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

The National Advisory Committee on Meat and Poultry Inspection (NACMPI) will hold a public meeting on June 16-17, 2005, to review and discuss the following issues: (1) How can FSIS best share information on new technology with small and very small plants? (2) What guidance can be provided to industry to ensure that plants hold product when FSIS tests product for an adulterant? (3) How can risk based sampling most effectively be conducted in small and very small plants? Three subcommittees will also meet on June 16-17, 2005, to work on the issues discussed during the full committee session.

The Hood/Willamette Resource Advisory Committee (RAC) will meet on Wednesday, June 22, 2005. The meeting is schedule to begin at 9 a.m. and will conclude at approximately 3 p.m. The meeting will be held at the Oregon Department of Forestry State Office, Building D; 2600 State Street; Salem, Oregon; (503) 945-7207. The tentative agenda includes: (1) Recommendations on 2006 Projects; and (2) Public Forum. The Public Forum is tentatively scheduled to begin at 9:30 a.m. Time allotted for individual presentations will be limited to 3-4 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits for the Public Forum. Written comments may be submitted prior to the June 22nd meeting by sending them to Designated Federal Official Donna Short at the address given below.

The Forest Service will prepare an environmental impact statement on a proposal to implement multiple resource management actions within the Dean Area as directed by the Black Hills National Forest Land and Resource Management Plan. The Dean Project Area covers about 12,468 acres of National Forest System land and about 2,256 acres of interspersed private land within the Redwater Creek watershed directly north of Sundance, Wyoming. Proposed actions would modify the structure of forest stands across the planning area to reduce fuel loads, potential for uncharacteristically intense wildfire behavior, and risk of insect outbreaks; provide for diverse wildlife habitat and restore hardwood; and provide a mix of motorized and non-motorized use opportunities. This revised Notice of Intent is being issued because of a change in the designated responsible official.

This document amends the delegations of authority from the Secretary of Agriculture in order to reflect the Secretary's designation of the General Counsel as the Department official responsible for delegating the authority to other Department heads for considering, ascertaining, adjusting, determining, compromising, and settling, pursuant to the Federal Tort Claims Act (FTCA) and regulations of the Attorney General, claims less than $2500 that allege the negligence or wrongful act of an employee of a certain agency.

This rule invites comments on revisions to the Certificate of Privilege (COP) requirements currently prescribed under the Florida tomato marketing order (order). The order regulates the handling of tomatoes grown in Florida and is administered locally by the Florida Tomato Committee (Committee). This rule would require those interested in receiving Florida tomatoes shipped under a COP to apply to the Committee to become an approved receiver. This rule would also clarify the definitions for processing and pickling as used in the rules and regulations under the order. These changes would assist the Committee in assuring that COP tomatoes are disposed of into COP outlets.

The Pike and San Isabel National Forests, Cimarron and Comanche National Grasslands will transition to the 2004 Planning Rule while revising the Land and Resource Management Plan.

The Food Safety and Inspection Service (FSIS) is publishing this notice to inform establishments that produce mechanically tenderized beef products that their next annual HACCP plan reassessment for these products must take into account the fact that there have been three relatively recent Escherichia coli (E. coli) O157:H7 outbreaks associated with consumption of mechanically tenderized beef. This requirement applies to HACCP plan reassessments for raw and cooked mechanically tenderized beef products, including such products that are injected with marinade (or ``enhanced'' products). One outbreak that was associated with consumption of mechanically tenderized beef occurred in August 2000, one in June 2003, and one in August 2004. The occurrence of these outbreaks represents a change that would affect the hazard analysis and could alter the HACCP plans of establishments that produce mechanically tenderized beef products. Therefore, establishments that produce such products should consider the significance of the outbreaks and ensure that their HACCP plans adequately address relevant biological hazards, particularly E. coli O157:H7. If an establishment that produces mechanically tenderized beef products has already considered the significance of the three outbreaks as part of a HACCP plan reassessment, it need not repeat this effort. An establishment that has already conducted its 2005 reassessment for mechanically tenderized beef products and has not yet considered the significance of the three outbreaks as part of a HACCP plan reassessment should do so as part of its 2006 annual HACCP plan reassessment. FSIS invites comments on this notice.

This regulation sets forth the terms and conditions of the 2003/2004 American Indian Livestock Feed Program (AILFP). Assistance will be available to eligible livestock producers for livestock feed crop years 2003 or 2004 whose eligible livestock occupied tribal- governed land at the time of a natural disaster in an area where a significant loss of livestock feed has occurred, creating a livestock feed emergency, as determined by the Commodity Credit Corporation (CCC). Eligible producers can receive benefits for livestock feed crop year 2003, or 2004, but not both. Eligible tribal-governed land must be located in a primary county or counties that have received an emergency declaration by the President or emergency designation by the Secretary of Agriculture on or after January 1, 2003, for losses occurring in calendar year 2003, or calendar year 2004. Although the Presidential declarations and Secretarial designations were issued for natural disasters in those calendar years, tribal governments may request an initial 90-day feeding period and up to three 90-day extensions that extend from the beginning of a livestock feed crop year, to the end of that same livestock feed crop year. Further, livestock owners who sold eligible livestock as a direct result of natural disaster shall report those livestock as owned through the end of the production year (livestock feed crop year) in order to mitigate the livestock owner's losses. This rule is intended to implement legislation and assist affected producers in overcoming the effects of drought. In addition, this rule provides technical revisions for the Livestock Assistance Program regulations.

The Rural Housing Service (RHS) announces it is soliciting competitive applications under its Technical and Supervisory Assistance (TSA) grant program. Grants will be awarded to eligible applicant organizations to conduct programs of technical and supervisory assistance for low-income rural residents to obtain and/or maintain occupancy of adequate housing.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, the provisions of three interim final rules that increased the quantity of Class 3 (Native) spearmint oil produced in the Far West that handlers may purchase from, or handle for, producers during the 2004-2005 marketing year. This rule continues in effect the actions that increased the Native spearmint oil salable quantity by an additional 580,024 pounds from 773,474 pounds to 1,353,498 pounds, and the allotment percentage by an additional 27 percent from 36 percent to 63 percent. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, unanimously recommended this rule to avoid extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.

In response to Federal District Judge Adelman's March 31, 2005 order regarding the ``McCaslin'' environmental impact statement and Record of Decision, I am preparing a Supplement to the September 2003 ``McCaslin Project'' Final Environmental Impact Statement. Consistent with the Court's findings, this supplement will clarify and add more detail to the cumulative effects regarding analysis area boundaries and other activities as they relate to specific Regional Forester Sensitive Species that may be affected by the actions considered in the original Environmental Impact Statement.

The Grand Mesa, Uncompahgre, and Gunnison National Forests (GMUG) will exercise its option to adjust its land management plan revision process from compliance with the 1982 planning regulations, to conformance with new planning regulations adopted in January 2005. This adjustment will have the following effects: 1. The new rule redefines forest plans to be more strategic and flexible to better facilitate adaptive management and public collaboration. 2. The new rule focuses more on the goals of ecological, social, and economic sustainability and less on prescriptive means of producing goods and services. 3. The Responsible Official who will approve the final plan will now be the Forest Supervisor instead of the Regional Forester. 4. The GMUG will establish an environmental management system (per ISO 14001:2004(E)) prior to completion of the revised forest plan. 5. Upon completion of final rulemaking, the planning and decision- making process may be categorically excluded from analysis and documentation in an environmental impact statement and record of decision (see draft rule at 70 FR 1062, January 5, 2005. 6. The emphasis on public involvement will shift from public comment on a range of alternative plans, to an iterative public-Forest Service collaboration process intended to yield a single broadly supported plan. 7. Administrative review has changed from a post-decision appeals process to a pre-decision objection process. Public Involvement: There has been a great deal of public participation and collaborative work on this planning process over the past few years, including more than 60 public meetings. Results of this work and a detailed proposed action are available for review and comment. Current information and details of upcoming public participation opportunities are posted on our Web site: https:// www.fs.fed.us/r2/gmug/policy/planrev/.Contact Anne Janik at (970) 874-6637, or e-mail at, ajanik@fs.fed.us to be placed on our mailing list.

The Arapaho and Roosevelt National Forests and Pawnee National Grassland (Forest) is proposing to reissue a special use authorization in the form of an easement to Water Supply and Storage Company of Fort Collins, Colorado for Long Draw Reservoir and Dam to occupy National Forest System (NFS) lands. The authorization would allow for use of approximately 54 acres of NFS land surrounding a United States Department of Interior Easement, the occupancy of which resulted from a 1975 expansion of the original reservoir. The facility stores and releases water as part of a network of water facilities.

The Olympic Peninsula Resource Advisory Committee will meet on Thursday, June 16, 2005. The meeting will be held at the PUD Auditorium, 307 West Cota Street, Shelton, Washington. The meeting will begin at 9:30 a.m. and end at approximately 3:30 p.m. Agenda topics are: Approval of prior meeting minutes; approval of by-laws; update on prior-year Title III projects; update of national RAC training meeting; update on prior year Title II projects; review project proposals; select projects for recommendation for approval; and public comments. All Olympic Peninsula Resource Advisory Committee Meetings are open to the public. Interested citizens are encouraged to attend.

In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, this final rule adjusts civil monetary penalties imposed by agencies within USDA to incorporate an inflation adjustment.

In accordance with the Federal Advisory Committee Act, the United States Department of Agriculture announces solicitation for nominations of individuals to fill 10 vacancies on the National Agricultural Research, Extension, Education, and Economics Advisory Board (the Board). A nomination letter should be submitted to USDA and indicate the specific membership category or categories that the nominee is qualified to represent. Each nominee must fill out an AD-755 Form, called ``Advisory Committee Membership Background Information.'' This form may be obtained from the contact person below or may be printed out from the following Web site: https://www.nareeeab.com by selecting ``Nominations'' and then clicking on ``Form AD-755.'' All nominees will be vetted before consideration for appointment by the Secretary of Agriculture.

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations (5 CFR part 1320) which implement the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), this notice announces the Cooperative State Research, Education, and Extension Services (CSREES) intention to request approval to extend the currently approved information collection for Children, Youth, and Families at Risk (CYFAR).

This document recommends adoption of provisions that would expand the Appalachian milk marketing area, eliminate the ability to simultaneously pool the same milk on the Appalachian or Southeast order and a State-operated milk order that has marketwide pooling, and amend the transportation credit provisions of the Southeast and Appalachian orders. This decision does not recommend adopting a proposal that would merge the Appalachian and Southeast milk marketing areas and a proposal that would create a ``Mississippi Valley'' marketing order. Proposals regarding the producer-handler provisions of the Appalachian and Southeast orders will be addressed in a separate decision.

The Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) (we, our, the agencies) are proposing to establish a set of general principles for food standards. The adherence to these principles will result in standards that will better promote honesty and fair dealing in the interest of consumers and protect the public, allow for technological advances in food production, be consistent with international food standards to the extent feasible, and be clear, simple, and easy to use for both manufacturers and the agencies that enforce compliance with the standards. The proposed general principles will establish the criteria that the agencies will use in considering whether a petition to establish, revise, or eliminate a food standard will be the basis for a proposed rule. In addition, each agency may propose to establish, revise, or eliminate a food standard on its own initiative or may propose revisions to a food standard in addition to those a petitioner has requested. These proposed general principles are the agencies' first step in instituting a process to modernize their standards of identity (and any accompanying standards of quality and fill of container) and standards of composition.

We are extending the comment period for our notice of availability of a Draft Strategic Plan and a Draft Program Standards document for the National Animal Identification System. This action will allow interested persons additional time to prepare and submit comments.

We are proposing to amend the regulations regarding the importation of wheat and related articles by removing the prohibitions related to flag smut. Based on a number of considerations, we have concluded that U.S. wheat would not be at risk if those prohibitions were removed. We would, however, continue to prohibit the importation of wheat and related articles from flag smut-affected countries until a risk evaluation can be completed to ensure that those articles do not introduce other plant pests. This action would remove flag smut-related prohibitions that no longer appear to be necessary while continuing to provide protection against other potential pests or diseases of wheat.