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

The Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending regulations under the United States Grain Standards Act (USGSA) to waive the mandatory inspection and weighing requirements of the Act for high quality specialty grains exported in containers. GIPSA is establishing this waiver to facilitate the marketing of high quality specialty grains exported in containers. This action is consistent with the objectives of the USGSA. This action will facilitate the continuing development of the high quality specialty export market. This waiver will be in effect for a maximum of 5 years, and if after this time period GIPSA determines that this waiver continues to advance the objectives of the USGSA, GIPSA will consider making this waiver permanent.

The Rogue/Umpqua Resource Advisory Committee (RAC) will meet on Thursday and Friday, May 19 and 20, 2005. The purpose of the meeting is monitor RAC projects through fieldtrips. The fieldtrip is scheduled to begin at 9 a.m. and conclude at approximately 4 p.m. on May 19 and begin at 9 a.m. and conclude at approximately 4 p.m. on May 20. The May 19 fiedltrip will be held on the Cottage Grove Ranger District, 78405 Cedar Park Road, Cottage Grove, OR. On May 20, the fieldtrip will be held on the Tiller Ranger District, 27812 Tiller Trail Highway, Tiller, OR. The agenda on both days includes a short business meeting from 9 to 9:30 a.m. to discuss RAC projects and funding, followed by monitoring RAC projects on the district. Public comments are welcome between 9 to 9:30 a.m. Written public comments may be submitted prior to the May fieldtrip by sending them to Designated Federal Official Jim Caplan at the address given below.

Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Lassen National Forest's Lassen County Resource Advisory Committee will meet Thursday, May 12, 2005, at the Lassen National Forest Supervisor's Office, 2550 Riverside Drive, Susanville, California for a business meeting. The meeting is open to the public.

The Forest Service will prepare an environmental impact statement (EIS) to analyze and disclose the environmental effects of proposed activities within the three OHV Study project areas. The three OHV Study project areas are located on National Forest System lands administered by the Potosi/Fredericktown and Poplar Bluff Ranger Districts is southeast Missouri. The legal descriptions of the three study areas are as follows: Palmer Study AreaThis study area would be located on the Potosi Unit of the Potosi/Fredericktown Ranger District in Washington County, approximately 12 miles southwest of Potosi, Missouri. This trail system would be managed for a variety of motorized vehicles, including jeeps and dune buggies. Trailheads and parking areas would also be constructed at some locations. Cherokee Pass Study AreaThis study area would be located on the Fredericktown Unit of the Potosi/Fredericktown Ranger District in Madison County, approximately seven miles south of Fredericktown, Missouri. This trail system would be managed for ATV and equestrian use. Other motorized vehicles such as motorcycles, jeeps, and dune buggies, would not be allowed. Trailheads and parking areas would also be constructed at some locations. Blackwell Ridge Study AreaThis study area would be located on the Poplar Bluff Ranger District in Wayne County, approximately 1\1/2\ mile north of Williamsville, Missouri. This trail system would be managed for ATV and motorcycles. Other motorized four-wheel drive vehicles, jeeps, and dune buggies, would not be allowed. Trailheads and parking areas would also be constructed at some locations. The primary purpose of this project is to study OHV use and users to guide future management options on OHV trail opportunities and use. This study will also evaluate equipment impacts to natural resources. Social impacts, such as customer satisfaction, demographics of trail users, and compatibility between trail users, would also be studied. The Mark Twain National Forest needs to determine if designating more motorized trails can be done in a manner that not only provides for this recreational use, but also addresses environmental concerns. It is hoped that by providing additional designated OHV trails, OHV users would avoid undesignated roads and trails and, thereby, the overall environmental damage from unauthorized use can be reduced. Observations by OHV managers locally and from other states indicate that when OHV riders have designated areas to ride, they are more likely to stay on designated routes. Therefore, the OHV customer, the resource manager, and the environment should all benefit from this study. Resource managers would be able to direct OHV customers to a designated trail system where impacts are confined, minimized, evaluated, monitored, and mitigated. With this study, OHV customers would know they are in an area where they can legally ride in a setting they enjoy. The Forest Service can promote responsible OHV use, better communicate with this forest user group, promote local partnerships for conservation education and OHV trail maintenance, and evaluate resource and social impacts. The focus of this study is to evaluate OHV use in three separate study locations and publish an evaluation of what is learned. The results of this study would be used to guide future management decisions on OHV trail management here and elsewhere in the National Forest System. At the end of the study period, unless the study is modified or terminated early, a separate decision, following the National Environmental Policy Act process, would be made as to whether or not to designate all, part, or none of the three areas as permanent OHV trails. The data collected from this study and other ongoing national studies would be used to corroborate and assist in making that decision.

We are holding a public meeting to solicit comments on the development of a national strategy concerning the use of vaccines in State/Federal/industry programs for the control of brucellosis, pseudorabies, and other program diseases.

The Chugach National Forest will prepare an environmental impact statement (EIS) for developing the Kenai winter access management plan on the Seward Ranger District. The objective of the Kenai winter access management plan is to respond to the public's need for high quality winter recreation opportunities and access in the planning area that best meets the needs of past, present and future users of the area and surrounding areas.

We are proposing to amend the regulations governing the importation of plants and plant products to add Christmas cactus, Schlumbergera spp., and Easter cactus, Rhipsalidopsis spp., from the Netherlands and Denmark to the list of plants that may be imported in an approved growing medium subject to specified growing, inspection, and certification requirements. We are taking this action in response to requests from the Netherlands and Denmark and after determining that Christmas cactus and Easter cactus established in growing media can be imported without resulting in the introduction into the United States or the dissemination within the United States of a plant pest or noxious weed. The proposed change would allow Christmas cactus and Easter cactus established in growing media to be imported into the United States from the Netherlands and Denmark under certain conditions.

This rule would increase the assessment rate established for the Avocado Administrative Committee (Committee) for the 2005-06 and subsequent fiscal years from $0.20 to $0.27 per 55-pound bushel container or equivalent of avocados handled. The Committee locally administers the marketing order which regulates the handling of avocados grown in South Florida. Authorization to assess avocado handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal year began April 1 and ends March 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Agricultural Marketing Service (AMS) is proposing to raise user fees for cotton producers for 2005 crop cotton classification services under the Cotton Statistics and Estimates Act. The 2004 user fee for this classification service was $1.65 per bale. This proposal would raise the fee for the 2005 crop to $1.85 per bale with the program. The proposed fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Globe Artichokes. At a 2003 meeting with the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable grade standards for usefulness in serving the industry. As a result, AMS has identified that the standard may need to be revised to reflect current marketing practices. AMS is seeking comments regarding any revisions that may be necessary to better serve the industry.

We are amending the Asian longhorned beetle regulations by removing portions of Cook and DuPage Counties, IL, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian longhorned beetle no longer presents a risk of spread from those areas and that the quarantine and restrictions are no longer necessary.

This rule relaxes the minimum size requirement for all U.S. No. 2 grade non-red round potatoes handled under the marketing order for Idaho-Eastern Oregon potatoes to 1\7/8\ inches minimum diameter. This relaxation in the handling regulations was unanimously recommended by the Idaho-Eastern Oregon Potato Committee (Committee), the agency responsible for local administration of the marketing order program in the designated production area. This change is intended to improve the marketing of Idaho-Eastern Oregon potatoes and increase returns to producers.

The Forest Service will prepare an environmental impact statement on a proposal of ecosystem management in the Bussel 484 Project Area, which is approximately 14,600 acres in size. Opportunities were developed through a comparison of existing project are conditions with desired future conditions for all the resources in the project area. The proposed action was developed utilizing the Idaho Panhandle Forests Forest Plan, a roads analysis, an ecosystem assessment at the watershed scale, findings from the St. Joe Geographic Assessment and the Upper Columbia River Basin Assessment, the National Fire Plan along with trends observewd by interdisciplinary specialists conducting on-the-ground assessments.

The North Mt. Baker-Snoqualmie Resource Advisory Committee (RAC) will meet on Thursday, May 12, 2005 at the Mt. Baker Ranger District office, 810 State Route 20, Sedro Woolley, WA, and on Friday, May 20, 2005 at the Whatcom County Parks and Recreation Department Conference Room, 3373 Mt. Baker Highway, Bellingham, WA. Both meetings will begin at 9 a.m. The purpose of the first meeting will be to (1) elect a new RAC Chairperson, (2) discuss a Charter, and (3) begin review of proposed projects for 2006. The second meeting will (1) finish the review of proposed projects for 2006 and (2) conduct committee member voting on proposed projects. All North Mt. Baker-Snoqualmie Resource Advisory Committee meetings are open to the public. Interested citizens are encouraged to attend. The North Mt. Baker-Snoqualmie Resource Advisory Committee advises Whatcom and Skagit Counties on projects, reviews project proposals, and makes recommendations to the appropriate USDA official for projects to be funded by Title II dollars. The North Mt. Baker-Snoqualmie Resource Advisory Committee was established to carry out the requirements of the Secure Rural Schools and Community Self-Determination Act.

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.

The USDA Forest Service will prepare a Supplemental Environmental Impact Statement (SEIS) for the Mission Brush project. The Notice of Availability of the Draft EIS for the Mission Brush project was published in the Federal Register (68 FR 53730) on September 12, 2003 and the notice of the Final EIS (69 FR 31613) was published on June 4, 2004. The Record of Decision on this project was administratively appealed to the Regional Forester per 36 CFR part 215. The Regional Forester affirmed my decision on August 30, 2004. However, due to information that has been identified since the availability of the final EIS and ROD, I have determined the need for a supplement. The proposed action is unchanged from the final EIS. A Supplemental EIS is being prepared to address analysis issues raised through the recent opinion issued through the U.S. Court of Appeals for the Ninth Circuit in Lands Council v. Powell, 395 F.3d 1015-1046 (9th Cir. 2005).

This notice announces that a referendum will be conducted by mail during the period May 9-13, 2005, for producers of all kinds of tobacco who sold their tobacco at auction on designated markets in 2004/05. The referendum is being conducted to determine if the designation of all existing tobacco auction markets should be terminated, thus eliminating the requirement for mandatory, federal inspection and grading for the 2005 and succeeding crop years.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule changing the assessment collection requirements prescribed under the Vidalia onion marketing order (order). The order regulates the handling of Vidalia onions grown in Georgia and is administered locally by the Vidalia Onion Committee (Committee). This rule continues in effect the action that allows handlers to mail their assessment payments to the Committee office without incurring late payment penalties as long as the payment is postmarked on or before the due date. Prior to this change, assessment payments received in the Committee office later than 4 p.m. on the Tuesday following the week in which shipments were made were subject to late payment penalties.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Bunched Italian Sprouting Broccoli. At a 2003 meeting with the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable grade standards for usefulness in serving the industry. As a result, AMS has identified broccoli crowns and florets for possible inclusion into the standards. Additionally, AMS is seeking comments regarding any other revisions of the broccoli grade standards that may be necessary to better serve the industry.

The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, is amending its regulations regarding RUS Bulletin 50-3, Specifications Drawings for 12.5/7.2 kV Line Construction. This bulletin is currently incorporated by reference in RUS regulations and the revised and renumbered RUS Bulletin 1728F-804 would continue to be incorporated by reference. This rule is necessary to provide the latest RUS specifications, materials, equipment, and construction methods for RUS electric borrowers to construct their rural overhead electric distribution systems. RUS proposes to update, renumber and reformat this bulletin in accordance with the agency's new publications and directives system.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection activity, the National Chronic Wasting Disease 2005 Study.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969; the Council on Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture gives notice that an environmental impact statement (EIS) is being prepared for West Tarkio Watershed, Page and Montgomery Counties, Iowa and Atchison County, Missouri.

The Deschutes and Ochoco National Forests Resource Advisory Committee will meet in Redmond, Oregon. The purpose of the meeting is to receive natural resource projects that will be reviewed and recommended, discuss the Committee's project guidelines and decisionmaking priorities, review bylaws, elect a Chair and discuss reports related to the work of the Committee under Title II of the Secure Rural Schools and Community Self-Determination Act of 2000.

Notice is hereby given of the intention of NRCS to issue 11 new or revised conservation practice standards in its National Handbook of Conservation Practices. These standards include: Alley Cropping (Code 311), Prescribed Burning (Code 338), Multistory Cropping (Code 379), Windbreak-Shelterbelt Establishment (Code 380), Riparian Forest Buffer (Code 391), Tree-Shrub Site Preparation (Code 490), Tree-Shrub Establishment (Code 612), Windbreak-Shelterbelt Renovation (Code 650), Forest Trails and Landings (Code 655), Tree-Shrub Pruning (Code 660), and Forest Stand Improvement (Code 666). NRCS State Conservationists who choose to adopt these practices for use within their States will incorporate them into Section IV of their respective electronic Field Office Technical Guides. These practices may be used in conservation systems that treat highly erodible land or on land determined to be wetland.