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

The Department of Agriculture, in consultation with the Department of the Interior, intends to renew the Provincial Advisory Committees (PACs) for the 12 provinces in California, Oregon, and Washington. This renewal is necessary and in the public interest due to the continued need for the PACs to provide advice on coordinating the implementation of the Record of Decision of April 13, 1994, for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl. The PACs also provide advice and recommendations to promote integration and coordination of forest management activities between Federal and non- Federal entities.

The Agricultural Marketing Service (AMS) is adding provisions to the Code of Federal Regulations that include rules and regulations used in administering the marketing order regulating the handling of pears grown in Oregon and Washington. Inadvertently, SubpartControl Committee Rules and Regulations was removed in May 2005 when the marketing order was amended.

In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is publishing for public comment a summary of a proposed information collection. FNS wishes to monitor trends in education and training, work experience, areas of practice, and training needs of the public health and community nutrition workforce at the State and local government levels. A descriptive profile will assist FNS to determine the extent to which the current and future workforce has the necessary training to administer the WIC Program, for which FNS is responsible.

The Glenn/Colusa County Resource Advisory Committee (RAC) will meet in Willows, California. Agenda items to be covered include: (1) Introductions, (2) Approval of Minutes, (3) Public Comment, (4) Project Proposal/Possible Action, (5) Web site Update, (6) General Discussion, (7) Next Agenda.

The Agricultural Research Service is requesting nominations for qualified persons to serve as members of the Secretary's Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). The charge for the AC21 is two-fold: to examine the long-term impacts of biotechnology on the U.S. food and agriculture system and USDA; and to provide guidance to USDA on pressing individual issues, identified by the Office of the Secretary, related to the application of biotechnology in agriculture.

We are advising the public that the Animal and Plant Health Inspection Service is seeking information to develop an environmental impact statement as part of its consideration of a petition received from Monsanto Company and The Scotts Company. The petition requests a determination of nonregulated status for engineered creeping bentgrass (Agrostis stolonifera) that is glyphosate tolerant. We are preparing this environmental impact statement in accordance with 7 CFR 372.5 and 40 CFR 1501.3 and 1501.4. We are seeking specific information about glyphosate use to control grasses. We are primarily interested in the details of those programs that focus on weed management in nonagricultural lands.

Pursuant to the authorities in the Federal Advisory Committee Act (Public Law 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393), the Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Natural Resources Conservation Service (NRCS) to reinstate and revise a previously approved information collection. The collected information will help NRCS to match the skills of individuals who are applying for volunteer work that will further the Agency's mission. Information will be collected from potential volunteers who are 14 years of age or older.

We are proposing to amend the black stem rust quarantine and regulations by changing the movement restrictions in order to allow clonally propagated offspring of rust-resistant Berberis cultivars to move into or through a protected area without completing the currently required 2-year growth period. This change would lessen an unnecessarily strict movement requirement. We also propose to add 13 varieties to the list of rust-resistant Berberis species. This change would allow for the interstate movement of these newly developed varieties without unnecessary restrictions.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. II, the United States Department of Agriculture announces a meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21).

The Fresno County Resource Advisory Committee will meet in Clovis, California. The purpose of the meeting is to review funded projects, discuss 2006 project submittal process and new committee appointments regarding the Secure Rural Schools and Community Self- Determination Act of 2000 (Public Law 106-393) for expenditures of Payments to States Fresno County Title II funds.

The Rural Utilities Service (RUS) intends to hold a public scoping meeting and prepare a supplemental Environmental Impact Statement (EIS) in connection with possible impacts related to a project proposed by Seminole Electric Cooperative, Inc. (SECI), with headquarters in Tampa, Florida. The proposal consists of the construction of a nominal 750 megawatt coal-based electrical generating unit at the Seminole Generating Station (SGS). The Station is located in Putnam County, Florida, about six miles north of Palatka. SGS Unit 3 will be constructed near the existing SGS Units 1 and 2. The new unit can be readily accommodated on the existing site. The financing and construction of the SGS Unit 1 and 2 was evaluated in a previous EIS. SECI is requesting RUS provide financing for the proposed project.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment for a field trial of genetically engineered strains of an endophytic fungus of perennial ryegrass, Neotyphodium sp. isolate Lp1. The fungi have been genetically engineered to disrupt the ergovaline synthesis pathway. The environmental assessment provides a basis for our conclusion that these field tests will not present a risk of introducing or disseminating a plant pest and will not have a significant impact on the quality of the human environment. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared for these field tests.

The Forest Service will prepare an environmental impact statement on a proposal to promote the development of late-successional habitat and reduce the risk of uncharacteristic wildfires on approximately 5013 acres.

The Agricultural Marketing Service (AMS) published a notice soliciting comments on a proposal to revise the color requirements in the voluntary United States Standards for Grades of Dewberries and Blackberries. The Agency has decided not to proceed further with this action due to the comments and concerns received from the industry.

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on October 25, 2005, at the Inn by the Lake, 3300 Lake Tahoe Blvd., South Lake Tahoe, CA 96150. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

This document proposes to adopt as a final rule, order language contained in the interim final rule published in the Federal Register on June 1, 2005, concerning pooling standards and transportation credit provisions of the Upper Midwest (UMW) milk marketing order. This document also sets forth the final decision of the Department and is subject to approval by producers. A separate decision will be issued that will address proposals concerning pooling and repooling of milk, temporary loss of Grade A status, and increasing the maximum administrative assessment.

The Commodity Credit Corporation (CCC) is providing notification to all interested parties regarding additional actions announced on September 20, 2005, to reduce stress on the grain transportation system caused by Hurricane Katrina. The industry-focused actions include: (1) Assisting with the movement of barges of damaged corn from New Orleans; (2) providing incentives for alternative storage of grain; and (3) encouraging alternative shipping patterns to relieve pressure on the Mississippi River transportation system. CCC is seeking proposals from interested parties for: (1) barge movements of damaged corn from New Orleans; (2) alternative grain storage; and (3) offers to move grain through locations alternative to the Central Gulf.

We are amending the endangered species regulations concerning terrestrial plants by replacing all references to ``general permits'' with references to ``protected plant permits.'' This final rule is necessary for the regulations to reflect the change in the name of the permit. We are also updating a mailing address in the regulations and making other nonsubstantive editorial changes.

The Food Safety and Inspection Service (FSIS) is adding San Marino to the list of countries eligible to export meat products to the United States. FSIS conducted a thorough review of the San Marino meat processing inspection system, including an on-site review of the San Marino meat processing inspection system in operation. FSIS concluded that San Marino's meat processing laws, regulations, and other written materials demonstrate that they establish requirements that are equivalent to the relevant requirements of the Federal Meat Inspection Act (FMIA) and its implementing regulations, and that San Marino's implementation of meat processing standards and procedures is equivalent to that of the United States. Meat products from San Marino may be imported into the United States only if these products are processed in certified establishments in San Marino and are derived from animals that were slaughtered only in certified establishments located in other countries that are eligible to export meat to the United States as a result of their slaughter inspection systems having been found equivalent to that of the United States. At present, San Marino will be eligible to export only processed pork products and not meat food products containing livestock product other than pork to the United States. San Marino did not ask to be approved for slaughter of pork. All meat products exported from San Marino to the United States will be subject to reinspection at the U.S. ports-of-entry by FSIS inspectors as required by law.

In this final rule the Rural Business-Cooperative Service (the Agency) amends its regulation for the Business and Industry (B&I) Guaranteed Loan Program to provide the authority for the charging of an annual renewal fee on all loans obligated after the publication of the final rule. This annual renewal fee is in addition to the existing one- time guarantee fee. Changes to modify the program regulations were originally proposed on February 28, 2005. The intended effect of this rule is to reduce the subsidy rate for guaranteed loans allowing the budget authority dollar level to support a greater level of assistance to the public (i.e., higher supportable loan level). A notice will be published in the Federal Register each fiscal year that will establish the guarantee fee rate and any annual renewal fee rate for loans obligated during that fiscal year.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR part 1320 (60 FR 44977, August 29, 1995), this notice announces the Cooperative State Research, Education, and Extension Service's (CSREES) intention to revise a currently approved information collection entitled, ``Cooperative State Research, Education and Extension Service Application Kit for Research and Extension Programs.''

This proposed rule would change the handling of claims for specified ``tropical'' regions for the Noninsured Crop Disaster Assistance Program (NAP). The specified area includes Hawaii, Puerto Rico and specified additional areas. The proposed changes are intended to reduce the burden on program participants and ease program administration in the affected areas.