Department of Agriculture February 2005 – Federal Register Recent Federal Regulation Documents

The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Food and Drug Administration (FDA), United States Department of Health and Human Services, are sponsoring a public meeting on March 3, 2005, to provide information and receive public comments on new work and priorities for the ad hoc Intergovernmental Task Force on Food Derived from Biotechnology of the Codex Alimentarius Commission (Codex). Following approval at the 27th Session of the Codex Alimentarius Commission (June 28-July 3, 2004) to establish the Task Force, under the chairmanship of Japan, Codex agreed to solicit comments on the work that the Task Force should undertake and on the priorities for this new work.

The Shasta-Trinity National Forest proposes to harvest timber and clean up the resulting down wood (fuels) on approximately 3,770 acres of National Forest System lands. About 90% of the area would be harvested through thinning by removing a portion of the trees from overcrowded forest stands. Trees removed would be those infected with disease or insects and generally smaller in size than those left behind. Most of the trees on the remaining 10% are infected by disease and insects and would be removed. Young tree seedlings would be planted in the openings created in these areas. The project area is in T40 and 41N, R1W, MDM., about 10 miles northeast of the town of McCloud, California. Most of the project area is zoned by the Forest Land and Resource Management Plan as Matrix land. About one percent of the area is zoned as Riparian Reserve (areas adjacent to streams or other wetlands).

This decision proposes amending the marketing agreement and order (order) for Irish potatoes grown in Washington, and provides producers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments are based on those proposed by the State of Washington Potato Committee (Committee), which is responsible for local administration of the order. These amendments include: adding authority for container and marking regulations; requiring Committee producer members to have produced potatoes for the fresh market in at least 3 out of the last 5 years prior to nomination; updating order provisions pertaining to establishment of districts and apportionment of Committee membership among those districts; requiring Committee nominees to submit a written background and acceptance statement prior to selection by USDA; allowing for nominations to be held at industry meetings or events; adding authority to change the size of the Committee; and adding authority to allow temporary alternates to serve when a Committee member and that member's alternate are unable to serve. The USDA proposed two additional amendments: to establish tenure limitations for Committee members, and to require that continuance referenda be conducted on a periodic basis to ascertain producer support for the order. The proposed amendments are intended to improve the operation and functioning of the marketing order program.

The Rural Housing Service (RHS) is correcting a notice published October 27, 2004 (69 FR 62639-62648). This action is taken to correct the program requirement and eligibility criteria for the location of the low-income rural community office that will be receiving the financial and technical assistance. This correction provides clarification to applicants on how to determine 80 percent of the median household income for a low-income community location. This correction also extends the application deadline date from January 25, 2005, to February 25, 2005. Accordingly, the notice published October 27, 2004 (69 FR 62639- 62648), is corrected as follows: On page 62640, in the second column, under the heading Program Requirements, number 1 should read: ``1. The recipient and beneficiary, but not the intermediary must be located in an eligible rural area. The location of the low-income rural community office that will be receiving the financial and technical assistance must be in a community with a median household income at or below, 80 percent of the State or national median household income. The applicable Rural Development State Office can assist in determining the eligibility of an area. A listing of Rural Development State Offices is included in this Notice.'' On page 62640, in the third column, under the heading Program Requirements, number 3 should read: ``3. Documentation must be submitted to verify recipient eligibility. Acceptable documentation varies depending on the type of recipient: Private nonprofit community- based housing and development organizations must provide a letter confirming its tax-exempt status from the IRS, a certificate of incorporation and good standing from the Secretary of State, or other similar and valid documentation of nonprofit status; for low-income rural community recipients, the Agency requires: (a) evidence the entity is a public body, and (b) census data verifying that the median household income of the community where the office receiving the financial and technical assistance is located is at, or below, 80 percent of the State or national median household income; for federally recognized tribes, the Agency needs the page listing their name from the current Federal Register list of tribal entities recognized and eligible for funding services (see the definition of federally recognized tribes for details on this list).'' On page 62639, in the second column, under the heading Dates paragraph should read: ``The deadline for receipt of an application is 4 p.m. eastern time February 25, 2005. The application date and time are firm. The Agency will not consider any application received after the deadline.'' On page 62642, in the third column, under the heading Submission Dates and Times the second paragraph should read: ``The deadline for receipt of an application is 4 p.m. eastern time on February 25, 2005. The application deadline date and hour are firm and apply to submission of the original application to the National Office in Washington, DC. The Agency will not consider any application received after the deadline. A listing of Rural Development State Offices, their addresses, telephone numbers, and person to contact is provided elsewhere in this Notice.''

The Forest Supervisor of the Wasatch-Cache National Forest gives notice of the agency's intent to prepare an environmental impact statement on a proposal to manage forest land in the West Fork Bear River drainage. Temporary roads would be constructed to provide access for timber harvest in portions of the area. The proposal also includes reconstruction or relocation of some poorly designed or located existing roads. The headwaters of this drainage are located on the Evanston Ranger District about 40 miles south of Evanston, Wyoming in the Uinta Mountain Range. The proposed action was developed to meet Forest Plan vegetation management objectives for achieving forest vegetation composition, structure, and patterns in properly functioning condition. The analysis area includes approximately 16,000 acres. The proposal addresses lands located primarily in the Humpy Creek, Meadow Creek, West Bear and Mill City Creek drainages located in Township 1 North, Ranges 9 East and 10 East, Salt Lake Meridian. The first notice of intent was published on pages 12963-12964 of the Federal Register on March 20, 2002 (Volume 67, Number 54). The project was delayed due to other priorities developing as the result of a large wildfire in the summer of 2002.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), Utah State Office, announces its intention to prepare an environmental impact statement (EIS) to evaluate the impacts of floodplain and stream channel modifications in the Coal Creek Watershed. A plan would be developed to reduce safety risks and property damage caused by flooding of Cedar City and agricultural lands, improve water quality, and address related resource and amenity issues for the community. The EIS will analyze the potential environmental and socioeconomic impacts of alternatives to the human environment, as identified in the NEPA planning process, including any structural and non-structural measures that would address resource concerns in Coal Creek floodplain. The purpose of this notice is to request participation and invite comments from all those individuals and organizations interested in the development of the EIS. Proposed Action: The section of Coal Creek that traverses through Cedar City, Utah has channel stability and capacity deficiencies that pose a threat to existing infrastructure and development. Typical summer, fall, and winter discharges through this section of Coal Creek range from 5 to 15 cubic feet per second (cfs). However, intense summer cloudburst events centered in the upper Coal Creek watershed during the past 100 years have resulted in several flood events with peak discharges of between 4,000 and 5,000 cfs. The peak snowmelt event on record is approximately 1,800 cfs. The NRCS, in cooperation with Cedar City, proposes to modify portions of the Coal Creek channel that are located east of Interstate 15 within the corporate limits of Cedar City. Channel modifications are needed to protect existing infrastructure and development from damage or loss caused by bank erosion or flood water from a 100-year flood event and to eliminate the portion of the 100-year floodplain located outside the stream channel, as defined on existing Federal Emergency Management Agency (FEMA) flood hazard boundary maps. In conjunction with needed channel improvements, one or more irrigation diversion structures on Coal Creek may have to be relocated upstream from their current locations to eliminate existing flooding hazards. It is an NRCS goal to construct new diversion facilities that will improve irrigation water quality by removing sediment from irrigation water after it is diverted from Coal Creek. NRCS will also consider the option of locating the new diversion facilities to allow a pressurized irrigation system to be constructed in the future. New pipeline facilities would need to be constructed as part of this project from any new diversion facilities to the heads of the existing canals where the existing diversions are located. In addition to the flood control and irrigation system improvements, NRCS and Cedar City propose to design and construct a trail system and other Parkway improvements adjacent to the Coal Creek Channel that would enhance aesthetic values and provide recreational opportunities for community residents and visitors. Public Participation: The NRCS invites full public participation to promote open communication and better decision-making. All persons and organizations that have an interest in the Coal Creek watershed and floodplain as it impacts Cedar City are urged to participate in the NEPA environmental analysis process. Assistance will be provided as necessary to anyone having difficulty in determining how to participate. A Public Involvement Plan (PIP) has been developed and will be followed. Public comments are welcomed throughout the NEPA process. Opportunities for public participation include: (1) The EIS scoping period when comments on the NRCS proposal will be solicited through various media and at a public meeting to be held in Cedar City, Utah, March 10, 2005; (2) the 45-day review and comment period for the published Draft EIS; and (3) for 30 days after publication of the Final EIS. Scoping Process: Public participation is requested throughout the scoping process. The NRCS is soliciting comments from the public indicating what issues and impacts the public believes should be encompassed within the scope of the EIS analysis, voicing any concerns they might have about the identified resource protection measures, and submitting any ideas they might have for addressing risks to life and property in the Coal Creek floodplain. Other opportunities for public input include: (1) Once the Notice of Availability (NOA) of the Draft EIS is published in the Federal Register, comments will be accepted on the Draft EIS for a period of not less than 45 days, and (2) once the Final EIS is published in the Federal Register; comments will be accepted for a period of not less than 30 days. The NRCS will provide a written response to all comments received and will consider the issues presented for study and possible inclusion in the EIS. The public participation plan describes responsibilities and outreach opportunities in this process. Date Scoping Comments are Due: Comments may be submitted by regular mail, facsimile, or E-mail until 5 p.m. MST, March 21, 2005. Written comments submitted by regular mail should be postmarked by March 21, 2005, to ensure full consideration. (Note: The scoping period will continue for a period of 30 calendar days after the issuance date of this NOI.) Comments postmarked after this date will be considered to the extent practicable. Scoping Meeting: A public scoping meeting/open house will be held Thursday, March 10, 2005, to provide information on Coal Creek planning activities conducted to date, give the opportunity to discuss the issues and alternatives that should be covered in the Draft EIS, and to receive oral and written comments. The open house will be held from 4 p.m. to 8 p.m. at the Cedar City Public Library, 303 North 100 East, Cedar City, Utah.

The Forest Service will prepare an environmental impact statement on a proposal to construct approximately 24 miles of defensible fuel profile zones (DFPZs), harvest trees from approximately 260 acres using group selection silviculture methods, and perform associated road-system improvements within the pilot project area defined in the Herger-Feinstein Quincy Library Group Forest Recovery Act, October 1998 (HFQLGFRA). The purpose of this project is to reduce the potential size of wildfires, provide fire suppression personnel safe locations for taking action against wildfires, achieve an all- aged, multi-story, fire-resilient forest, and provide an adequate timber supply that contributes to the economic health of rural communities as directed in the HFQLGFRA and Sierra Nevada Forest Plan Amendment, January 2004.

The Forest Service will prepare an environmental impact statement on a proposal to harvest trees from approximately 90 acres using group selection silviculture methods, from approximately 100 acres using individual tree selection silviculture methods, and perform associated road system improvements within the pilot project area defined in the Herger-Feinstein Quincy Library Group Forest Recovery Act, October 1998 (HFQLGFRA).

Pursuant to the authorities in the Federal Advisory Committee Act of 1972 (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Sierra National Forest's Resource Advisory Committee for Madera County will meet on Monday, February 14, 2005. The Madera Resource Advisory Committee will meet at the Bass Lake Ranger District Office, North Fork, CA, 93643. The purpose of the meeting is: review the goals for FY 2005 RAC proposals and presentation of potential stewardship projects on the Sierra National Forest.

This rule provides regulations for the manner in which assessments are to be made on various domestic manufacturers or importers of tobacco products to fund the tobacco transition payment program as required by Title VI of the America Jobs Creation Act of 2004 (the 2004 Act).

This final rule adjusts representation on the Cattlemen's Beef Promotion and Research Board (Board), established under the Beef Promotion and Research Act of 1985 (Act), to reflect changes in cattle inventories and cattle and beef imports that have occurred since the most recent Board reapportionment rule became effective in 2002. These adjustments are required by the Beef Promotion and Research Order (Order) and will result in a decrease in Board membership from 108 to 104, effective with the Department of Agriculture's (USDA) appointments for terms beginning early in the year 2006.

The USDA Forest Service Plumas National Forest will prepare an Environmental Impact Statement (EIS) on a proposal to construct a Defensible Fuel Profile Zone (DFPZ), harvest trees using group- selection and individual tree selection silvicultural methods, and perform associated road-system improvement work in forested areas of public land northeast of Quincy, California.

Through this action, the Rural Housing Service (RHS) is revising and clarifying the definition for an existing dwelling and a new dwelling or unit, removing specific dollar limits with regards to insurance deductible clauses, and establishing the amount of insurance required to conform to industry standards. These changes are being made to make more clear what constitutes an existing and a new dwelling, and to conform insurance coverage requirements to industry standards. The intended effect is to improve the delivery and implementation of the Direct Single Family Housing programs.

The Agricultural Marketing Service published in the Federal Register on January 14, 2005, a Secretary's Decision and Referendum Order on proposed amendments to the Washington sweet cherry marketing order. This docket corrects the representative period for voting in the referendum from April 1, 2003, through March 31, 2004, to April 1, 2004, through February 28, 2005.

GIPSA requests comments on the applicant for designation to provide official services in Southwest Arizona.

We are adopting as a final rule, without change, an interim rule that amended the general indemnity regulations to provide for the payment of indemnity to owners for fish destroyed because of spring viremia of carp. We also amended the interstate movement regulations to prevent the movement of fish infected with or exposed to spring viremia of carp. These actions were necessary to help control and eradicate this disease in the United States.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. c10, the National Agricultural Statistics Service (NASS) announces a meeting of the Advisory Committee on Agriculture Statistics.

This rule finalizes amendments to the Food Stamp Program (FSP) regulations that were proposed in a Notice of Proposed Rulemaking (NPRM), ``Food Stamp Program High Performance Bonuses'', published on December 17, 2003 in the Federal Register. The NPRM proposed regulations that would implement section 4120 of the Farm Security and Rural Investment Act of 2002 (FSRIA) which authorized the Food and Nutrition Service (FNS) to award bonuses to States that demonstrate high or improved performance in administering the FSP. The NPRM proposed performance measures for the high performance bonuses for fiscal year (FY) 2005 and beyond. It also proposed the data that would be used to measure the identified performance. This final rule summarizes and discusses the comments we received as well as adjusts the regulatory language when necessary in response to those comments.

This rule increases the assessment rate established for the Raisin Administrative Committee (Committee) for the 2004-05 and subsequent crop years from $8.00 to $11.00 per ton of free tonnage raisins acquired by handlers, and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The Committee locally administers the Federal marketing order which regulates the handling of raisins produced from grapes grown in California (order). Authorization to assess raisin handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The crop year runs from August 1 through July 31. The 2004-05 crop is smaller than normal, and no volume regulation will be implemented this year. As a result, some expenses funded by handler assessments will increase. The $8.00 per ton assessment rate will not generate enough revenue to cover expenses. The $11.00 per ton assessment will remain in effect indefinitely unless modified, suspended, or terminated.

This rule would increase the assessment rate established for the Prune Marketing Committee (committee) under Marketing Order No. 993 for the 2004-05 and subsequent crop years from $4.00 to $6.00 per ton of salable dried prunes. The committee locally administers the marketing order which regulates the handling of dried prunes grown in California. Authorization to assess dried prune handlers enables the committee to incur expenses that are reasonable and necessary to administer the program. The committee recommended a higher assessment rate because the 2004-05 crop is very small, and the higher assessment rate is needed to generate funds to meet program expenses and provide an adequate financial reserve. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

We are advising the public that the Animal and Plant Health Inspection Service is reopening the comment period for a petition from Monsanto Company and Forage Genetics International that seeks a determination of nonregulated status for alfalfa designated as events J101 and J163, which have been genetically engineered for tolerance to the herbicide glyphosate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. In accordance with those regulations, we are soliciting public comments on whether this alfalfa presents a plant pest risk. We are also making available for public comment an environmental assessment for the proposed determination of nonregulated status. This action will allow interested persons additional time to prepare and submit comments.