83 FR 49060 - Chugach National Forest; Alaska; Notice of a Proposed Amendment to the Chugach National Forest Land and Resource Management Plan, Applying Only to the Sterling Highway Milepost 45-60 Project
DEPARTMENT OF AGRICULTURE
Forest Service Federal Register Volume 83, Issue 189 (September 28, 2018)
Forest Service
Federal Register Volume 83, Issue 189 (September 28, 2018)
| Page Range | 49060-49062 | |
| FR Document | 2018-21153 |
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)] [Notices] [Pages 49060-49062] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21153] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service Chugach National Forest; Alaska; Notice of a Proposed Amendment to the Chugach National Forest Land and Resource Management Plan, Applying Only to the Sterling Highway Milepost 45-60 Project AGENCY: Forest Service, USDA. ACTION: Notice; project-specific amendment to the Chugach National Forest 2002 Land and Resource Management Plan. ----------------------------------------------------------------------- SUMMARY: On May 31, 2018, the U.S. Department of Transportation, Federal Highway Administration (FHWA) signed a Record of Decision for the Sterling Highway MP 45-60 Project, which involves highway construction and reconstruction near Cooper Landing, Kenai Peninsula Borough, Alaska. The U.S. Department of Agriculture, Forest Service participated as a cooperating agency with FHWA and Alaska Department of Transportation and Public Facilities in the preparation of the draft and final Environmental Impact Statements (EIS). To support the FHWA decision, the Forest Service proposes a project-specific Land and Resource Management Plan (Forest Plan) amendment to make the selected route consistent with the Chugach Forest Plan. DATES: Publication of this notice marks the initiation of a public comment period for the proposed action. Comments concerning the scope of the analysis must be received by November 13, 2018. The agency expects to release a draft Record of Decision for the proposed amendment in late 2018. ADDRESSES: Send written comments to Chugach National Forest Supervisor's Office, Attn: Sterling Highway Plan Amendment, 161 East 1st Avenue, Door 8, Anchorage, AK 99501. Comments may also be sent via email to [email protected], or via facsimile to 907- 743-9476. FOR FURTHER INFORMATION CONTACT: Detailed information about the Sterling Highway Project, including the FHWA's Record of Decision, FEIS, and related reports, is available at http://sterlinghighway.net/. For information related specifically to the Forest Plan amendment, please contact David Fitz-Enz, Forest Planner, Chugach National Forest at 907-743-9595 or [email protected]. 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 Time, Monday through Friday. SUPPLEMENTARY INFORMATION: Background This notice is specific to the Forest Service. The FHWA was the lead Federal agency for the Sterling Highway Mile 45-60 Project EIS and Record of Decision, which was signed on May 31, 2018. The decision, implementing the ``Juneau Creek Alternative,'' requires 3.3 miles of new road construction across lands managed by the Chugach National Forest in the Kenai Peninsula Borough, Alaska. The Forest Service must determine whether to consent to the transfer of a highway easement for these lands under 23 U.S.C. 317. This consent is conditioned on the Forest Service completing a project-specific plan amendment because the new route is inconsistent with a Forest Plan standard prohibiting new road construction within a certain type of brown bear habitat. This notice pertains only to this project-specific plan amendment. The policy for project consistency with prior plans amended using the 2012 Planning Rule is set out at FSH 1909.12, Chapter 20, Section 21.33. For a plan developed or revised under a prior planning regulation (1982 Planning Rule) that is amended pursuant to the 2012 Planning Rule, the consistency requirement is that the 2012 Planning Rule consistency provisions at 36 CFR 219.15(d) apply only to plan component(s) added or modified in conformance with, and as defined by, the 2012 Planning Rule. With respect to other plan provisions, the Forest Service's prior interpretation of consistency applies, that projects need only be consistent with plan standards and guidelines. (See 2012 Final Rule 77 FR 21162, 21241 (April 9, 2012); 1991 Advanced Notice of Proposed Rulemaking 56 FR 6508, 6519-6520 (Feb 15, 1991) and the 1995 Proposed Rule, at 60 FR 18886, 18902, 18909 (April 13, 1995).) As analyzed and disclosed in the Sterling final EIS, this project is also inconsistent with one guideline related to brown bear habitat. This inconsistency does not require a plan amendment (Forest Plan, p. 3-22), but is [[Page 49061]] briefly mentioned here because it will be documented in the Forest Service's Record of Decision. Purpose and Need for Action The FHWA decision for the Sterling Highway MP 45-60 Project approves construction of new highway that crosses 3.3 miles of National Forest System land. The Forest Service must determine whether to consent to the transfer of a highway easement for construction and maintenance of the highway on these lands under 23 U.S.C. 317. This consent is conditioned on the Forest Service completing a project- specific Forest Plan amendment because the new route is inconsistent with a Forest Plan standard prohibiting new road construction within important brown bear feeding areas. These feeding areas were mapped for this project in collaboration with Alaska Department of Fish and Game, and the new highway employs many design features to minimize effects to brown bear habitat. The purpose of this plan amendment is to provide a project-specific variance exempting the requirement for full consistency with this one forestwide standard related to brown bear habitat. The variance would apply only to this project. Completion of this amendment is required for the Forest Service to consent to the appropriation of lands for highway construction. Proposed Action The proposed action is to exempt the Sterling Highway MP 45-60 Project from the following standard in the 2002 Chugach Forest Plan (Forest Plan, p. 3-29): ``Standard 1, Brown Bear Habitat Management. On the Kenai Peninsula geographic area, manage areas of forest cover approximately 750-feet from both sides of important bear feeding areas in specific areas of a stream where salmon are concentrated in pools, below falls, or where broad spawning flats result in localized feeding concentrations of bears to provide cover for brown bears while feeding, or between brown bears and humans. Important brown bear feeding areas will be located with the advice of the Alaska Department of Fish and Game. Within the 750-foot brown bear management zone the following activities will not be allowed: a. new road construction; b. any vegetation management not intended to maintain or improve ecological conditions for brown bear. This standard does not prohibit relocation, reconstruction, or maintenance of existing roads and trails in these areas. During the process of reconstruction or relocation, emphasize opportunities to locate roads or trails outside of these brown bear zones.'' The amendment would exempt this standard only for the Sterling Highway MP 45-60 Project. It is considered a project-specific amendment because it would not change the applicability of Forest Plan requirements for other projects. The Forest Service's decision will be supported by the environmental analysis contained within the FHWA final EIS. The FHWA has selected the ``Juneau Creek Alternative'' in their Record of Decision. The draft and final EIS issued by FHWA include a discussion of Forest Plan consistency, including the need for this project- specific amendment. They also disclose the environmental effects of this project on brown bear habitat. The draft and final EIS is available at http://sterlinghighway.net/SHWPI_New.html. The following are selected sections of the final EIS describing the effects of the selected alternative related to the need for the plan amendment and to effects on brown bear habitat: the Executive Summary, Section 3.2--Land Use Plans and Policies (pp. 3-50--52; 3-56), Section 3.7--Cumulative Effects (pp. 3-589--390), Section 3.22--Wildlife (pp. 3-456--457; 3- 472--477; 3-478-482; 3-488--3-491). Responsible Official The Forest Supervisor for the Chugach National Forest is the Responsible Official for amending the 2002 Revised Land and Resource Management Plan. Nature and Scope of Decision To Be Made The Responsible Official will decide whether the project warrants a project-specific plan amendment and if so, the content of the amendment. The scope of this amendment is a one-time exemption from Standard 1, Brown Bear Habitat Management, for the Sterling Highway MP 45-60 Project. The scale of this amendment is limited to the important brown bear feeding areas where the Juneau Creek Alternative route impacts land mapped as Areas 8, 9, and 11 on Map 3.22-1 of the EIS (Chapter 3.22 Wildlife, p. 3-513). The highway easement would encompass less than 100 acres within the mapped feeding area of approximately 1,000 acres. The decision includes extensive mitigation, including a wildlife overpass and several underpasses, to mitigate the effects to wildlife. The Responsible Official must ensure that the amendment is consistent with 36 CFR 219 regulations, as described below. Planning Rule Requirements for Forest Plan Amendments On December 15, 2016, the Department of Agriculture Under Secretary for Natural Resources and Environment issued a final rule that amended the 36 CFR 219 regulations pertaining to National Forest System Land Management Planning (Planning Rule) (81 FR 90723, 90737). The amendment to 36 CFR 219 clarified the Department's direction for amending Forest Plans. The Department also added a requirement for the responsible official amending a plan to provide notice ``about which substantive requirements of Sec. 219.8 through 219.11 are likely to be directly relate to the amendment'' (36 CFR 219.13(b)(2), 81 FR 90738). Whether a rule provision is directly related to an amendment is determined by any one of the following: The purpose for the amendment, a beneficial effect of the amendment, a substantial adverse effect of the amendment, or a lessening of plan protections by the amendment. The substantive requirements of Sec. 219.8 through 219.11 that are likely to be directly related to amending the above standard are: Sec. 219.9(a): (a) Ecosystem plan components. (1) Ecosystem integrity. As required by Sec. 219.8(a), the plan must include plan components, including standards or guidelines, to maintain or restore the ecological integrity of terrestrial and aquatic ecosystems and watersheds in the plan area, including plan components to maintain or restore their structure, function, composition, and connectivity. Sec. 219.10(a)(3): Appropriate placement and sustainable management of infrastructure, such as recreational facilities and transportation and utility corridors Sec. 219.10(a)(5): Habitat conditions, subject to the requirements of 219.9, for wildlife, fish, and plants commonly enjoyed and used by the public; for hunting, fishing, trapping, gathering, observing, subsistence and other activities If the proposed amendment is determined to be ``directly related'' to a substantive rule requirement, the Responsible Official must apply that requirement within the scope and scale of the proposed amendment and, if necessary, make adjustments to the proposed amendment to meet the rule requirement (36 CFR 219.13(b)(5) and (6)). [[Page 49062]] Opportunities for Public Participation The FHWA provided opportunities for public comment throughout the development of this project, including public comment periods and public meetings following issuance of the draft EIS and Final EIS. A history of public participation, including all public comments, is available at: http://sterlinghighway.net/SHWPI_New.html. Both the draft and final EIS disclosed the need for a Forest Plan amendment, depending on the alternative selected. This notice initiates a 45-day comment period on the proposed amendment. This will be the final comment period for this proposed amendment prior to issuing the record of decision for administrative review. Instructions on how to provide comment, and where to find additional information, are described in the beginning of this notice. 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. Administrative Review of Forest Plan Amendment Decisions The decision for a plan amendment will be documented in a record of decision issued by the Forest Service. The decision will be subject to the predecisional administrative review process per 36 CFR 219 subpart B. Objections will be accepted only from those who have previously submitted substantive formal comments specific to the proposed plan amendment. The Reviewing Official for any objection is the Regional Forester for the Alaska Region. Dated: September 7, 2018. Gregory C. Smith, Acting Associate Deputy Chief, National Forest System. [FR Doc. 2018-21153 Filed 9-27-18; 8:45 am] BILLING CODE 3411-15-P
![49060 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
establishments that process poultry for and notices. Customers can add or reports, is available at http://
export comply with maximum line delete subscriptions themselves, and sterlinghighway.net/. For information
speeds regulations similar to those in have the option to password protect related specifically to the Forest Plan
the United States. their accounts. amendment, please contact David Fitz-
Enz, Forest Planner, Chugach National
USDA Non-Discrimination Statement Paul Kiecker,
Forest at 907–743–9595 or dfitzenz@
No agency, officer, or employee of the Acting Administrator. fs.fed.us.
USDA shall, on the grounds of race, [FR Doc. 2018–21143 Filed 9–27–18; 8:45 am] Individuals who use
color, national origin, religion, sex, BILLING CODE 3410–DM–P telecommunication devices for the deaf
gender identity, sexual orientation, (TDD) may call the Federal Information
disability, age, marital status, family/ Relay Service (FIRS) at 1–800–877–8339
parental status, income derived from a DEPARTMENT OF AGRICULTURE between 8 a.m. and 8 p.m., Eastern
public assistance program, or political Time, Monday through Friday.
beliefs, exclude from participation in, Forest Service
SUPPLEMENTARY INFORMATION:
deny the benefits of, or subject to Chugach National Forest; Alaska;
discrimination any person in the United Background
Notice of a Proposed Amendment to
States under any program or activity This notice is specific to the Forest
the Chugach National Forest Land and
conducted by the USDA. Service. The FHWA was the lead
Resource Management Plan, Applying
To file a complaint of discrimination, Federal agency for the Sterling Highway
Only to the Sterling Highway Milepost
complete the USDA Program Mile 45–60 Project EIS and Record of
45–60 Project
Discrimination Complaint Form, which Decision, which was signed on May 31,
may be accessed online at http:// AGENCY: Forest Service, USDA. 2018. The decision, implementing the
www.ocio.usda.gov/sites/default/files/ ACTION: Notice; project-specific ‘‘Juneau Creek Alternative,’’ requires 3.3
docs/2012/Complain_combined_6_8_ amendment to the Chugach National miles of new road construction across
12.pdf, or write a letter signed by you Forest 2002 Land and Resource lands managed by the Chugach National
or your authorized representative. Management Plan. Forest in the Kenai Peninsula Borough,
Send your completed complaint form Alaska. The Forest Service must
or letter to USDA by mail, fax, or email: SUMMARY: On May 31, 2018, the U.S. determine whether to consent to the
Mail: U.S. Department of Agriculture, Department of Transportation, Federal transfer of a highway easement for these
Director, Office of Adjudication, 1400 Highway Administration (FHWA) lands under 23 U.S.C. 317. This consent
Independence Avenue SW, Washington, signed a Record of Decision for the is conditioned on the Forest Service
DC 20250–9410. Sterling Highway MP 45–60 Project, completing a project-specific plan
Fax: (202) 690–7442. which involves highway construction amendment because the new route is
Email: program.intake@usda.gov. and reconstruction near Cooper inconsistent with a Forest Plan standard
Persons with disabilities who require Landing, Kenai Peninsula Borough, prohibiting new road construction
alternative means for communication Alaska. The U.S. Department of within a certain type of brown bear
(Braille, large print, audiotape, etc.) Agriculture, Forest Service participated habitat. This notice pertains only to this
should contact USDA’s TARGET Center as a cooperating agency with FHWA and project-specific plan amendment.
at (202) 720–2600 (voice and TDD). Alaska Department of Transportation The policy for project consistency
Additional Public Notification and Public Facilities in the preparation with prior plans amended using the
of the draft and final Environmental 2012 Planning Rule is set out at FSH
FSIS will announce this notice online 1909.12, Chapter 20, Section 21.33. For
Impact Statements (EIS). To support the
through the FSIS web page located at a plan developed or revised under a
FHWA decision, the Forest Service
http://www.fsis.usda.gov/federal- prior planning regulation (1982
proposes a project-specific Land and
register. FSIS will also make copies of Planning Rule) that is amended
Resource Management Plan (Forest
this Federal Register publication pursuant to the 2012 Planning Rule, the
Plan) amendment to make the selected
available through the FSIS Constituent consistency requirement is that the 2012
route consistent with the Chugach
Update, which is used to provide Planning Rule consistency provisions at
Forest Plan.
information regarding FSIS policies, 36 CFR 219.15(d) apply only to plan
procedures, regulations, Federal DATES: Publication of this notice marks
component(s) added or modified in
Register notices, FSIS public meetings, the initiation of a public comment
conformance with, and as defined by,
and other types of information that period for the proposed action.
the 2012 Planning Rule. With respect to
could affect or would be of interest to Comments concerning the scope of the
other plan provisions, the Forest
constituents and stakeholders. The analysis must be received by November
Service’s prior interpretation of
Update is communicated via Listserv, a 13, 2018. The agency expects to release consistency applies, that projects need
free electronic mail subscription service a draft Record of Decision for the only be consistent with plan standards
for industry, trade groups, consumer proposed amendment in late 2018. and guidelines. (See 2012 Final Rule 77
interest groups, health professionals, ADDRESSES: Send written comments to FR 21162, 21241 (April 9, 2012); 1991
and other individuals who have asked Chugach National Forest Supervisor’s Advanced Notice of Proposed
to be included. The Update is also Office, Attn: Sterling Highway Plan Rulemaking 56 FR 6508, 6519–6520
available on the FSIS web page. In Amendment, 161 East 1st Avenue, Door (Feb 15, 1991) and the 1995 Proposed
addition, FSIS offers an electronic mail 8, Anchorage, AK 99501. Comments Rule, at 60 FR 18886, 18902, 18909
amozie on DSK3GDR082PROD with NOTICES1
subscription service which provides may also be sent via email to comments- (April 13, 1995).)
automatic and customized access to alaska-chugach@fs.fed.us, or via As analyzed and disclosed in the
selected food safety news and facsimile to 907–743–9476. Sterling final EIS, this project is also
information. This service is available at FOR FURTHER INFORMATION CONTACT: inconsistent with one guideline related
http://www.fsis.usda.gov/subscribe. Detailed information about the Sterling to brown bear habitat. This
Options range from recalls to export Highway Project, including the FHWA’s inconsistency does not require a plan
information to regulations, directives, Record of Decision, FEIS, and related amendment (Forest Plan, p. 3–22), but is
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![49062 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
Opportunities for Public Participation Office, is transmitting the final known as the Building Permits Survey
The FHWA provided opportunities boundary of the Black Butte National (BPS). The Census Bureau conducts this
for public comment throughout the Wild and Scenic River, including survey to collect data on new residential
development of this project, including portions of Cold Creek, to Congress. buildings from state and local permit-
public comment periods and public FOR FURTHER INFORMATION CONTACT: issuing offices. The key estimates from
meetings following issuance of the draft Information may be obtained by the survey are the numbers of new
EIS and Final EIS. A history of public contacting Mendocino National Forest housing units authorized by building
participation, including all public Supervisor’s Office, 825 N Humboldt permits; data are also collected on the
comments, is available at: http://sterling Ave., Willows, CA 95988; (530) 934– valuation of the housing units. The BPS
highway.net/SHWPI_New.html. Both the 3316. specifically collects information on
draft and final EIS disclosed the need changes to the geographic coverage of
SUPPLEMENTARY INFORMATION: The Black the permit-issuing place, the number
for a Forest Plan amendment, depending Butte Wild and Scenic River, including
on the alternative selected. and valuation of new residential
portions of Cold Creek, boundary is housing units authorized by building
This notice initiates a 45-day available for review at the following
comment period on the proposed permits, and additional information on
offices: USDA Forest Service, Yates residential permits valued at $1 million
amendment. This will be the final Building, 14th and Independence
comment period for this proposed or more, including, but not limited to,
Avenues SW, Washington, DC 20024; site address and type of building.
amendment prior to issuing the record Pacific Southwest Region 1323 Club The Census Bureau produces statistics
of decision for administrative review. Drive, Vallejo, CA 94592; and used to monitor activity in the large and
Instructions on how to provide Mendocino National Forest Supervisor’s dynamic construction industry. Given
comment, and where to find additional Office, 825 N Humboldt Ave., Willows, the importance of this industry, several
information, are described in the CA 95988. of the statistical series have been
beginning of this notice. Comments The Northern California Coastal Wild designated by the Office of Management
received in response to this solicitation, Heritage Wilderness Act (Pub. L. 109– and Budget as Principal Economic
including names and addresses of those 362) of October 17, 2006, designated the Indicators. Two such indicators are
who comment, will be part of the public Black Butte River and portions of Cold directly dependent on the key estimates
record for this proposed action. Creek, California, as a National Wild from the BPS. For New Residential
Comments submitted anonymously will and Scenic River, to be administered by Construction (which includes Housing
be accepted and considered, however. the Secretary of Agriculture. As Units Authorized by Building Permits,
Administrative Review of Forest Plan specified by law, the boundary will not Housing Starts, and Housing
Amendment Decisions be effective until 90-days after Congress Completions), form C–404 is used to
receives the transmittal. collect the estimate for Housing Units
The decision for a plan amendment
will be documented in a record of Dated: September 21, 2018. Authorized by Building Permits. For
decision issued by the Forest Service. Gregory C. Smith, New Residential Construction and
Sales, the number of housing units
The decision will be subject to the Acting Associate Deputy Chief, National
Forest System. authorized by building permits is a key
predecisional administrative review
component utilized in the estimation of
process per 36 CFR 219 subpart B. [FR Doc. 2018–21163 Filed 9–27–18; 8:45 am]
housing units started, completed, and
Objections will be accepted only from BILLING CODE 3411–15–P
sold.
those who have previously submitted These statistics help state, local, and
substantive formal comments specific to federal governments, as well as private
the proposed plan amendment. The DEPARTMENT OF COMMERCE industry, analyze this important sector
Reviewing Official for any objection is of the economy. The building permit
the Regional Forester for the Alaska Submission for OMB Review;
series are available monthly based on a
Region. Comment Request sample of building permit offices, and
Dated: September 7, 2018. The Department of Commerce will annually based on the entire universe of
Gregory C. Smith, submit to the Office of Management and permit offices. Published data from the
Acting Associate Deputy Chief, National Budget (OMB) for clearance the survey can be found on the Census
Forest System. following proposal for collection of Bureau’s website at www.census.gov/
[FR Doc. 2018–21153 Filed 9–27–18; 8:45 am] information under the provisions of the permits.
BILLING CODE 3411–15–P Paperwork Reduction Act. The Census Bureau collects these data
Agency: U.S. Census Bureau. primarily by mail or online using an
Title: Report of Building or Zoning online version of the same
DEPARTMENT OF AGRICULTURE Permits Issued for New Privately- questionnaire. Some data are also
Owned Housing Units. collected via receipt of proprietary
Forest Service OMB Control Number: 0607–0094. electronic files or mailed printouts for
Form Number(s): C–404. jurisdictions who have established
Boundary Establishment for Black Type of Request: Extension of a reporting arrangements which allow
Butte National Wild and Scenic River, currently approved collection. them to submit their responses using
Including Portions of Cold Creek, Number of Respondents: 20,325. their own file format.
Mendocino National Forest, Mendocino Average Hours per Response: Ranges We use the data, a component of The
amozie on DSK3GDR082PROD with NOTICES1
County, California from 3 to 23 minutes. Conference Board Leading Economic
AGENCY: Forest Service, USDA. Burden Hours: 17,263. Index, to estimate the number of
ACTION: Notice of availability. Needs and Uses: The Census Bureau housing units authorized, started,
is requesting a three-year extension of completed, and sold (single-family
SUMMARY: In accordance with Section the Report of Building or Zoning only). In addition, the Census Bureau
3(b) of the Wild and Scenic Rivers Act, Permits Issued for New Privately- uses the detailed geographic data in the
the USDA Forest Service, Washington Owned Housing Units, otherwise development of annual population
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Document Created: 2018-09-28 01:23:22
Document Modified: 2018-09-28 01:23:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; project-specific amendment to the Chugach National Forest 2002 Land and Resource Management Plan. | |
| Dates | Publication of this notice marks the initiation of a public comment period for the proposed action. Comments concerning the scope of the analysis must be received by November 13, 2018. The agency expects to release a draft Record of Decision for the proposed amendment in late 2018. | |
| Contact | Detailed information about the Sterling Highway Project, including the FHWA's Record of Decision, FEIS, and related reports, is available at http://sterlinghighway.net/. For information related specifically to the Forest Plan amendment, please contact David Fitz-Enz, Forest Planner, Chugach National Forest at 907-743-9595 or [email protected] | |
| FR Citation | 83 FR 49060 |
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