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

The USDA Forest Service, Chequamegon-Nicolet National Forest, Washburn, Ranger District intends to prepare an environmental impact statement (EIS) to disclose the environmental consequences of the ``Fishbone Project'' vegetation management proposal. In the EIS the Forest Service will address the potential environmental impacts associated with timber harvest (including clearcut harvest with reserve trees, shelterwood, and thinning), restoring small, open areas and ``pocket barrens'' as a component of the overall landscape, and providing a safe road system that meets the long term transportation needs. The Fishbone Project Area is approximately 22,000 acres in size and is located approximately 6 miles east of Iron River, Wisconsin.

In accordance with Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. Section 6(o) of the Food Stamp Act of 1977, as amended by Section 824 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, establishes a time limit for the receipt of food stamp benefits for certain able-bodied adults who are not working. The provision authorizes the Secretary of Agriculture, upon a State agency's request, to waive the provision for any group of individuals if the Secretary determines ``that the area in which the individuals reside has an unemployment rate of over 10 percent, or does not have a sufficient number of jobs to provide employment for the individuals.'' As required in the statute, in order to receive a waiver the State agency must submit sufficient supporting information so that the United States Department of Agriculture (USDA) can make the required determination as to the area's unemployment rate or sufficiency of available jobs. This collection of information is therefore necessary in order to obtain waivers of the food stamp time limit.

Kootenai and Idaho Panhandle National Forests here referred to as the Kootenai and Idaho Panhandle Zone (KIPZ) located in Lincoln, Sanders, and Flathead counties in Montana; Bonner, Boundary, Kootenai, Shoshone, Benewah, Latah and Clearwater counties in Idaho; and Pend Oreille county in Washington. A Notice of Intent to prepare an environmental impact statement to revise Land and Resource Management Plans was published in the Federal Register of April 30, 2002 (67 FR 21210). Kootenai and Idaho Panhandle Zone is adjusting the forest plan revision process from compliance with the 1982 land and resource management planning regulations to compliance with new regulations published in the Federal Register of January 5, 2005 (70 FR 1062). Public Involvement: Scheduled meetings and details of other public involvement and collaborative opportunities will be posed on the Kootenai and Idaho Panhandle (KIPZ) Web site, at www.fs.fed.us./kipz. People interested in getting on our mailing list should contact Jodi Kramer at (208) 765-7235, or e-mail at jodikramer@fs.fed.us.

The Ravalli County Resource Advisory Committee will be meeting to discuss 2005 projects, and hold a short public forum (question and answer session). The meeting is being held 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 meeting is open to the public.

The Rural Utilities Service (RUS) issues regulations to establish the Household Water Well System (HWWS) Program. This action establishes a grant program as authorized by Section 306E of the Consolidated Farm and Rural Development Act (CONACT). The HWWS Program will provide grants to private non-profit organizations, which, in turn, will use the funds to set up a loan program, making loans to eligible individuals for household water well systems. Eligible individuals may use the loans to construct, refurbish, and service individual household water well systems that they own or will own in rural areas. Additionally, the rule outlines the process by which applicants can apply for the program and describes how RUS will administer the grant program.

The Siuslaw Resource Advisory Committee will meet in Florence, OR. The purpose of the meeting is to Review RAC FY06 Business, Public Forum and 2006 Project Review/Recommendations.

The Agricultural Air Quality Task Force (AAQTF) will meet to continue discussions on critical air quality issues in relation to agriculture. Special emphasis will be placed on obtaining a greater understanding about the relationship between agricultural production and air quality.

The Secretary of Agriculture intends to renew the charter of the Advisory Committee on Beginning Farmers and Ranchers (Committee). The Committee provides advice to the Secretary on ways to encourage Federal and State beginning farmer programs to provide joint financing to beginning farmers and ranchers, and other methods of creating new farming and ranching opportunities. Nominations of persons to serve on the Committee are invited.

The Siskiyou County Resource Advisory Committee will meet in Yreka, California, May 16, 2005. The meeting will include routine business, a discussion of larger scale projects, and the recommendation for implementation of submitted project proposals.

This rule invites comments on modifications to the special purpose shipment regulations currently prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule would modify the reporting requirements, procedures, and safeguard provisions for making certain special purpose potato shipments. Under the marketing order, such special purpose shipments may be exempted from the quality, assessment, or inspection requirements. The changes include removal of the special purpose exemption for exported potatoes, clarify the reporting procedures for potatoes diverted to processing, and add safeguard provisions for shipments of seed potatoes and shipments to charitable organizations. These changes would help facilitate special purpose shipments, while enhancing the Committee's compliance program.

An Opal Creek Scenic Recreation Area Advisory Council meeting will convene in Stayton, Oregon on Wednesday, June 1, 2005. The meeting will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: Finalizing Results of Project Ranking Process and District Project Updates. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to the June 1st by sending them to Designated Federal Official Paul Matter at the address given below.

We are advising the public that the Animal and Plant Health Inspection Service has revised an environmental assessment for confined field tests of rice plants genetically engineered to express the protein lysozyme and has included information on an additional field test site. This environmental assessment is available for public review and comment.

The Rural Business-Cooperative Service (RBS) announces the availability of approximately $5.952 million in competing Rural Cooperative Development Grant (RCDG) funds for fiscal year (FY) 2005. Of this amount, up to $1.488 million will be reserved for applications that focus on assistance to small, minority producers through their cooperative businesses. This action will comply with legislation that authorizes grants for establishing and operating centers for rural cooperative development. The intended effect of this notice is to solicit applications for FY 2005 and award grants on or before September 15, 2005. The maximum award per grant is $300,000 and matching funds are required.

The Department of Agriculture, Forest Service has initiated the process to prepare an Environmental Impact Statement for the Canadian River Tamarisk Control Project on the Cibola National Forest, Kiowa National Grassland. The proposed action would restore the hydrologic function of the Canadian River by eradicating tamarisk (salt cedar) along the river corridor and tributaries, covering 16 miles (approximately 540 acres) that occur on Federal administrative lands. This proposal includes the use of a helicopter to aerially apply the herbicide imazapyr (common trade names Arsenal and Habitat) along with an approved surfactant and drift control agent, and/or use mechanical treatments and backpack sprayers to apply the same herbicide to cut stumps in designated areas. The objective is to eradicate tamarisk from this section of the Canadian River and promote the re-establishment of native riparian vegetation and habitat conditions for wildlife. Salt cedar has actively invaded the riparian area along the Canadian River, replacing native plants and wildlife. The Canadian River supplies irrigation water to thousands of acres of agriculture land, provides for recreational opportunities, and is home to several indigenous wildlife species. Tamarisk is listed by both the State of New Mexico Department of Agriculture and the Federal government as a noxious weed. The State of New Mexico has identified tamarisk as a species that is causing an ecological crisis in several river systems throughout the state, including the Canadian River. Land owners both above and below the National Grassland segment of the Canadian River are in the process of treating their lands to control tamarisk using the same types of treatment methods. This effort would be coordinated with those other treatment efforts within this watershed. Tamarisk is known to cause a change in ecological conditions that tend to eliminate native species and reduce water delivery, due to its ability to transpire large amounts of water during the growing season. Herbicide treatments have been shown to be an effective and efficient method for eradicating tamarisk and returning the riparian habitat to a healthy functioning ecosystem that is beneficial to both the biotic and human environments. The Canadian River Canyon has been identified as an inventoried roadless area. The Canadian River also has eligibility status as a scenic river under the Wild and Scenic Rivers Act, and outstanding remarkable values would be protected until a decision is made on the future use of the river and adjacent lands or until an action is taken by Congress to designate the river as such.

The Department of Agriculture is revising Subpart B of Title 36, Code of Federal Regulations, Protection of Inventoried Roadless Areas, by adopting a new rule that establishes a petitioning process that will provide Governors an opportunity to seek establishment of or adjustment to management requirements for National Forest System inventoried roadless areas within their States. The opportunity for submitting State petitions is available for 18 months following the effective date of this final rule. Under this final rule, submission of a petition is strictly voluntary, and management requirements for inventoried roadless areas would be guided by individual land management plans until and unless these management requirements are changed through a State-specific rulemaking. Elsewhere in this part of today's Federal Register, the Department is announcing the establishment of a national advisory committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App. II) to assist the Secretary with the implementation of this rule. The preamble of this rule includes a discussion of the public comments received on the proposed rule published July 16, 2004 (69 FR 42636) and the Department's responses to the comments.

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, May 16th, 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 draft public announcement for a call for project proposals on the Sierra National Forest.

We are amending the administrative regulations of the Office of the Secretary of Agriculture to provide that the rules of practice contained in those regulations shall be applicable to all adjudicatory proceedings under the license denial and termination provisions of the Animal Welfare Act (AWA) regulations. The AWA regulations provide that a person whose license application has been denied or whose license has been terminated may request a hearing in accordance with the applicable rules of practice for the purpose of showing why the application for license should not be denied or the license should not be terminated. This final rule is necessary to clarify the rules of practice that will apply to such hearings.

Bureau of Land Management and U.S. Forest service jointly published notice in the Federal Register, March 22, 2005, listing an incorrect expiration date.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Escherichia Coli Vaccine, Live Culture for use in chickens. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment, and that an environmental impact statement need not be prepared. We intend to authorize shipment of this vaccine for field testing following the close of the comment period for this notice unless new substantial issues bearing on the effects of this action are brought to our attention. We also intend to issue a U.S. Veterinary Biological Product license for this vaccine, provided the field test data support the conclusions of the environmental assessment and the issuance of a finding of no significant impact and the product meets all other requirements for licensing.

The Food Safety and Inspection Service (FSIS) is proposing to add Chile to the list of countries eligible to export meat and meat products to the United States. Reviews by FSIS of Chile's laws, regulations, and other materials show that its meat inspection system includes requirements equivalent to all provisions in the Federal Meat Inspection Act (FMIA) and its implementing regulations. Although a foreign country may be listed as eligible to export meat and meat products, products from that country must also comply with all other U.S. requirements, including those of the U.S. Customs Service and the restrictions under Title 9, part 94 of the Animal and Plant Health Inspection Service (APHIS) regulations that relate to the importation of meat and meat products from foreign countries into the United States. FSIS and APHIS work closely together to ensure that meat and meat products imported into the United States comply with the regulatory requirements of both agencies. Under this proposal, meat and meat products processed in certified Chilean establishments may be exported to the United States. All such products will be subject to re-inspection at United States ports-of- entry by FSIS inspectors.

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 Lolo and Kootenai National Forests' Sanders County Resource Advisory Committee will meet on May 13, 2005 at 1 p.m. in Trout Creek, Montana for a business meeting. The meeting is open to the public.

We are giving notice that the Secretary of Agriculture has renewed the National Wildlife Services Advisory Committee for a 2-year period. The Secretary has determined that the Committee is necessary and in the public interest.