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

This rule revises the container and pack requirements currently prescribed under the marketing order (order) covering oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. The order regulates the handling of such fruit and is administered locally by the Texas Valley Citrus Committee (Committee). This rule revises the orange and grapefruit rules and regulations and container requirements by adding eight new containers to the list of authorized containers for use by Texas citrus handlers, removing one obsolete container, and by combining all the requirements on authorized bags into one grouping for easier reference. Other changes would revise incorrect references to the U.S. grade standards for oranges and grapefruit grown in Texas. These changes are expected to help handlers compete more effectively in the marketplace, better meet the needs of buyers, and to improve producer returns.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Idaho-Eastern Oregon Onion Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.105 to $0.10 per hundredweight of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in designated counties in Idaho, and Malheur County, Oregon. Authorization to assess onion handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period began July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Tehama County Resource Advisory Committee (RAC) will meet in Red Bluff, California. Agenda items to be covered include: (1) Introductions, (2) Approval of Minutes, (3) Public Comment, (4) Project Proposal/Possible Action, (5) Sub-Committee Reports, (6) Chairman's Perspective, (7) General Discussion, (8) County Update, (9) Next Agenda.

SG Interests I, LTD (SGI) of Houston, Texas, has submitted to the White River National Forest, the Grand Mesa, Uncompahgre and Gunnison National Forests, and the Bureau of Land Management (BLM) Glenwood Springs Field Office, a proposal to authorize SGI to construct, operate and maintain a 20-inch pipeline system to transport natural gas from production operations in the Bull Mountain Unit, 21 miles northeast of Paonia, CO, to the existing Divide Creek pipeline system, 10 miles south of Silt, CO, for delivery into interstate natural gas pipeline systems. The proposed pipeline crosses portions of Gunnison, Delta, Mesa, and Garfield Counties, CO. In addition to the natural gas pipeline, an 8-inch water pipeline would be installed in the same trench during the construction operations. The water pipeline would transport produced water from well drilling activities to a commercially available disposal facility at the north end of the pipeline. SGI has submitted a right-of-way application and temporary use are application to the Glenwood Springs Field Office of the BLM, which is the authorizing agency for natural gas pipelines under the Mineral Leasing Act where the lands are managed by two or more Federal agencies. Total length of the proposed pipeline is approximately 252.5 miles, starting on private land located in Section 10, T11S, R90W, 21 miles northeast of Paonia, CO, and traversing north approximately 8.2 miles on the Grad Mesa, Uncompahgre and Gunnison National Forests to the White River National Forest boundary. It then continues north for 8.1 miles in the White River National Forest-Rifle Ranger District. From the White River National Forest, it traverses approximately 3.5 miles of BLM, and then crosses onto private lands at Section 5, T8S, R91W (5.6 miles total on private land for entire length), and connects the existing Divide Creek pipeline located in Section 1, T8S, R92W. The proposed pipeline route starts in Gunnison County on the south end, and crosses north through portions of Delta, and Mesa Counties, and ending at the Divide Creek Compressor Station in Section 1, T8S, R92W, Garfield County, CO. The proposed pipeline route follows existing pipeline routes for approximately 44% of the entire length across all land ownerships. On National Forest lands, the proposed pipeline route follows existing pipeline routes for approximately 57% of the total proposed route on National Forest lands. The proposed pipeline deviates from existing pipeline routes for engineering constructability issues or to avoid private land where there have been landowner objections. In addition to the pipeline proposals, the proposal action includes proposals by the White River National Forest and the Grand Mesa, Uncompahgre and Gunnison National Forests to change the area within and adjacent to the proposed pipeline right-of-way to a ``Utility Corridor'' management prescription. This would require a Forest Plan amendment for each Forest. These Forest Plan amendments would be considered non-significant per Forest Service Manual (FSM) 1922.51-2. ``Adjustments of management area boundaries or management prescriptions [that] do not cause significant changes in multiple use goals and objectives for long-term land and resource management.'' The Plan amendments would place the lands in the appropriate management prescription for utility corridors. This management prescription describes the desired condition, and contains standards and guidelines that are appropriate for utility corridors. The proposed utility corridor management area designation may be from 8-12 miles in length on each Forest, depending on the analysis.

On December 8, 2004, we, the Federal Subsistence Board, published a proposed rule to revise and clarify the jurisdiction of the Federal Subsistence Management Program in coastal areas in southwestern Alaska. This rulemaking is necessary in order to exclude numerous saltwater embayments within National Wildlife Refuge boundaries that were never intended to fall under the jurisdiction of the Federal Subsistence Management Program. We are now reopening the comment period for this rulemaking action because of newly available maps of the specific embayments in southwestern Alaska to be excluded from the jurisdiction of the Federal Subsistence Management Program. If you have already commented on the proposed rule and have no additional comments to make as a result of viewing the newly available maps, then you do not need to resubmit your comment(s), as they will be fully considered in the final determination.

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, September 8, 2005 at the Lassen National Forest Supervisors Office, 2550 Riverside Drive, Susanville, California for a business meeting. The meeting is open to the public.

This rule suspends a provision of the walnut marketing order (order) pertaining to eligibility of members to serve on the Walnut Marketing Board (Board). The order regulates the handling of walnuts grown in California, and the Board is responsible for local administration of the order. This action is an interim measure to address a change in industry structure affecting cooperative marketing association related positions. This will allow the Board to continue to represent the industry's interests while the order is amended to reflect the change in industry structure. The Board unanimously recommended a suspension action by mail balloting in early July, 2005.

The Rural Housing Service is amending its regulations to change the threshold for surety requirements guaranteeing payment and performance from a $100,000 contract amount to the maximum Rural Development Single Family Housing area lending limit. This limit will vary by locality. This will liberalize the requirement for surety and take into account the increased construction cost of single family homes in Rural Development's Single Family Housing Program. This will ease the burden on small contractors for whom obtaining surety is difficult and expensive, thereby reducing costs to our single family housing borrowers.

On August 12, 2005, the USDA, Forest Service, Olympic National Forest, published a Notice of Intent in Federal Register (70 FR 47171) to prepare an environmental impact statement (EIS) for Dosewallips Road Washout Project. The Notice of Intent is being revised to correct the project's location from Oregon State to Washington State, and to correct the Olympic National Park e-mail contact address. The correct address is olymea@nps.gov.

This rule invites comments on the establishment of additional inspection requirements authorized 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). This rule would modify sampling procedures for dark-stained pistachios which are intended to be dyed or color-coated. It would also establish reinspection requirements for lots of pistachios, which are materially changed after meeting initial aflatoxin, quality, and size requirements. This action is expected to assure the quality of pistachios, improve the marketability of pistachios, and provide handlers more marketing flexibility. The benefits of this action are expected to offset the increased inspection costs.

The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to document and disclose the potential environmental effects of proposed invasive plant treatments. The Proposed Action is to apply a combination of herbicide, manual and mechanical methods to control known invasive plants within approximately 2,687 acres over 114 treatment areas on the Gifford Pinchot National Forest and Columbia River Gorge National Scenic Area in Washington. The Proposed Action would also establish criteria for responding to infestations that cannot be predicted. This notice revises the Notice to Intent to prepare an EIS announced in the Federal Register on February 23, 2004. Four national forests were combined for analysis in the 2004 NOI; currently, the Forest Service intends to prepare the three separate site-specific statements: One for the Olympic National Forest, one for the Gifford-Pinchot National Forest and the northern portion of the Columbia River Gorge National Scenic Area in Washington, and one for the Mount Hood National Forest and the southern portion of the Columbia River Gorge National Scenic Area in Oregon. The project has been refined partly in response to comments received during the initial scoping period.

The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to document and disclose the potential environmental effects of proposed invasive plant treatments. The Proposed Action is to apply a combination of herbicide, mechanical and manual treatments to control known invasive plants within approximately 3,830 acres in 99 treatment areas on the Olympic National Forest in Washington. The Proposed Action would also establish criteria for responding to infestations that cannot be predicted. This notice revises the Notice of Intent to prepare an EIS announced in the Federal Register on February 23, 2004. Four national forests were combined for analysis in the 2004 NOI. Currently, the Forest Service intends to prepare three separate site-specific statements: one for the Olympic National Forest, one for the Gifford- Pinchot National Forest and the northern portion of the Columbia River Gorge National Scenic Area in Washington, and one for the Mount Hood National Forest and the southern portion of the Columbia River Gorge National Scenic Area in Oregon. The project has been refined partly in response to comments received during the initial scoping period.

The Willamette National Forest is seeking nominees for five positions on the Opal Creek Advisory Council. The Council was originally established in June 2000 with 13 members. About half of the current members will remain on the Council to provide continuity for new members. The Advisory Council makes recommendations to the Detroit District Ranger on matters relating to the management of the Opal Creek Scenic Recreation Area (SRA). The Advisory Council is composed of a diverse group of citizens, which allows for sharing of technical knowledge and personal experience. Members represent interests including, but not limited to: timber industry; environmental organizations; mining industry; land inholders within the Opal Creek Wilderness and SRA; economic development interests; and Indian tribes. Other members serving on the Council as required by the Act represent Marion County, communities within a 25 mile radius of the SRA, State of Oregon, and City of Salem. Positions to be filled are from timber industry, in-holders, environmental organizations, mining industry and one at-large member. Examples of ``at-large'' members who may be interested in serving on this Council include recreation interests, adjacent landowner, educators and researchers. Nominees must be United States citizens, at least 18 years old. Willamette officials will recommend nominees' appointments to the Secretary of Agriculture based on criteria which includes long-time familiarity with the Opal Creek SRA, knowledge and understanding of other cultures, ability to actively participate in diverse team settings, and respect and credibility in local communities. Nominations are due September 19, 2005. People interested in more information or a nomination packet should contact the Detroit Ranger District at 503-854-3366. The nomination packet can also be downloaded from the Opal Creek Advisory Council section of the Willamette National Forest Web site: https://www.fs.fed.us/r6/willamette/manage/opalcreek/ index.html.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Foreign Agricultural Service's (FAS) intention to request an extension for a currently approved information collection. This information collection is required in petitions filed with the Foreign Agricultural Service for emergency relief from duty-free imports of perishable products under section 204(d) of the Andean Trade Promotion and Drug Eradication Act.

The Agricultural Air Quality Task Force (AAQTF) meeting originally scheduled for Thursday, September 22-23, 2005, in Ithaca, New York, has been cancelled. The original meeting notice can be found in the Federal Register, Volume 70, Number 151, pages 45649-45650, published on Monday, August 8, 2005.

This rule would increase the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (committees) for the 2005-06 and subsequent fiscal periods from $0.195 and $0.19, respectively, to $0.20 per 25-pound container or container equivalent of nectarines and peaches handled. The committees locally administer the marketing orders that regulate the handling of nectarines and peaches grown in California. Authorization to assess nectarine and peach handlers enables the committees to incur expenses that are reasonable and necessary to administer the programs. The fiscal period runs from March 1 through the last day of February. The assessment rates would remain in effect indefinitely unless modified, suspended, or terminated.

Notice is hereby given that the comment period on the proposed relaxation of minimum grade requirements for Colorado Area No. 2 potatoes under Marketing Order No. 948 (order), and for imported red- skinned round type potatoes under the potato import regulation is reopened until September 12, 2005.

This is to notify cooperatives and cooperative associations, university personnel, public and private researchers with interests in agricultural and other rural cooperative policy, and other interested persons that Rural Business-Cooperative Service (RBS) is holding a public meeting for interested persons to express their views on the research needs of rural cooperatives with an emphasis on their business and organizational challenges and appropriate policies for strengthening agricultural and rural cooperatives in the United States.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's intention to request an extension for a currently approved information collection in support of the program for 7 CFR Part 3550, Direct Single Family Housing Loans and Grants and its accompanying Handbooks.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995), this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Stocks Reports.

We are proposing to amend the regulations governing the importation of meat and other edible animal products by allowing, under certain conditions, the importation of whole cuts of boneless beef from Japan. We are proposing this action in response to a request from the Government of Japan and after conducting an analysis of the risk that indicates that such beef can be safely imported from Japan under the conditions described in this proposal.

This document proposes to adopt as a final notice add to the recommended manufacturing milk requirements (Recommended Requirements) by providing provisions for sheep milk, adding follow-up procedures used when plant-commingled milk in storage tanks exceeds the maximum allowable bacterial estimate, and providing a definition for heat- treated cream. The notice to add to the recommended manufacturing milk requirements (Recommended Requirements) was initiated at the request of the Dairy Division of the National Association of State Departments of Agriculture (NASDA) and developed in cooperation with NASDA, the Food and Drug Administration (FDA), dairy trade associations, and producer groups. This document also proposes certain other changes to the Recommended Requirements for clarity and consistency.

In a meeting held August 4, 2005, the Board of Directors (Board) of the Rural Telephone Bank (Bank) approved resolutions to liquidate and dissolve the Bank, subject to lifting of the current statutory restriction limiting the amount of Government-owned Class A stock that the Bank can redeem. This notice is being published to ensure that all interested parties are informed of the details of the resolutions approved by the Board.