[Federal Register: April 29, 2004 (Volume 69, Number 83)]
[Notices]
[Page 23492-23493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap04-16]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 23492]]
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DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Intent To Prepare a Supplement to the Final
Environmental Impact Statement for Gypsy Moth Management in the United
States: a Cooperative Approach
AGENCIES: Forest Service and Animal and Plant Health Inspection
Service, USDA.
ACTION: Notice.
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SUMMARY: The Forest Service and the Animal and Plant Health Inspection
Service propose to add the insecticide, tebufenozide (trade name
Mimic), to their list of treatments for the control of gypsy moth. The
analysis for this proposal builds on the analysis and documentation for
the January 16, 1996, Record of Decision for the Gypsy Moth Management
in the United States: a Cooperative Approach Final Environmental Impact
Statement, which was published in the Federal Register on February 15,
1996 (61 FR 5976). The agencies will prepare a Supplemental
Environmental Impact Statement (SEIS) to the November 1995 Final
Environmental Impact Statement (EIS), Gypsy Moth Management in the
United States: a Cooperative Approach, which was published in the
Federal Register on December 1, 1995 (60 FR 61698).
The 1996 Record of Decision adopted alternative 6 in the final EIS,
which consisted of three management strategies: suppression,
eradication, and slow-the-spread treatments. Pesticide treatment
options in the 1996 Record of Decision included: Bacillus thuringiensus
var. kurstaki, diflubenzuron, and nucleopolyhedrosis virus (Gypchek).
Other management approaches included mass trapping, mating disruption,
and sterile insect release.
In addition to the proposal to add the insecticide, tebufenozide
(trade name, Mimic), the agencies propose developing a process for
adding other insecticides that are currently unidentified and
unregistered insecticides, not available at the current time, that may
become available in the future to their list of treatments for control
of gypsy moth, if the proposed insecticides are within the range of
effects and acceptable risks for the existing list of treatments.
DATES: Comments concerning this notice must be received in writing June
14, 2004.
ADDRESSES: Comments concerning this notice should be addressed to
Joseph L. Cook, Gypsy Moth Supplemental EIS Project Leader, Forest
Service, Northeastern Area, State and Private Forestry, 180 Canfield
Street, Morgantown, WV 26505. Comments also may be submitted via
facsimile to (304) 285-1505.
The public may inspect comments received at State and Private
Forestry, 180 Canfield Street, Morgantown, West Virginia. Visitors are
encouraged to call ahead to (304) 285-1523 to facilitate entry to the
building.
FOR FURTHER INFORMATION CONTACT: Joseph L. Cook, Gypsy Moth
Supplemental EIS Project Leader, at (304) 285-1523.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Relay Service (FRS) at 1-800-877-8339 twenty-four
hours a day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION:
Estimated Dates for Filing
The draft Supplemental Environmental Impact Statement is expected
to be filed with the Environmental Protection Agency and available for
public review in March 2005. A 45-day comment period will follow
publication of a Notice of Availability of the draft Supplemental
Environmental Impact Statement (SEIS) in the Federal Register. Comments
received on the draft SEIS will be analyzed and considered in
preparation of the final SEIS, expected in February 2006. A Record of
Decision (ROD) will also be issued and published at that time along
with the publication of a Notice of Availability of the final SEIS in
the Federal Register.
Reviewers Obligation To Comment
The Forest Service and the Animal and Plant Health Inspection
Service believe that, at this early stage, it is important to give
reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the 45-day comment period so that
substantive comments and objections are made available to the Forest
Service and the Animal and Plant Health Inspection Service at a time
when the agencies can meaningfully consider them and respond to them in
the final supplemental environmental impact statement.
To assist the Forest Service and Animal and Plant Health Inspection
Service in identifying and considering issues and concerns on the
proposed action, comments should be as specific as possible. Reviewers
may wish to refer to the Council on Environmental Quality Regulations
for implementing the procedural provisions of the National
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
This notice of intent initiates the scoping process which guides
the development of the supplement to the environmental impact
statement. The Forest Service and the Animal and Plant Health
Inspection Service are seeking information and comments from Federal,
State, Tribal, and local agencies, as well as individuals and
organizations who may be interested in, or affected by the proposed
action.
[[Page 23493]]
Purpose and Need for Action
The January 16, 1996, Record of Decision for the Gypsy Moth
Management in the United States: a Cooperative Approach Environmental
Impact Statement published February 15, 1996 (61 FR 5976), identified a
need to protect forests and trees of the United States from the adverse
effects of the gypsy moth, a non-native insect that alters ecosystems
and disrupts people's lives when it feeds heavily on the foliage of
trees, shrubs, and other plants. Managers need a full and up-to-date
suite of appropriate gypsy moth treatment tools.
A new insecticide, tebufenozide (trade name Mimic), which is
registered with the Environmental Protection Agency (EPA) for effective
suppression of the gypsy moth, became available after publishing of the
January 16, 1996, Record of Decision. Managers need a full and up-to-
date suite of appropriate gypsy moth treatment tools to meet the
purpose and need of the 1995 Environmental Impact Statement, Gypsy Moth
Management in the United States: a Cooperative Approach. Accordingly,
there is a need to include tebufenozide in the agencies' list of
treatments. There is also a need to provide for the timely and
appropriate addition of future gypsy moth treatments as they are
registered for use with the Environmental Protection Agency.
Nature of Decision To Be Made
The responsible officials will decide whether or not to add the
insecticide, tebufenozide (trade name Mimic), to their list of
treatments for control of gypsy moth and whether or not to provide for
the addition of other insecticides to their list of treatments for
control of gypsy moth, if the other insecticides are within the range
of effects and acceptable risks for the existing list of treatments.
Responsible Officials
The responsible official for the Forest Service is the Deputy Chief
for State and Private Forestry. The responsible official for the Animal
and Plant Health Inspection Service is the Deputy Administrator for
Plant Protection and Quarantine.
Use of Comments
All comments received in response to this notice, including the
names and addresses when provided, will become a matter of public
record and will be available for public inspection and copying.
Comments will be summarized and included in the final Supplemental
Environmental Impact Statement.
Dated: April 19, 2004.
Robin L. Thompson,
Associate Deputy Chief, State and Private Forestry.
[FR Doc. 04-9688 Filed 4-28-04; 8:45 am]
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