Agencies

    The State of Alaska will participate as a cooperating agency in the 
preparation of the EIS. Federally recognized Tribes within the Tongass 
National Forest have been invited to participate as a cooperating 
agency.

Responsible Official

    The Responsible Official for the rulemaking and EIS is the 
Secretary of Agriculture or his designee.

Decision To Be Made

    The Responsible Official will determine appropriate management 
direction for roadless areas within the State of Alaska, including 
appropriate exceptions to address essential infrastructure, timber, 
energy, mining, access, and transportation systems necessary to further 
Alaska's economic development interests, while at the same time 
conserving roadless areas in Alaska for generations to come.

Scoping Process

    This Notice of Intent initiates the scoping process in compliance 
with the National Environmental Policy Act and its implementing 
regulations (40 CFR part 1500-1508). As part of the scoping period, the 
Forest Service, on behalf of the Department, solicits public comment on 
the nature and scope of the environmental, social, and economic issues 
related to Alaska-specific rulemaking that should be analyzed in depth 
in the Draft EIS.
    Comments collected during scoping of the Alaska-specific rulemaking 
will be used to refine the proposed action, define the scope of the 
analysis, and develop alternatives to the proposed action if needed. 
Public meetings are planned to be held in Juneau (September 13, 2018), 
Ketchikan (September 17, 2018), Hoonah (September 17, 2018), Craig 
(September 18, 2018), Angoon (September 18, 2018), Point Baker/Port 
Protection (September 19, 2018), Wrangell (September 24, 2018), Sitka 
(September 24, 2018), Petersburg (September 25, 2018), Yakutat 
(September 25, 2018), Kake (September 26, 2018), and Anchorage 
(September 26, 2018), and Washington DC (date to be determined). 
Additional information on meeting times and locations will be provided 
through the project website and local media.

Estimated Timeline

    The Draft EIS and proposed rule are estimated to be released in 
early summer 2019. The Final EIS is estimated to be released in spring 
2020, with a final rule expected in June 2020.

    Dated: August 24, 2018.
Christopher B. French,
Acting Deputy Chief.
[FR Doc. 2018-18937 Filed 8-29-18; 8:45 am]
 BILLING CODE 3411-15-P

44252 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Proposed Rules procedures at this airport, as part of the Points, dated August 3, 2017, and Ecosystem Planning and Budget Staff, VOR MON Program. effective September 15, 2017, is P.O. Box 21628, Juneau, Alaska 99802– Class E airspace designations are amended as follows: 1628. published in paragraph 6005 of FAA All comments, including names and Paragraph 6005 Class E Airspace Areas Order 7400.11B, dated August 3, 2017, Extending Upward From 700 Feet or More addresses, are placed in the record and and effective September 15, 2017, which Above the Surface of the Earth. are available for public inspection and is incorporated by reference in 14 CFR copying. * * * * * 71.1. The Class E airspace designation FOR FURTHER INFORMATION CONTACT: Ken listed in this document will be AGL IL E5 Jacksonville, IL [Amended] Tu, Interdisciplinary Team Leader, at published subsequently in the Order. Jacksonville Municipal Airport, IL 303–275–5156 or akroadlessrule@ (Lat. 39°46′29″ N, long. 90°14′18″ W) fs.fed.us. Individuals using Regulatory Notices and Analyses That airspace extending upward from 700 telecommunication devices for the deaf The FAA has determined that this feet above the surface within a 6.5-mile (TDD) may call the Federal Information regulation only involves an established radius of Jacksonville Municipal Airport. Relay Services at 1–800–877–8339 body of technical regulations for which Issued in Fort Worth, Texas, on August 23, between 8 a.m. and 8 p.m. Eastern Time, frequent and routine amendments are 2018. necessary to keep them operationally Monday through Friday. Walter Tweedy, SUPPLEMENTARY INFORMATION: On current, is non-controversial and unlikely to result in adverse or negative Acting Manager, Operations Support Group, January 12, 2001, the Department ATO Central Service Center. promulgated the Roadless Area comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under [FR Doc. 2018–18767 Filed 8–29–18; 8:45 am] Conservation Rule (2001 Roadless Rule) Executive Order 12866; (2) is not a BILLING CODE 4910–13–P (66 FR 3244) establishing nationwide ‘‘significant rule’’ under DOT prohibitions on timber harvest, road Regulatory Policies and Procedures (44 construction and road reconstruction FR 11034; February 26, 1979); and (3) DEPARTMENT OF AGRICULTURE within inventoried roadless areas, with does not warrant preparation of a certain limited exceptions. regulatory evaluation as the anticipated Forest Service In 2001, the State of Alaska filed a impact is so minimal. Since this is a complaint, challenging the Department’s routine matter that will only affect air 36 CFR Part 294 promulgation of the 2001 Roadless Rule traffic procedures and air navigation, it and its application in Alaska. The Roadless Area Conservation; National Department and the State of Alaska is certified that this rule, when Forest System Lands in Alaska reached a settlement in 2003, and the promulgated, would not have a significant economic impact on a AGENCY: Forest Service, USDA. Department subsequently issued a rule substantial number of small entities temporarily exempting the Tongass ACTION:Notice of intent to prepare an National Forest from the Roadless Rule. under the criteria of the Regulatory environmental impact statement. Flexibility Act. In 2011, a federal court set aside the SUMMARY: The U.S. Department of Tongass Exemption and reinstated the Environmental Review Roadless Rule on the Tongass National Agriculture (USDA) is initiating an This proposal will be subject to an environmental impact statement (EIS) Forest. The district court’s ruling was environmental analysis in accordance and public rulemaking process to initially reversed by a three-judge panel with FAA Order 1050.1F, address the management of inventoried of the Ninth Circuit, but the district ‘‘Environmental Impacts: Policies and roadless areas on the Tongass National court’s ruling was ultimately upheld in Procedures’’ prior to any FAA final Forest within the State of Alaska. This a 6–5 en banc ruling in 2015. regulatory action. rulemaking is the result of a petition Consequently, the 2001 Roadless Rule submitted by Governor Bill Walker’s remains in effect in Alaska and the List of Subjects in 14 CFR Part 71 administration in January 2018 on Forest Service continues to apply the Airspace, Incorporation by reference, behalf of the State of Alaska, pursuant Rule to the Tongass and Chugach Navigation (air). to the Administrative Procedures Act. National Forests. The Proposed Amendment The petition was accepted by the Purpose and Need Accordingly, pursuant to the Secretary of Agriculture in April 2018. The intent is to evaluate the regulatory In response to the State of Alaska’s authority delegated to me, the Federal petition for rulemaking, the Department, Aviation Administration proposes to exemption set forth in the petition, as well as to evaluate other management Forest Service, and State of Alaska agree amend 14 CFR part 71 as follows: that the controversy surrounding the solutions that address infrastructure, timber, energy, mining, access, and management of roadless areas on the PART 71—DESIGNATION OF CLASS A, transportation needs to further Alaska’s Tongass National Forest may be B, C, D, AND E AIRSPACE AREAS; AIR economic development, while still resolved through state-specific TRAFFIC SERVICE ROUTES; AND conserving roadless areas for future rulemaking. A long-term, durable REPORTING POINTS generations. approach to roadless area management ■ 1. The authority citation for 14 CFR is needed that accommodates the DATES: Comments must be received in unique biological, social and economic part 71 continues to read as follows: amozie on DSK3GDR082PROD with PROPOSALS1 writing by October 15, 2018. situation in and around the Tongass Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ADDRESSES: Comments may be National Forest. The Tongass National 1959–1963 Comp., p. 389. submitted electronically at https:// Forest is unique from other National www.fs.usda.gov/project/ Forests in respect to the size of the § 71.1 [Amended] ?project=54511. In addition, written Tongass National Forest; the large ■ 2. The incorporation by reference in comments can be submitted via hard- percentage of roadless areas that 14 CFR 71.1 of FAA Order 7400.11B, copy mail to: Alaska Roadless Rule, comprise the Tongass National Forest; Airspace Designations and Reporting USDA Forest Service, Alaska Region, the degree of dependency of local VerDate Sep<11>2014 16:53 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\30AUP1.SGM 30AUP1

Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Proposed Rules 44253 communities on federal lands (the of the EIS. Federally recognized Tribes Dated: August 24, 2018. Tongass National Forest comprises within the Tongass National Forest have Christopher B. French, almost 80% of southeast Alaska); as been invited to participate as a Acting Deputy Chief. well as Alaska and Tongass National cooperating agency. [FR Doc. 2018–18937 Filed 8–29–18; 8:45 am] Forest-specific statutory considerations BILLING CODE 3411–15–P (e.g., Alaska National Interest Lands Responsible Official Conservation Act (ANILCA), Tongass The Responsible Official for the Timber Reform Act (TTRA)). DEPARTMENT OF HEALTH AND rulemaking and EIS is the Secretary of The Department and Forest Service Agriculture or his designee. HUMAN SERVICES believe that current timber harvest and road construction/reconstruction Decision To Be Made 42 CFR Part 100 restrictions can be adjusted for the Tongass National Forest in a manner The Responsible Official will RIN 0906–AB14 that meaningfully addresses local determine appropriate management economic and development concerns direction for roadless areas within the National Vaccine Injury Compensation while balancing roadless area State of Alaska, including appropriate Program: Adding the Category of conservation needs. Vaccines Recommended for Pregnant exceptions to address essential The State of Alaska believes that Women to the Vaccine Injury Table infrastructure, timber, energy, mining, roadless conservation interests for the access, and transportation systems AGENCY: Office of the Secretary, HHS. Tongass National Forest can be necessary to further Alaska’s economic ACTION: Notice of public hearing. adequately protected under the Tongass development interests, while at the Land Management Plan and that the same time conserving roadless areas in SUMMARY: This document announces a 2001 Roadless Rule prohibitions are Alaska for generations to come. public hearing to receive information unnecessary. In addition, the State and comments regarding the notice of believes application of the 2001 Scoping Process proposed rulemaking (NPRM) titled Roadless Rule substantially impacts the ‘‘National Vaccine Injury Compensation social and economic fabric of southeast This Notice of Intent initiates the Program: Adding the Category of Alaska and violates ANILCA and TTRA. scoping process in compliance with the Vaccines Recommended for Pregnant In response to the State’s petition, National Environmental Policy Act and Women to the Vaccine Injury Table.’’ commercial and non-profit its implementing regulations (40 CFR DATE AND TIME: September 17, 2018, organizations have expressed strong part 1500–1508). As part of the scoping from 10:00 a.m. to 11:30 a.m. ET. opinions, for and against, the idea of a period, the Forest Service, on behalf of Location: 5600 Fishers Lane, regulatory review. the Department, solicits public Conference Room 08SWH01, Rockville, comment on the nature and scope of the Proposed Action MD 20857 (and via audio conference environmental, social, and economic The Department proposes to develop call and Adobe Connect). issues related to Alaska-specific The public can join the hearing by: a durable and long-lasting regulation for rulemaking that should be analyzed in the conservation and management of 1. (In Person) The hearing will take depth in the Draft EIS. place at 5600 Fishers Lane, Rockville, roadless areas on the Tongass National Forest. The state-specific roadless rule Comments collected during scoping of MD 20857. Persons interested in would establish a land classification the Alaska-specific rulemaking will be attending the hearing in person are system designed to conserve roadless used to refine the proposed action, encouraged to submit a written area characteristics on the Tongass define the scope of the analysis, and notification to: Ana Marie Balingit- National Forest while accommodating develop alternatives to the proposed Wines, Division of Injury Compensation timber harvesting and road action if needed. Public meetings are Programs (DICP), Healthcare Systems construction/reconstruction activities planned to be held in Juneau Bureau (HSB), Health Resources and that are determined to be needed for (September 13, 2018), Ketchikan Services Administration (HRSA), Room forest management, economic (September 17, 2018), Hoonah 08N146B, 5600 Fishers Lane, Rockville, development opportunities, and the (September 17, 2018), Craig (September Maryland 20857 or email: abalingit- exercise of valid existing rights or other 18, 2018), Angoon (September 18, 2018), wines@hrsa.gov. Since this hearing is non-discretionary legal authorities. Point Baker/Port Protection (September held in a Federal government building, 19, 2018), Wrangell (September 24, attendees must go through a security Alternatives to the Proposed Action check to enter the building and 2018), Sitka (September 24, 2018), The other alternatives being Petersburg (September 25, 2018), participate in the meeting. A written considered at this time are the no-action Yakutat (September 25, 2018), Kake notification is encouraged to make entry alternative, which is the continuation of (September 26, 2018), and Anchorage through security quicker. To request an current management of the Tongass escort during the hearing, call Ana (September 26, 2018), and Washington National Forest in Alaska in accordance Marie Balingit-Wines at 301–443–2030. DC (date to be determined). Additional with the 2001 Roadless Rule, and an 2. (Audio Portion) Call the conference information on meeting times and alternative that would exempt the phone number 855–303–0062 and locations will be provided through the Tongass National Forest from the provide the following information: amozie on DSK3GDR082PROD with PROPOSALS1 project website and local media. Leader’s Name: Dr. Narayan Nair, provisions of that 2001 Roadless Rule, but leave current management under the Estimated Timeline Password: 622245. 2001 Roadless Rule in place on the 3. (Visual Portion) Connect to the Chugach National Forest. The Draft EIS and proposed rule are NPRM-Public Hearing Adobe Connect estimated to be released in early Pro Meeting using the following URL: Cooperating Agencies summer 2019. The Final EIS is https://hrsa.connectsolutions.com/ The State of Alaska will participate as estimated to be released in spring 2020, nprm_public_hearing/ (copy and paste a cooperating agency in the preparation with a final rule expected in June 2020. the link into your browser if it does not VerDate Sep<11>2014 16:53 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\30AUP1.SGM 30AUP1


Document Created: 2018-08-30 01:20:46
Document Modified: 2018-08-30 01:20:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of intent to prepare an environmental impact statement.
DatesComments must be received in writing by October 15, 2018.
ContactKen Tu, Interdisciplinary Team Leader, at 303-275-5156 or [email protected] Individuals using telecommunication devices for the deaf (TDD) may call the Federal Information Relay Services at 1-800-877-8339 between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday.
FR Citation83 FR 44252 
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