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

We are amending the emerald ash borer regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.

As set forth in 7 CFR 4279.107(b) and 4280.126(c), Rural Development (the Agency) has the authority to charge an annual renewal fee for loans made under the Business and Industry (B&I) Guaranteed Loan Program and the Renewable Energy and Energy Efficiency Improvements (REEEI) Guaranteed Loan Program. Pursuant to that authority, the Agency is establishing the renewal fee rate at one- fourth of 1 percent for the B&I Guaranteed Loan Program and one-eighth of 1 percent for the REEEI Guaranteed Loan Program. These rates will apply to all loans obligated in fiscal year (FY) 2006 that are made under the cited programs. As established in 7 CFR 4279.107 and 4280.126, the amount of the fee on each guaranteed loan will be determined by multiplying the fee rate by the outstanding principal loan balance as of December 31, multiplied by the percent of guarantee. As set forth in 7 CFR 4280.126(a), each fiscal year the Agency shall establish the initial guarantee fee rate for loans made under the REEEI Guaranteed Loan Program. Pursuant to that authority, the Agency is establishing the initial guarantee fee rate at 1 percent for loans made in FY 2006. As set forth in 7 CFR 4279.107(a) and 4279.119(b)(4), each fiscal year the Agency shall establish a limit on the maximum portion of B&I guarantee authority available for that fiscal year that may be used to guarantee loans with a B&I guarantee fee of 1 percent or guaranteed loans with a guarantee percentage exceeding 80 percent. Allowing the guarantee fee to be reduced to 1 percent or exceeding the 80 percent guarantee on certain B&I guaranteed loans that meet the conditions set forth in 7 CFR 4279.107 and 4279.119 will increase the Agency's ability to focus guarantee assistance on projects which the Agency has found particularly meritorious, such as projects in rural communities that remain persistently poor, which experience long-term population decline and job deterioration, are experiencing trauma as a result of natural disaster, or are high impact as defined in 7 CFR 4279.155(b)(5). Not more than 12 percent of the Agency's quarterly apportioned B&I guarantee authority will be reserved for loan requests with a guarantee fee of 1 percent, and not more than 15 percent of the Agency's quarterly apportioned guarantee authority will be reserved for guaranteed loan requests with a guaranteed percentage exceeding 80 percent. Once the above quarterly limits have been reached, all additional loans guaranteed during the remainder of that quarter will require a 2 percent guarantee fee and not exceed an 80 percent guarantee limit. Written requests by the Rural Development State Office for approval of a guaranteed loan with a 1 percent guarantee fee or a guaranteed loan exceeding 80 percent must be forwarded to the National Office, Attn: Director, Business and Industry Division, for review and consideration prior to obligation of the guaranteed loan. The Administrator will provide a written response to the State Office confirming approval or disapproval of the request.

The National Advisory Committee on Meat and Poultry Inspection (NACMPI) will hold a public meeting on November 15-16, 2005. At this meeting, the Agency will present and seek input on matters it will address in moving to a more risk-based approach to inspection as well as how to use data to enhance the effectiveness and the efficiency of this approach. Subcommittees will also meet on November 15, 2005, to discuss issues covered during the full committee session.

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 associated with a national animal identification system.

Pursuant to the Federal Advisory Committee Act, this constitutes notice of the upcoming meeting of the Grain Inspection Advisory Committee (``the Committee'').

The USDA Forest Service will prepare an environmental impact statement (EIS) to disclose environmental effects on a proposed action to recover the economic value of dead and dying trees damaged in the School Fire, and remove potential hazard trees from open forest travel routes, developed recreation sites, and administrative sites within North Patit Creek, Little Tucannon River, Cummings Creek, Tumalum Creek, Headwaters of Tucannon River, and Pataha Creek subwatersheds. School Fire, located 12 miles south of Pomeroy, Washington, burned approximately 52,000 acres across mixed ownership in August 2005, of that approximately 27,000 acres were on National Forest System Lands administered by Pomeroy Ranger District, Umatilla National Forest.

The USDA, Forest Service, will prepare an Environmental Impact Statement (EIS) to disclose the environmental effect of timber harvest and watershed restoration activities in the White/White project area on the Lochsa Ranger District of the Clearwater National Forest. The White/White project area is located in the Nevada Creek, Mike White Creek, Utah Creek, White Creek, Chamook Creek drainages, a tributaries to Lolo Creek, approximately 12 air-miles southeast of the town of Pierce, Idaho.

We are proposing to amend the animal and animal product import regulations by adding provisions for the importation of cured or cooked shelf-stable meat derived from ruminants or swine that originate in a region where rinderpest or foot-and-mouth disease exists if the meat is cured or cooked in another region. This action would provide for the importation of these commodities while continuing to protect the U.S. ruminant and swine populations against incursions of rinderpest and foot-and-mouth disease.

In accordance with legislation implementing the results of the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade, we are informing the public of international standard- setting activities of the World Organization for Animal Health, the Secretariat of the International Plant Protection Convention, and the North American Plant Protection Organization, and we are soliciting public comment on the standards to be considered.

We are amending the Asian longhorned beetle regulations by adding a portion of Middlesex and Union Counties, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States. We are also removing the areas within Hudson County, NJ, 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 establishes 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 modifies sampling procedures for dark-stained pistachios which are intended to be dyed or color-coated. It also establishes reinspection requirements for lots of pistachios which are materially changed after meeting initial aflatoxin and quality 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.

Notice is hereby given that the Rural Utilities Service (RUS) proposes to prepare an Environmental Assessment related to possible financial assistance to Georgia Transmission Corporation (GTC) for the construction of approximately 4.4 miles of 230 kilovolt transmission line, a 230/25 kilovolt transmission substation, and a 230 kilovolt switching station. The proposed 230-kilovolt transmission line and substation projects would be located in Gwinnett County, Georgia. GTC is requesting RUS provide financing for the proposed project. A less than 0.1 acre portion of the project will be located in a wetland. Alternatives, including no action, were considered; however, no practicable alternatives were identified that would avoid having an impact on the wetland. Comments or suggestions for mitigating impacts to the wetland are welcome.

The Agricultural Marketing Service (AMS) invites comments from producers, importers, first handlers and other interested persons on a possible change to the definition of ``substantial activity'' under the Hass Avocado Promotion, Research, and Information Order (Order). The definition relates to the eligibility of importers to serve on the Hass Avocado Board (Board).

On February 23, 2004 the original Notice of Intent to prepare an Environmental Impact Statement to ``* * * document and disclose the potential environmental effets of proposed invasive plant treatment activities on the Ochoco and Deshutes National Forests.'' appear in the Federal Register. The original Notice Intent appeared in Federal Register Volume 69, No. 35/February 23, 2004 on page 8174. Due to the extensive length of time between that publication in the Federal Register and the initiation of the analysis for this project, a Revised Notice of Intent is being published. Comments need not be re-submitted if they were submitted in 2004 for this proposed action. The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to document and disclose the potential environmental effects of proposed invasive plant treatment activities on the Deschutes National Forest, Ochoco National Forest and the Crooked River National Grassland. This project evaluates site-specific treatments of invasive plants; including manual, mechanical, cultural, biological and herbicide treatment methods as well as the use of prescribed fire. Forest Plan direction, including amendments identified in the Pacific Northwest Region Invasive Plant Program Environmental Imact Statement, will be incorporated into all alternatives, including the Proposed Action.

We are amending the regulations by removing the two different definitions of affected herd and replacing them with a single, updated definition. This action is necessary to provide more clarity in the regulations and because the current definitions are out-of-date and inconsistent.

Notice is hereby given that the comment period on the proposed Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Service is reopened and extended. This action will allow interested persons additional time to prepare and submit comments.

The Food Safety and Inspection Service (FSIS) is announcing the availability on its Web site of information regarding new technologies for use in the production of meat, poultry, and egg products that the Agency has received and for which FSIS has written a ``No Objection'' letter. The Web site will include brief descriptions of the new technologies. The availability of this information should increase public and industry awareness of new technologies and foster their use by small and very small plants.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Sweet Peppers. The revision will allow sweet peppers to be marketed as mixed varieties and/or colors when marked with more than one variety or color on the container. The decay tolerance will be revised to include only those sweet peppers which are affected by decay on the wall and/or calyx. Decay affecting only stems will no longer fall under the restricted decay tolerance. It will be scored against the five percent serious damage tolerance for U.S. Fancy and U.S. No 1 grades and against the five percent restrictive tolerance for the U.S. No. 2 grade. The requirement to designate peppers which fail to meet the color requirements of their respective grades or respective (color specified) grade will be made optional. The ``Unclassified'' section will be deleted. The purpose for this revision is to update and revise the standards to accurately represent today's marketing practices.

The USDA, Forest Service, will prepare an environmental impact statement (EIS) to disclose the environmental effects of a proposed fuels reduction project that will help maintain the water supply to the City of Bozeman. The project's purpose and need is to begin reducing the potential severity and extent and future wildland fires in the Bozeman and Hyalite Municipal Watersheds, begin creating vegetation and fuel conditions that will reduce the risk of excess sediment and ash reaching the municipal water treatment plant in the event of a sever wildland fire, begin creating vegetation and fuel conditions that will provide for firefighter and public safety by modifying potential fire behavior, and reduce fuel conditions in the wildland/urban interface (WUI). A range of 3 to 5 alternatives are targeted for consideration in this planning process.

The Mountain City Ranger District of the Humboldt-Toiyabe National Forest will prepare an Environmental Impact Statement (EIS) on a proposal to authorize continued livestock grazing on National Forest System (NFS) lands within the boundaries administered by the Ranger District. The Project Area is located in Elko County, Nevada.

This notice lists the newspapers that will be used by the ranger districts, forests and regional office of the Intermountain Region to publish legal notices required under 36 CFR 215, 217, and 218. The intended effect of this action is to inform interested members of the public which newspapers the Forest Service will use to publish notices of proposed actions and notices of decision. This will provide the public with constructive notice of Forest Service proposals and decisions, provide information on the procedures to comment or appeal, and establish the date that the Forest Service will use to determine if comments or appeals were timely.

The Bureau of Land Management (BLM) and United States Forest Service (USFS) announce the schedule for meetings of the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (hereinafter referred to as MAC), for fiscal year 2006. All meetings begin at 9 a.m. and will be held in the Palm Desert City Council Conference Room, located at 73-510 Fred Waring Drive, Palm Desert California; and will begin at 9 a.m. Meetings are scheduled for the following dates: Saturday, December 3, 2006. Saturday, March 4, 2006. Saturday, June 3, 2006. Saturday, September 9, 2006. Saturday, December 2, 2006. Meeting agendas will be developed and available to the public prior to meeting dates through the Bureau of Land Management, Palm Springs- South Coast Field Office Web Page linking to the Santa Rosa San Jacinto Mountains National Monument Home Page at https://www.ca.blm.gov/ palmsprings/ santarosa/santarosanational monument.html. The focus of all MAC meetings will be on implementation issues of the Santa Rosa and San Jacinto Mountains National Monument Management Plan. Each meeting, beginning at approximately 11 a.m., will contain a half-hour Public Comment period. During this time members of the public are encouraged to provide their comments and/or input to the MAC for further consideration and discussion. A sign-up sheet for speakers will be available at the entrance of the Palm Desert City Council Conference Room, on the day of the meeting. Speakers making comments to the Advisory Committee are requested to provide a written copy of their statement for the record. The MAC is a committee of citizens appointed to provide advice and recommendation to the Secretaries of the Interior and Agriculture, with respect to implementation of the National Monument Management Plan. The Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (16 U.S.C. 106-351), authorized establishment of the MAC with representative members from State and local jurisdictions, the Agua Caliente Band of Cahuilla Indians, a natural science expert, a member from a local conservation organization, a representative of the local developers or building industry organization, the Winter Park Authority, and a representative from the Pinyon Community Council. All of the meetings are open to the public, attendance limited only by the space available. Individuals attending who need special assistance, such as sign language interpretations, or other reasonable accommodations, should notify the contact person listed below two (2) weeks in advance of the meeting. Meeting Dates and Times: December 3, 2005; March 4, 2006; June 3, 2006; September 9, 2006; December 2, 2006. All MAC meetings begin at 9 a.m., and the Public Comment period begins at approximately 11 a.m.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service (RUS) invites comments on this information collection for which RUS intends to request approval from the Office of Management and Budget (OMB).