[Federal Register Volume 69, Number 83 (Thursday, April 29, 2004)]
[Notices]
[Pages 23492-23493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9688]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 69, No. 83 / Thursday, April 29, 2004 / 
Notices  

[[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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