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

We are advising the public that we are finalizing, with minor changes, a draft document that had been prepared by the Animal and Plant Health Inspection Service to identify the smallest administrative jurisdictions within 11 Member States of the European Union that we would consider ``regions'' in the event of future animal disease outbreaks. The draft document referred to these jurisdictions as ``administrative units'' and also reevaluated the administrative units already identified for Italy.

The Forest Service is amending Forest Service Handbook 1509.12 to provide guidance to employees for processing appeals covered under Title 36, Code of Federal Regulations, part 215, involving projects or activities implementing land and resource management plans on National Forest System lands. The handbook provides direction on the authority, objectives, policies, and responsibilities of line officers and direction to field personnel on how to set up a notice and comment period, receive and record comments, provide information on decision notification, calculate appeal filing and time periods, process and dispose of an appeal, and instructions regarding the content and management of appeal records. This amendment is issued as amendment number 1509.12-2005-1 to FSH 1509.12.

This proposed rule would amend the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect one recommendation submitted to the Secretary by the National Organic Standards Board (NOSB). Consistent with the recommendation from the NOSB, this proposed rule would revise the annotation of one substance on the National List, Methionine, to extend its use in organic poultry production until October 21, 2008.

The National Forests in Mississippi elects 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 revised forest plan will consist of five components organized into three main parts or sections, making it more strategic and flexible (36 CFR part 219). (2) The Responsible Official who approves the final plan will be the Forest Supervisor instead of the Regional Forester (36 CFR 219.2). (3) The National Forests in Mississippi will establish an environmental management system simultaneously with completion of the revised forest plan (36 CFR 219.5). (4) The National Forests in Mississippi will prepare a comprehensive evaluation for plan revision in conjunction with development of the revised plan (36 CFR 219.6). (5) Pending 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) Administrative review will consist of a pre-decision objection process (36 CFR 219.13).

The Natural Resources Conservation Service (NRCS), has prepared an Environmental Assessment in compliance with the National Environmental Policy Act (NEPA), as amended, the implementing regulations for NEPA (40 CFR parts 1500-1508), and NRCS policy. The St. George and Washington Canal Washington Fields Pipeline Project is a federally assisted action authorized as a Congressional Earmark under the Consolidated Appropriations Act, 2004. The Environmental Assessment was developed in coordination with the Washington County Water Conservancy District and the Bureau of Land Management. Upon review of the Environmental Assessment, the State Conservationist for 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 project. 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 St. George and Washington Canal Washington Fields Pipeline Project. 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.

This rule adds a provision to the Child and Adult Care Food Program (CACFP) regulations that authorizes for-profit centers providing child care or outside-school-hours care to participate based on the income eligibility of 25 percent of children in care for free or reduced price meals. This provision, which has been available nationwide on an interim basis through annual appropriation acts since December 2000, was permanently established by the Child Nutrition and WIC Reauthorization Act of 2004. This rule permits the ongoing participation of for-profit centers in the CACFP based on the income eligibility of children in care for free or reduced price meals.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, this notice announces an invitation from the Office of the Secretary of Agriculture for nominations to the Advisory Committee on Agriculture Statistics. On November 24, 2004, the Secretary of Agriculture renewed the Advisory Committee charter for another 2 years. The purpose of the Committee is to advise the Secretary of Agriculture on the scope, timing, content, etc., of the periodic censuses and surveys of agriculture, other related surveys, and the types of information to obtain from respondents concerning agriculture. The Committee also prepares recommendations regarding the content of agriculture reports and presents the views and needs for data of major suppliers and users of agriculture statistics.

This tentative partial decision adopts on an interim final and emergency basis proposals that would amend certain features of the pooling standards of the Mideast milk marketing order. Specifically, this decision will: (1) Prohibit the ability to simultaneously pool the same milk on the Mideast Federal milk order and on a marketwide equalization pool administered by another government entity; (2) lower the diversion limit standards; and (3) increase the performance standards for supply plants. A separate decision will be issued that will address proposals to deter the de-pooling of milk, adopt transportation credits and clarify the Producer definition of the order. This decision requires determining if producers approve the issuance of the amended order on an interim basis.

In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS) is announcing a forthcoming meeting of the National Organic Standards Board (NOSB).

The National Sheep Industry Improvement Center (NSIIC) announces the availability of approximately $300,000 in competitive grants for product or business development, producer information or education, marketing and promotion for sheep or goats or their products, genetic retention, and animal health. Eligible applicants, including many business structures but excluding individuals (see section III), may apply for up to $50,000 in Federal Funds per proposal. The intent is to fund a variety of proposals that will benefit the U.S. sheep and goat industries.

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 an extension for and revision to a currently approved information collection for the Regulations Governing the Inspection and Grading of Manufactured or Processed Dairy ProductsRecordkeeping (Subpart B).

This rule establishes procedures for exempting handlers from quality requirements, including maximum limits for quality defects and minimum size, prescribed under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (Committee). These procedures will be used by the Committee in considering handler requests for exemptions from minimum quality testing requirements and when considering revocations of such exemptions. Additionally, this rule establishes an appeals process for handlers who have been denied an exemption or had an approved exemption revoked.

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.

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 an extension for a currently approved information collection for Fruit and Vegetable Market News.

On September 5, 2003, a Notice of Intent (NOI) to prepare an environmental impact statement (EIS) for the Buckhorn Mountain Project, a Supplement to the final environmental impact statement for the Crown Jewel Mine was published in the Federal Register (68 FR 52736). The Forest Service has decided to cancel the preparation of this EIS. The NOI is hereby rescinded.

We are advising the public of our determination that cotton designated as transformation Event COT102, which has been genetically engineered for insect resistance, is no longer considered a regulated article under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Syngenta Seeds, Inc., in its petition for a determination of nonregulated status, our analysis of other scientific data, and comments received from the public in response to a previous notice. This notice also announces the availability of our written determination and our finding of no significant impact.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which increased the assessment rate and changed the assessable unit established for the Vidalia Onion Committee (Committee) for the 2005 and subsequent fiscal periods from $0.12 per 50-pound bag or equivalent to $0.10 per 40-pound carton of Vidalia onions. The assessment rate of $0.10 per 40-pound carton is $0.0001 per pound more than the assessment rate previously in effect. The Committee locally administers the marketing order which regulates the handling of Vidalia onions grown in Georgia. Authorization to assess Vidalia onion handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Forest Service has issued two (2) interim directives (IDs) to Forest Service Handbook 2209.13 establishing procedures and responsibilities for administering term grazing permits and grazing agreements (a specific type of term grazing permit). The intended effect of issuance of these IDs is to provide consistent overall guidance to Forest Service employees regarding term grazing permits and grazing agreements. The IDs add new provisions for administering term grazing permits and establish a consistent process regarding issuance of grazing agreements. The regulations at 36 CFR part 222 are not being changed. Public comment is invited and will be considered in development of the final direction.

This notice announces the annual adjustments to the national average payment rates for meals and supplements served in child care centers, outside-school-hours care centers, at-risk afterschool care centers, and adult day care centers; the food service payment rates for meals and supplements served in day care homes; and the administrative reimbursement rates for sponsoring organizations of day care homes, to reflect changes in the Consumer Price Index. Further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii. The adjustments contained in this notice are made on an annual basis each July, as required by the statutes and regulations governing the Child and Adult Care Food Program (CACFP).

This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2006 (July 1, 2005 through June 30, 2006) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP). It also announces the national average value of donated foods to be provided in school year 2006 for each lunch served by commodity only schools.