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

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 regulations to prevent the interstate spread of plant diseases within the United States.

The Department of Agriculture, Forest Service, is preparing an environmental impact statement (EIS) to re-establish conifers and hardwoods in key areas that burned during the McNally and Manter fires on the Sequoia National Forest.

On March 1, 2004, the Forest Service published a Notice of Intent to prepare an environmental impact statement for the Growden Dam and Sherman Creek Restoration Project in the Federal Register (69 FR 9569). The Forest Service is revising the project title, the proposed action, the date the EIS is expected to be available for public review and comment, the expected date of release of the final EIS, and the name of the Responsible Official. The project title will be changed to Growden Dam, Sherman Creek Restoration Project and Forest Plan Amendment 28. The proposed action is modified to include Forest Plan Amendment 28, which would change the visual quality objective for the Growden Dam area from ``Retention'' to ``Restoration'' until such time as the vegetation recovers. The immediate foreground area around Growden Dam, a significant dispersed recreation site, would be a construction zone visible from Washington State Highway 20 under each of the three action alternatives. Depending on the alternative selected, there would be up to eight acres of unvegetated landscape next to the highway in the first year of construction. A change in visual quality objective to ``Restoration'' would be in effect until vegetation is reestablished. Within one season grass is expected to cover most of the site and trees and shrubs will have been planted. It is expected that trees and shrubs would be established within five years and the area will appear more natural.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of the currently approved information collection used to compile and generate the Federally Inspected Estimated Daily Slaughter Report for the Livestock and Grain Market News Branch.

The Organic Foods Production Act (OFPA) of 1990, as amended, requires the establishment of a National Organic Standards Board (NOSB). The NOSB is a 15-member board that is responsible for developing and recommending to the Secretary a proposed National List of Approved and Prohibited Substances. The NOSB also advises the Secretary on other aspects of the National Organic Program. The U.S. Department of Agriculture (USDA) is requesting nominations to fill six (6) upcoming vacancies on the NOSB. The positions to be filled are: organic producer (2 positions), consumer/public interest (3 positions), and USDA accredited certifying agent (1 position). The Secretary of Agriculture will appoint a person to each position to serve a 5-year term of office that will commence on January 24, 2006, and run until January 24, 2011. USDA encourages eligible minorities, women, and persons with disabilities to apply for membership on the NOSB.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Nez Perce and Clearwater National Forests' North Central Idaho Resource Advisory Committee will meet Wednesday, May 4, 2005 in Whitebird, Idaho for a business meeting. The meeting is open to the public.

The Natural Resources Conservation Service (NRCS), has prepared an Environmental Assessment consistent with the National Environmental Policy Act of 1969, as amended. The Goshute Spring Range Improvement is a federally assisted action authorized for planning under Public Law 76-159 the Soil Conservation and Domestic Allotment Act, and federal financial assistance through the Enviromental Quality Incentives Program. An Environmental Assessment was undertaken in conjunction with the development of the conservation plan. This assessment was undertaken in conjunction with local, state, and federal agencies as well as the Goshute Tribal Government, and other interested parties and individuals. Upon review of the information in the Goshute Spring Range Improvement, the State Conservationist, NRCS, Utah, made a Finding of No Significant Impact (FONSI) and the determination was made that no environmental impact statement is required to support the Goshute Spring Range Improvement. 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 Goshute Spring Range Improvement, Goshute Reservation, Ibapah, Utah. Written comments regarding this action may be submitted to: Sylvia Gillen, State Conservationist, USDA/NRCS, Wallace F. Bennett Federal Building, 125 South State Street, Room 4402, Salt Lake City, UT 84138-1100. Comments must be received no later than 30 days after this notice is published.

We are amending the bovine tuberculosis regulations regarding State and zone classifications by raising the designation of California from modified accredited advanced to accredited-free. We have determined that California meets the criteria for designation as an accredited-free State.

The Cascade Ranger District of the Boise National Forest will prepare an environmental impact statement (EIS) for a resource management project in the Clear Creek drainage. The entire project area is located in watersheds that drain into Clear Creek, which in turn drains into the North Fork Payette River below Cascade Reservoir. The 11,056-acre project area is located 10 miles east of Cascade, Idaho, and about 120 miles north of Boise, Idaho. The agency invites written comments and suggestions on the scope of the analysis. The agency also hereby gives notice of the environmental analysis and decisionmaking process that will occur on the proposal so interested and affected people are aware of how they may participate and contribute to the final decision. At this time, no public meetings to discuss the project are planned. Proposed Action: Eight objectives have been identified for the project: (1) Relative to Douglas-fir beetle, mountain pine beetle, western pine beetle, western spruce budworm, and/or dwarf mistletoe, manipulate the structures, densities and compositions of stands to maintain a low or moderate susceptibility level, or to decrease susceptibility to a low or moderate level; (2) reduce fuel loads and ladder fuels through the use of prescribed fire where existing forest types indicate such an action could be accomplished without substantial mortality of the overstory trees, and where topographic features would make the use of prescribed fire a practical management action; (3) retain the existing size class of stands currently identified as large tree and manipulate the structure of small and medium tree size class stands to accelerate their movement toward the large tree size class; (4) reduce the densities of stands currently identified as large tree size class to maintain or restore canopy closures within desired conditions; (5) consistent with the particular habitat type, discriminate against shade-tolerant species such as grand fir and subalpine fir and encourage retention and recruitment of several species; (6) improve long-term stand growth to or near levels indicative of sustainable forests; (7) provide wood products to support local and regional economies; and (8) reduce management-induced sediment associated with roads 409, 405B, 405B2, 405C, 405D, and 417HX1. The Proposed Action would implement silvicultural activities, including thinning of submerchantable trees and prescribed fire, on 2,875 acres. An estimated 9.0 MMBF would be removed using tractor, off- road jammer, skyline, and helicopter yarding systems. The Proposed Action would employ a variety of silvicultrual prescriptions including commercial thin, commercial thin with prescribed fire, sanitation/ improvement, sanitation/improvement with prescribed fire, seed cut shelterwood, clearcut with reserve trees, thinning of submerchantable trees, thinning of submerchantable trees with prescribed fire, and prescribed fire. The Proposed Action would restore an estimated 0.8 mile of the 409 road through maintenance activities to reduce sedimentation. Specifically, gravel would be applied to the surface of the 409 road from near the 409/409D intersection to Clear Creek Summit. Roughly 1.6 miles of temporary road would be constructed to facilitate silvicultrual activities. An estimated 4.4 miles of existing road (405B, 405B2, 405C, 405D, and 417HX1) not needed for the long-term management of the area would be decommissioned to reduce future maintenance needs and to reduce sedimentation. These five roads would be removed from the transportation system. Preliminary Issues: Preliminary concerns with the Proposed Action include potential impacts on water quality and terrestrial wildlife species. Possible Alternatives to The Proposed Action: One alternative to the Proposed Action that has been discussed thus far is a no action alternative. Other alternatives will likely be developed as issues are identified and information received. Decisions To Be Made: The Boise National Forest Supervisor will decide the following: (1) Should vegetation be managed within the project area at this time, and if so, which stands should be treated and what silvicultural systems applied? (2) Should temporary roads be built at this time, and if so, how many miles should be built and where should they occur within the project area? (3) Should existing classified roads within the project area receive maintenance activities to reduce sedimentation, and if so, where within the project area? (4) Should portions of roads 405B, 405B2, 405C, 405D, and 417HX1 be decommissioned at this time? (5) Based on the completed Clear Prong Project Roads Analysis, which roads should be adopted as the minimum transportation system? (6) What design features and/or mitigation measures should be applied to the project?

The Department of Agriculture, Forest Service, hereby cancels a Notice of Intent (NOI) to prepare an environmental impact statement (EIS) for the proposed operation of a marble mine by Alpha Calcit Arizona, Limited. The NOI was published in the Federal Register on January 27, 2003 (Vol. 68, No. 17, FR 3856-3858). Preparation of this EIS is being terminated because there is presently insufficient data and information to characterize the mineral deposit in terms of quality and quantity and to sufficiently evaluate the proposed Plan of Operation.

The Mendocino County Resource Advisory Committee will meet April 29, 2005, (RAC), in Willits, California. Agenda items to be covered include: (1) Approval of minutes, (2) Public comment, (3) Sub- committees (4) Discussion/Approval of projects (5) Matters before the group-discussion/action (6) Next agenda and meeting date.

The Ochoco National Forest is preparing an environmental impact statement (EIS) to analyze the effects of changing grazing management in six allotments in the Maury Mountains. These six allotments are: Double Cabin, East Maury, West Maury, Klootchman, Sherwood, and Shotgun. The proposed action will alter livestock management to improve stream shade, bank stability, and livestock distribution. These actions are needed to promote the recovery of riparian vegetation which will provide stream shade and contribute to stream bank stability.

The USDA Forest Service, Monongahela National Forest intends to prepare an Environmental Impact Statement (EIS) to disclose the environmental consequences of authorizing an easement on National Forest System lands. In the EIS, the USDA Forest Service will address the potential environmental impacts of authorizing the use of an existing abandoned railroad grade to provide reasonable access to a landowner to private lands in the Blackwater Canyon area of Tucker County, West Virginia. See the SUPPLEMENTARY INFORMATION section for the Purpose and Need for this action.

This document recommends that the producer-handler definitions of the Pacific Northwest and the Arizona-Las Vegas milk marketing orders be amended to limit producer-handler status to those entities with route disposition of fluid milk products of less than three million pounds per month.

The Siskiyou County Resource Advisory Committee will meet in Yreka, California, April 18, 2005. The meeting will include routine business, a discussion of larger scale projects, and the review and recommendation for implementation of submitted project proposals.

This document adopts as a final rule, without change, an interim final rule concerning pooling provisions of the Pacific Northwest Federal milk order. More than the required number of producers for the Pacific Northwest marketing area approved the issuance of the final order amendments.

We are advising the public that the Animal and Plant Health Inspection Service will be holding two public scoping forums to promote further public involvement in the development of an environmental impact statement as part of our consideration of a petition received from Monsanto Company and The Scotts Company for a determination of nonregulated status for a glyphosate-tolerant creeping bentgrass (Agrostis stolonifera). The information received in response to this notice, as well as the information received previously, will be considered during development of an environmental impact statement prepared in accordance with the National Environmental Policy Act.

Grain Inspection, Packers and Stockyards Administration (GIPSA) announces designation of Global Grain Inspection Services, Inc. (Global), to provide official services under the United States Grain Standards Act, as amended (Act).

We are publishing a finding of no significant impact for a final rule concerning bovine spongiform encephalopathy minimal risk regions published January 4, 2005, and, based on that finding, we are affirming the provisions of the final rule. The finding of no significant impact is based on an environmental assessment that documented our review and analysis of potential environmental impacts associated with the final rule and our review of issues raised by the public regarding the environmental assessment. Together, the environmental assessment and our review of the issues raised provide a basis for our conclusion that the provisions of the final rule will not have a significant impact on the quality of the human environment and support our affirmation of the final rule.

Authority: The Forest Service is requesting this Revised Notice Of Intent be published pursuant to the Council on Environmental Quality implementing regulations of the National Environmental Policy Act at 40 CFR 1501.7. Need for Revision: On September 29, 2003, the Daniel Boone National Forest published a notice of intent to prepare an environmental impact statement in the Federal Register (Vol. 68, No. 188, pages 55934- 55935). The Project was entitled ``Development of Boat Ramp and Associated Structures at Caney Creek.'' The project included a proposal for development of a boat ramp, comfort station, access road, and associated infrastructure in the Caney Creek drainage on Cave Run Lake. Due to public input for the proposal, the Forest Service decided to revise the proposal and prepare an environmental impact statement that includes all reasonably foreseeable future developments at the Caney Site. The Caney Recreation Facilities Development proposal represents an expansion of the earlier proposal. Proposed Action: The Forest Service is proposing to allow construction of a boat ramp, lodge, cabins and marina within the area identified in the original recreational development plans for Cave Run Lake. Also included in the proposal will be an amendment to the Forest Plan. Decision to be Made: The Forest Supervisor will be the official responsible for making a decision on whether to allow development of recreational facilities and infrastructure in the Caney Site Project Area. If the Forest Supervisor determines that development is warranted, he will decide which facilities will be developed, where they will be located and where infrastructure will be located. He will decide which mitigation measures and monitoring requirements to include with the project. Finally, the Forest Supervisor will determine whether the Forest Land and Resource Management Plan will need to be amended. The Army Corps of Engineers (ACOE) will have a related decision concerning this project. The Responsible Official for the ACOE will decide whether or not to approve use of ACOE land for access to the proposed area. Scoping Process: Project descriptions were mailed to more than 90 individuals and groups on April 2, 2005. Date Comments Are Due: Comments concerning the scope of this analysis should be received by May 31, 2005. Lead Agency: USDA Forest Service, Daniel Boone National Forest. Cooperating Agency: Army Corps of Engineers, Louisville District. Responsible Officials: The Forest Supervisor for the Daniel Boone National Forest, located at 1700 Bypass Road, Winchester, KY 40391, is the responsible official for this proposed action for the Forest Service. The Commander and District Engineer for the Louisville District at PO Box 59, Louisville Kentucky 40201 is the responsible official for this proposed action for the Army Corps of Engineers.

We are deposting 21 stockyards. These facilities can no longer be used as stockyards and, therefore, are no longer required to be posted.