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

The Rural Business-Cooperative Service (RBS) proposes to amend its regulation for Business and Industry (B&I) Guaranteed Loans to remove all references to a one-time, specific loan guarantee fee and provide the authority for the charging of an annual renewal fee on all loans obligated after the publication of the final rule. The intended effect of this rule is to reduce the subsidy rate for guaranteed loans and its associated budget authority dollar level, which will result in a greater level of assistance to the public (i.e., higher supportable loan level). A notice will be published in the Federal Register each fiscal year that will establish the guarantee fee and any annual renewal fees for loans obligated during that fiscal year.

The Flathead County Resource Advisory Committee (RAC) will meet in Kalispell, Montana on March 9th. The purpose of this meeting is to discuss upcoming RAC Projects.

The Forest Service proposes to develop a network of defensible fuel profile zones (DFPZ's), establish group selection harvest units, and conduct area thinnings on the Almanor Ranger District in the Lassen National Forest. The DFPZ's, group selection harvest units, and area thinnings total an estimated 5,905, 1,245, and 3,285 acres respectively, and are spread over a 33,000 acre project area. Included in this proposal are the use of National Forest system roads, the use of temporary roads, and the decommissioning of some system and temporary roads. The project would be implemented through a combination of commercial timber sales, service contracts, and force account crews. These management activities were developed to implement and be consistent with the Lassen National Forest (LNF) Land and Resource Management Plan (LRMP, 1993), as amended by the Herger-Feinstein Quincy Library Group Forest Recovery Act FEIS, FSEIS, and ROD's (1999, 2003), and the Sierra Nevada Forest Plan Amendment FEIS, FSEIS, and ROD's (2001, 2004). Decision to Be Made: The decision to be made is whether to implement the proposed action as described above, to meet the purpose and need for action through some other combination of activities, or to take no action at this time. Scoping Process: Comments concerning the scope of the analysis should be received in writing within 15 days of the date of publication of this Notice of Intent in the Federal Register. The project was initially listed in the Forest's February 2004 quarterly edition of the Schedule of Proposed Actions (SOPA). Scoping letters were sent in June 2004 to those who responded to the SOPA and other identified interest and affected individuals and government agencies. In the SOPA, the mode of environmental documentation was predicted as an environmental assessment. At this time, the environmental analysis will be documented in an environmental impact statement. Since only minor changes are being made to the proposed action that was previously scoped, the scoping period at this time is brief. Those who responded during the June 2004 scoping period will be contacted again. In addition, scoping letters previously received by the Forest Service from the first scoping period will continue to be used for this process. A public scoping meeting is not anticipated at this time. The scoping process will be used to identify issues regarding the proposed action. An issue is defined as point of dispute, debate, or disagreement related to a specific proposed action based on its anticipated effects. Significant issues brought to our attention are used during an environmental analysis to develop alternatives to the proposed action. Some issues raised in scoping may be considered non- significant because they are: (1) Beyond the scope of the proposed action and its purpose and need; (2) already decided by law, regulation, or the Land and Resource Management Plan; (3) irrelevant to the decision to be made; or (4) conjectural and not supported by scientific or factual evidence. Alternatives: Alternatives proposed to date are the Proposed Action as described above and the No Action. Identification of Permits or Licenses Required: No permits or licenses have been identified to implement the proposed action. Lead, Joint Lead, and Cooperating Agencies: The USDA Forest Service is the lead agency for this proposal; there are no cooperating agencies. Estimated Dates for Filing: The expected filing date with the Environmental Protection Agency for the draft EIS April 18, 2005. The expected filing date for the final EIS is June 27, 2005. Person to Which Comments May be Mailed: Comments may be submitted to: Alfred Vazquez District Ranger, Almanor Ranger District, at P.O. Box 767, Chester, CA, 96020 or (530) 258-5194 (fax) during normal business hours. The Almanor Ranger District business hours are from 8 am to 4:30 pm Monday through Friday. Electronic comments, in acceptable plain text (.txt), rich text (.rtf), or Word (.doc) formats, may be submitted to: comments-pacificsouthwest-lassen-almanor@fs.fed.us using Subject: Creeks Forest Health Recovery Project. Reviewer's Obligation to Comment: The comment period on the draft EIS will be 45 days from the date the Environmental Protection Agency publishes the notice of availability of the draft EIS in the Federal Register. The Forest Service believes, 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 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 proposal 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 environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement 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 environmental impact statement 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.

It is the intention of NRCS in Indiana to issue one new and four revised conservation practice standards in Section IV of the FOTG. The new standard is Salinity and Sodic Management (610). The revised standards are: Dry Hydrant (432), Forage Harvest Management (511), Access Road (560) and Spoil Spreading (572). These practices may be used in conservation systems that treat highly erodible land and/or wetlands.

We are amending the citrus canker regulations by updating the list of areas in the State of Florida quarantined because of citrus canker. To reflect the detection of citrus canker in an area adjacent to but outside of one current quarantined area in Florida, as well as in additional counties, we are expanding the boundaries of one existing quarantined area and adding several new areas to the list of quarantined areas. We are also removing a portion of one county from the list of quarantined areas because regular surveys have shown it to have been free of citrus canker for at least 2 years. These actions are necessary to prevent the spread of citrus canker into noninfested areas of the United States and to relieve restrictions that are no longer warranted.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the above-named Agencies to request an extension for the currently approved information collection in support of the servicing of Community and Direct Business Programs Loans and Grants.

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on March 15, 2005, at the North Tahoe Conference Center, 8318 N. Lake Blvd., Kings Beach, CA. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

The Federal Crop Insurance Corporation (FCIC) proposes to amend the General Administrative Regulations (7 CFR part 400, subpart VSubmission of Policies, Provisions of Policies, and Rates of Premium), to include provisions regarding the necessary revisions to the Plan of Operations and administration of the premium reduction plans authorized under section 508(e)(3) of the Federal Crop Insurance Act (Act).

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment for a confined field planting of rice plants genetically engineered to express the protein lysozyme. This environmental assessment is available for public review and comment.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Regulations (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the rehabilitation of Floodwater Retarding Structure No. 4 of the Martinez Creek Watershed, Bexar County, Texas.

Pursuant to the authorities in the Federal Advisory Committee Act (Public Law 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393) the Kootenai National Forest's Lincoln County Resource Advisory Committee will meet on Wednesday March 2, 2005 at 6 p.m. at the Supervisor's Office in Libby Montana for a business meeting. The meeting is open to the public.

The California Coast Provincial Advisory Committee (CCPAC) will meet on March 2-3, 2005, in Ukiah, California. The purpose of the meeting is to discuss issues relating to implementing the Northwest Forest Plan (NWFP).

The Rural Housing Service is delaying implementation of selected sections of the interim final rule published on November 26, 2004 (69 FR 69032-69176). The interim final rule contains requirements regarding citizenship eligibility about which the Agency received several comments. The comments suggested that Agency procedures unnecessarily imposed more requirements than those required under the Department of Housing and Urban Development (HUD) procedures for similar programs. As a result the Agency has decided to delay implementation of the sections listed below in order to harmonize its procedures with HUD under 42 U.S.C. 1436a.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) is revising the United States Standards for Wheat. GIPSA is amending the grain standards to change the definition of contrasting classes in Hard Red Winter wheat and Hard Red Spring wheat such that Hard White wheat is not a contrasting class but is considered as wheat of other classes. GIPSA also is amending the grain standards by adding the sample size used to determine sample grade factors, because the standards should transmit this information. These actions are necessary to ensure market-relevant standards and grades and facilitate the marketing of grain.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations regarding the new information collection entitled, ``Hispanic Perceptions and Uses of the Urban Forest.''

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on a new information collection, Social Dimensions of Fuel Reduction Treatments in Southern Appalachian Forests.

Notice is hereby given that the Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is accepting applications from State cattle producer organizations or associations and general farm organizations, as well as cattle or beef importer organizations, who desire to be certified to nominate producers or importers for appointment to vacant positions on the Cattlemen's Beef Promotion and Research Board (Board). Organizations which have not previously been certified that are interested in submitting nominations must complete and submit an official application form to AMS. Previously certified organizations do not need to reapply. Notice is also given that vacancies will occur on the Board and that during a period to be established, nominations will be accepted from eligible organizations and individual importers.

The Forest Service is proposing to issue an interim directive to guide its employees regarding compliance with the draft Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG). The interim directive would ensure that new or reconstructed developed outdoor recreation areas on National Forest System lands are developed to maximize accessibility, while recognizing and protecting the unique characteristics of the natural setting. The interim directive, to be issued to Forest Service Manual 2330, Publicly Managed Recreation Opportunities, would direct that new or reconstructed outdoor developed recreation areas, including campgrounds, picnic areas, beach access routes, and outdoor recreation access routes, comply with these agency guidelines and applicable Federal accessibility laws, regulations, and guidelines. The Architectural and Transportation Barriers Compliance Board (Access Board) is preparing to publish for public comment proposed accessibility guidelines for outdoor developed areas that would apply to Federal agencies subject to the Architectural Barriers Act. The Forest Service will finalize the direction in this interim directive regarding compliance with the FSORAG when the Access Board finalizes its accessibility guidelines for outdoor developed areas. The final FSORAG would contain the Access Board's final accessibility guidelines for outdoor developed areas managed by Federal agencies, as supplemented by the Forest Service to ensure the agency's continued application of universal design, as well as agency terminology and processes. The America the BeautifulThe National Parks and Federal Recreational Lands Pass established by the Federal Lands Recreation Enhancement Act replaced the Golden Access Passport authorized by the Land and Water Conservation Fund Act. The proposed interim directive would enumerate eligibility requirements for the new pass for people with permanent disabilities. In addition, the proposed interim directive would clarify existing internal agency procedures and policies related to the accessibility of outdoor developed recreation areas. Comments received in response to this notice will be considered in development of the final interim directive. In a related notice published elsewhere in this part of today's Federal Register, the Forest Service is requesting comment on a proposed interim directive to guide its employees regarding compliance with the Forest Service Trail Accessibility Guidelines (FSTAG).

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with the Cooperative State-Federal Bovine Tuberculosis Eradication Program.

The Ravalli County Resource Advisory Committee will be meeting to discuss project development for 2005 and project updates for 2004. Agenda topics will include public outreach methods, and a public forum (question and answer session). The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Public Law 92- 463) and under the Secure Rural Schools and Community Self- Determination Act of 2000 (Public Law 106-393). The meeting is open to the public.

The Agency is revising its internal Housing Application Packaging Grants regulation in order to correct an erroneous reference to the debarment and suspension regulation. This action is necessary since the existing regulation does not accurately reflect the current information. The intended effect is to remove the incorrect reference to the regulation.

This final rule amends the marketing agreement and order for cranberries grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York. The amendments are based on those proposed by the Cranberry Marketing Committee (Committee), which is responsible for local administration of the order and other interested parties representing cranberry growers and handlers. The amendments will: Revise the volume control provisions; add authority for paid advertising; authorize the Committee to reestablish districts within the production area and reapportion grower membership among the various districts; clarify the definition of handle; and incorporate administrative changes. The amendments are intended to improve the operation and functioning of the cranberry marketing order program.