[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Notices]
[Pages 2371-2372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-914]


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DEPARTMENT OF AGRICULTURE

Forest Service


South Bend Weigh and Safety Station, Deschutes National Forest, 
Deschutes County, OR

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA, Forest Service will prepare an environmental impact 
statement (EIS) to evaluate a request by Oregon Department of 
Transportation (ODOT) to construct and operate a vehicle weigh and 
safety inspection station on Deschutes National Forest under authority 
of a Special Use Permit. The proposed area is located on the northbound 
lane of Highway 97, south of Bend, Oregon, between milepost 145 and 
148. The legal location is Township 19S, Range 11E, Section 1, NE\1/4\, 
Willamette Meridian.

DATES: Issues and comments concerning the scope of analysis of the 
Proposed Action should be received by February 14, 2000.

ADDRESSES: Submit written comments regarding the Proposed Action to 
Mollie Chaudet, Project Team Leader, Bend-Fort Rock Ranger District, 
1230 NE 3rd Street, Suite A-262, Bend, Oregon 97701.

FOR FURTHER INFORMATION CONTACT: Direct questions about the Proposed 
Action and EIS to Chris Mickle, Attention: South Bend Weigh and Safety 
Station, Bend-Fort Rock Ranger District, 1230 NE 3rd Street, Suite A-
262, Bend, Oregon 97701, phone 541-383-4721.

SUPPLEMENTARY INFORMATION: The Forest Service Proposed Action would 
include clearing of approximately one acre of brush and trees to 
accommodate construction of a building, bypass lanes for vehicle 
acceleration and deceleration, and related areas for parking and 
inspections. The size of the trees to be removed would average 14 
inches diameter at chest height. The building is approximately 210 
square feet and 12 feet high. The bypass lanes would measure 16 feet by 
3,800 feet. The maximum width of the asphalt lanes, building, and 
gravel shoulder would be 60 feet, tapering to 16 feet on both the 
approach and exit lanes. A fuel break would be created east of the 
cleared area for a perimeter of 10 feet around the facility where dead 
fuels would be removed, trees would be pruned of limbs to at least 
eight feet in height. Brush would be mechanically treated as needed. 
Noxious weed control would emphasize early prevention and detection.
    A Weigh in Motion (WIM)/Automatic Vehicle Identification (AVI) 
system would be sited within one mile of the weigh station facility. 
Equipment would include in-road sensors, a roadside computer cabinet 
(77 inches  x  (44 inches  x  26 inches), two overhead detectors (10 
inches  x  10 inches  x  10 inches) mounted on two overhead detector 
poles (14 feet 2 inches high  x  4 inches diameter), an AVI cabinet (24 
inches  x  2 inches  x  10 inches) mounted on a 5 foot tall AVI cabinet 
pole (10 inches diameter), and two AVI poles that overhang the highway 
spaced 600 feet apart from each other. Power would be supplied by 
extending less than two miles of underground service in the existing 
right-of-way along the east side of Highway 97. Highway signing would 
include information about distances to the upcoming weigh station and 
whether the facility is open, or not.
    The Forest Service has agreed to consider a weigh station on 
National Forest System lands based on the public need for the facility. 
The facility cannot reasonably be served by the development on non-
National Forest System land. Analysis has indicated a high violation 
rate in Central Oregon, especially trucks with a Bend and/or Redmond 
destination that originate locally. The proposed location of the weigh 
station and WIM sensors are within the Deschutes National Forest 
boundary and cannot be easily bypassed via other routes. The Deschutes 
National Forest Land and Resource Management Plan (LRMP) presently 
allocates the proposed location to a management area that emphasizes 
Scenic Views (Retention). The location is outside the boundary of the 
Newberry National Volcanic Monument.
    Alternatives to be considered will include the no action 
alternative plus action alternatives that may include a modification of 
the design or location of the proposed site. The selected alternative 
may result in an amendment to the LRMP (Forest Plan).

[[Page 2372]]

    Preliminary issues that have been identified include: (1) Placement 
of a truck scale at this location could unnecessarily subject nearby 
property owners and the High Desert Museum to an increased risk of 
fire. (2) The proposed site could introduce hazardous traffic weaving 
movements and speed differentials, and could promote traffic 
congestion. (3) The truck scale could be contrary to Forest Plan Visual 
Quality Objectives under the current land allocation (scenic views) and 
could be an eyesore.
    Public scoping will include a 30 day comment period in response to 
a scoping letter mailed to interested people and posted on the 
Deschutes National Forest website (www.fs.fed.us/r6/dechutes), and open 
house, and additional public meetings as needed.
    The public is invited to offer suggestions and comments in writing. 
Comments received in response to this notice, including the names and 
addresses of those who comment, will be considered part of the public 
record on this proposal and will be available to public inspection. 
Comments submitted anonymously will be accepted and considered; 
however, those who submit anonymous comments will not have standing to 
appeal the subsequent decision under 36 CFR part 215. Additionally, 
pursuant to 7 CFR 1.27(d), any person may request the agency to 
withhold a submission from the public record by showing how the Freedom 
of Information Act (FOIA) permits such confidentiality. Persons 
requesting such confidentiality should be aware that under the FOIA, 
confidentiality may be granted in only very limited circumstances, such 
as to protect trade secrets. The Forest Service will inform the 
requester of the agency's decision regarding the request for 
confidentiality, and where the request is denied, the agency will 
return the submission and notify the requester that the comments may be 
resubmitted with or without name and address within a specified number 
of days.
    The draft EIS is expected to be completed in September, 2000. The 
comment period on the draft EIS will be 45 days from the date the 
Environmental Protection Agency publishes the notice of availability in 
the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
a draft EIS 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 EIS stage but that are not 
raised until after completion of the final EIS 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 at a time when it can meaningfully consider them and respond to 
them in the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft statement. Comments may also 
address the adequacy of the draft EIS or the merits of the alternatives 
formulated and discussed in the statement. (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.)
    The final EIS is scheduled to be completed by January, 2001. In the 
final EIS, the Forest Service is required to respond to comments and 
responses received during the comment period that pertain to the 
environmental consequences discussed in the draft EIS and applicable 
laws, regulations, and policies considered in making the decision 
regarding the South Bend Weigh and Safety Station.
    The Forest Service is the lead agency. Sally Collins, Forest 
Supervisor, is the Responsible Official. The Responsible Official will 
determine which alternative best meets the purpose and need for this 
project and addresses the key issues raised about this project. The 
decision and rationale will be documented in the Record of Decision. 
That decision will be subject to Forest Service Appeal Regulations (36 
CFR Part 215).

    Dated: January 6, 2000.
Rebecca Heath,
Deputy Forest Supervisor.
[FR Doc. 00-914 Filed 1-13-00; 8:45 am]
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