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

In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is publishing for public comment notice of a proposed information collection. The proposed collection is an extension of a collection currently approved for the National School Lunch Program, the School Breakfast Program, the Commodity Schools Program, and the Special Milk Program.

The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the anticipated environmental effects of the Arapahoe Basin Ski Area and Montezuma Bowl Projects. The Proposed Action would upgrade and expand infrastructure within the existing Special Use Permit (SUP) area to accommodate parking demands and improve skiing opportunities for existing and proposed visitation, thereby enhancing the quality of the recreation experience. The major aspects of the Proposed Action include: Install a new fixed-grip triple of quad chairlift in Montezuma Bowl. Adding lift-served skiing within Montezuma Bowl would increase A-Basin's existing overall skiable acreage for approximately 487 to 812 acres. The Montezuma Bowl area would add approximately 175 acres of intermediate terrain and 149 acres of advanced and expert terrain, all accessible for round-trip skiing via one proposed chairlift. Install snowfencing west of the proposed lift terminal, below (south) of the ridgeline, to aid in snow retention. Install a raised ``avalauncher'' platform to allow A-Basin ski patrol to safely conduct snow safety operations in Montezuma Bowl. Replace the existing Exhibition lift (fixed-grip triple) with a high speed detachable quad chair accommodating 2,60 people per hour in a slightly modified alignment. Create an additional 231 parking spaces by widening and re-grading the Lower Overflow Lot and the High Noon Lot, bringing total parking capacity at A-Basin's five lots to 1,781 vehicles. In conjunction with the re-grading of the High Noon lot, a series of sediment detention basins are proposed along the west edge of the parking area, parallel with Highway 6.

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 Vegetable Surveys Program.

The Stanislaus National Forest is in the process of preparing an environmental analysis for the Great Hunt Reforestation and Release Project. This project is being planned on National Forest lands encompassing portions of the Groveland, Mi-Wok and Summit Ranger Districts. The proposal to be analyzed consists of conducting site preparation, planting, and plantation release treatments using a combination of methods on approximately 2330 acres. Treatments will include backpack application of the herbicide glyphosate on approximately 545 acres; mechanically shredding or hand cutting competing vegetation on 1,655 acres with follow-up glyphosate applications on 1,530 acres; and burning and hand cutting competing vegetation with follow up glyphosate applications on 30 acres. Treatments are designed to assure adequate survival and growth of planted conifers by reducing competing vegetation. The goals tied to this project in the Stanislaus National Forest Plan Direction 2005 (STF FPD) are to increase the frequency of large trees, improve the continuity and distribution of old forests, and restore forest species composition and structure following large scale, stand-replacing disturbance events (STF FPD page 9). The areas under consideration for management activities are old timber harvest units, as well as areas burned by the following wildfires: Granite Fire, 1973; River Fire, 1987; Cotton Fire, 1990; Ruby Fire, 1992; and Creek Fire, 1994. In areas identified for site preparation and planting, natural regeneration of conifer seedlings following the harvest or fire disturbance events is inadequate due to rapid and vigorous growth of competing vegetation and the lack of a seed source in some areas (STF FPD page 146, Standard and Guideline 15- J: ``Reforest all openings in available, capable, and suitable lands for timber production created by timber harvest, wind, fire, or insect and disease pests (36 CFR 219.27(b)(2))''). These areas are not on track to meet the goals of the STF FPD. As such, the benefits of a forested environment, and all the associated benefits of forest structure have not occurred. Decision to be Made: The decision to be made is whether to implement the proposed action as described above, to meet the purpose and need for action through some other combination of activities, or to take no action at this time. Scoping Process: Comments concerning the scope of the analysis should be received in writing within 15 days of the date of publication of this Notice of Intent in the Federal Register. The project was initially listed in the Forest's July and October 2005 quarterly edition of the Schedule of Proposed Actions (SOPA). Scoping letters were sent in September 1, 2005 to those who responded to the SOPA and to other identified interested and affected individuals and government agencies. In the SOPA, the mode of environmental documentation was predicted as an environmental assessment. It has now been determined that the environmental analysis will be documented in an environmental impact statement. Since there are no changes being made to the proposed action that was previously scoped, the scoping period at this point is brief. Scoping letters previously received by the Forest Service from the first scoping period will continue to be used for this process. A public scoping meeting is not anticipated at this time. The scoping process will be used to identify issues regarding the proposed action. An issue is defined as a point of dispute, debate, or disagreement related to a specific proposed action based on its anticipated effects. Significant issues brought to our attention are used during environmental analysis to develop alternatives to the proposed action. Some issued raised in scoping may be considered non- significant because they are: (1) Beyond the scope of the proposed action and its purpose and need; (2) already decided by law, regulation, or the Land and Resource Management Plan; (3) irrelevant to the decision to be made; or (4) conjectural and not supported by scientific or factual evidence. Alternatives: Alternatives proposed to date are the Proposed Action as described above and the No Action. Identification of Permits or Licenses Required: No permits or licenses have been identified to implement the proposed action. Lead, Joint Lead, and Cooperating Agencies: The USDA Forest Service is the lead agency for this proposal; there are no cooperating agencies. Estimated Dates for Filing: The expected filing date with the Environmental Protection Agency for the draft EIS is March 1, 2006. The expected filing date for the final EIS is July 1, 2006. Person to Whom Comments May Be Mailed: Comments may be submitted to: District Ranger, Mi-Wok Ranger District, P.O. Box 100, Mi-Wuk Village, CA 95346 or (209) 586-0643 (fax) during normal business hours. The Mi-Wok Ranger District business hours are from 8 a.m. to 4:30 p.m Monday through Friday. Electronic comments, in acceptable plain text (.txt), rich text (.rtf), or Word (.doc) formats, may be submitted to: mgmelin@fs.fed.us using Subject: Great Hunt Reforestation and Release Project. Reviewer's Obligation to Comment: The comment period on the draft EIS will be 45 days from the date the Environmental Protection Agency publishes the notice of availability of the draft EIS in the Federal Register. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns with the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Further Information: Marty Gmelin, Interdisciplinary Team Leader may be contacted by phone at (209) 586-3234 ex. 629 for more information about the proposed action and the environmental impact statement or at the Mi-Wok Ranger District, P.O. Box 100, Mi-Wuk Village, CA 95348. Responsible Official and Mailing Address: Tom Quinn, Forest Supervisor, 19777 Greenly Road, Sonora, CA 95370.

This interim rule amends the regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) to strengthen vendor cost containment. The rule incorporates into program regulations new legislative requirements that affect the selection, authorization, and reimbursement of retail vendors. These requirements are contained in the Child Nutrition and WIC Reauthorization Act of 2004, enacted on June 30, 2004. The rule reflects the statutory provisions that require State agencies to implement a vendor peer group system, competitive price criteria, and allowable reimbursement levels in a manner that ensures that the WIC Program pays authorized vendors competitive prices for supplemental foods. It also requires State agencies to ensure that vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments do not result in higher food costs to the program than do other vendors. The intent of these provisions is to maximize the number of eligible women, infants, and children served with available Federal funding.

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 Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public.

This notice sets forth a schedule increasing the annual operational fee warehouse operators are charged under the United States Warehouse Act (USWA). This action is needed to increase revenue to cover operational costs projected for operations under the USWA in fiscal year 2006. This notice does not change any of the other various license or inspection fees charged under the USWA.

We are amending 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 will not be at risk if those prohibitions are removed. We will, 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 removes flag smut-related prohibitions that no longer appear to be necessary while continuing to provide protection against other potential pests or diseases of wheat.

This notice advises the public that the Animal and Plant Health Inspection Service's Wildlife Services program (APHIS-WS) has prepared a record of decision based on the Black-Tailed Prairie Dog Conservation and Management on the Nebraska National Forest and Associated Units final environmental impact statement.

The Forest Service is issuing an interim directive (ID) revising direction in Forest Service Manual (FSM) 2340.03 governing advertising and sponsorship in connection with concessions involving privately owned improvements operated under special use permits on National Forest System (NFS) lands. The ID allows holders of concession permits to advertise inside buildings and other interior spaces that they own, subject to certain conditions, and encourages cooperative relationships and sponsorships that promote public participation in the management of NFS lands. The Forest Service is requesting comment from the public on the provisions contained in this ID in order to develop a final policy. The ID will be in effect until removed or adoption of a final policy through an amendment to FSM 2340.03.

On November 15, 2005, the USDA, Forest Service, Okanogan- Wentachee National Forests, published a Notice of Intent in the Federal Register (70 FR 69308) to prepare an environmental impact statement (EIS) for the Natapoc Ridge Forest Restoration Project. The Notice of Intent is being revised to change the expected filing and review date of the draft environmental impact statement (EIS) to April 2006 and the final EIS to July 2006. The original Notice of Intent identified these dates incorrectly as April 2005 and July 2005.

The Food Safety and Inspection Service (FSIS) is proposing to add the People's Republic of China to the list of countries eligible to export processed poultry and poultry products to the United States. Reviews of the People's Republic of China's laws, regulations, and other materials show that its poultry processing system includes requirements equivalent to all provisions in the Poultry Products Inspection Act (PPIA) and its implementing regulations. FSIS is proposing to allow processed poultry products from the People's Republic of China to be imported into the United States only if they are processed in certified establishments in the People's Republic of China from poultry slaughtered in certified slaughter establishments in other countries eligible to export poultry to the United States. China is not currently eligible to export poultry products to the United States that include birds that were slaughtered in China's domestic establishments. Under this proposed rule, all poultry products exported from the People's Republic of China to the United States will be subject to reinspection at the U.S. ports-of- entry by FSIS inspectors as required by law.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); The Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is being prepared for South Fork of Licking River Watershed, Licking, Perry, Fairfield Counties, Ohio.

The Plumas County Resource Advisory Committee (RAC) will hold a meeting on December 2, 2005, in Quincy, CA. The primary purpose of the meeting is to review, discuss and refine Cycle 6 timelines and application materials, view a presentation on national RAC survey findings and consider recommending the Corridor Fuelbreak project to the Plumas National Forest Supervisor for funding approval.

The Ravalli County Resource Advisory Committee will be meeting to discuss 2004 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.

The Roadless Area Conservation National Advisory Committee (Committee) will meet in Washington, DC. The purpose of this first meeting is organizational in nature: The Committee members will meet for the first time, be welcomed by Department of Agriculture and Forest Service Leadership, institute administrative procedures and rules of order, and plan for future petition reviews.

The USDA Forest Service will prepare a Supplemental Environmental Impact Statement (SEIS) for the Hidden Cedar Project. The Notice of Availability of the Draft EIS for the Hidden Cedar project was published Federal Register (66 FR 29799) on June 1, 2001 and the notice of the Final EIS (67 FR 47538-47539) was published on July 19, 2002. The Record of Decision on this project was administratively appealed to the Regional Forester per 36 CFR part 215. The Regional Forester affirmed my decision on September 27, 2002. However, due to information that has been identified since the availability of the final EIS and ROD I have determined a need for a supplement. On May 18, 2005, I withdrew the Record of Decision for the Hidden Cedar project. The purpose for the withdrawal was to further address analysis issues raised through the recent opinion issued through the U.S. Court of Appeals for the Ninth Circuit in Lands Council v. Powell, 395 F.3d 1015-1046 (9th Cir. 2005).

The Forest Service is revising the Land and Resource Management Plan (hereafter referred to as Forest Plan) for the Uwharrie National Forest (UNF). This notice provides: 1. A summary of the need to change the Forest Plan; 2. Information on how the public can comment on the need to change, when those comments are due, and how comments can be submitted; 3. A list of documents available for review and how to get them; 4. How the public can participate in the planning process; 5. Who to contact for more information.

This is a request by the Farm Service Agency (FSA) for proposals for applications for cooperative agreements for FY 2006 to help underserved and limited resource farmers and ranchers become more efficient operators and more economically viable. FY 2005 funding for similar cooperative agreements was $2 million. This notice is being issued prior to passage of a final Department of Agriculture Appropriations Bill to allow applicants sufficient time to prepare and submit proposals and give FSA sufficient time to process applications within FY 2006. An additional Notice of Funding Availability will be published announcing the funding level for FY 2006 once an appropriations act has been enacted. FSA requests proposals from eligible 501(c)(3) nonprofit organizations, land grant institutions, including Tuskegee University, State governments, and Federally- Recognized Indian Tribal Governments, interested in competitively awarded cooperative agreements, to demonstrate innovative and unique approaches to equip underserved and limited-resource farmers and ranchers, including beginning farmers and ranchers, to become more efficient and economically viable. Proposals should demonstrate innovative and unique ways to help underserved and limited-resource farmers and ranchers improve their economic viability through training, technical assistance, improved farming practices, and more effective marketing approaches. Underserved and limited-resource farmers and ranchers have different challenges to economic viability due to location, educational assets, age, and landownership. The need to properly address these challenges through education, training, technical assistance and the most creative ways of outreach is critical to the continued existence of the small farm. People in, or entering into, farming have an array of backgrounds and varied levels of current farm and farm business experience and knowledge. More and more qualified alien immigrants are entering American farming. Often, they are unfamiliar with productive marketing practices, acquisition of land, government assistance, and crop and animal production diversity. While there are no significant legal obstacles to becoming a farmer in the United States, many barriers to successful farming exist. Among those barriers are (1) increasing capital expenses, (2) progressive managerial requirements, and (3) competition with large-scale producers. Among limited-resource farmers, a subgroup, the underserved farmer, faces even more barriers to achieving success. In recognition of the dynamic needs of limited-resource and underserved farmers, FSA solicits proposals for innovative approaches to assisting the diverse limited- resource and underserved farm community.

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 proposals/possible action, (5) Web site update, (6) general discussion, (7) next agenda.

The Intergovernmental Advisory Committee (IAC), Northwest Forest Plan (NWFP), has scheduled a meeting on November 30, 2005 from 9 a.m. to 4 p.m. at the Oregon Convention Center, downstairs conference room A106, 777 NE., Martin Luther King Jr. Blvd., Portland, OR 97232, 503-235-7575. The purpose of the meeting is to review progress on addressing key findings and trends from the April 19-20, 2005 Science and the Northwest Forest Plan, Knowledge Gained Over a Decade conference hosted by the USDA, Forest Service, Pacific Northwest Research Station, and to collect advice regarding the implementation improvement strategies being drafted. The meeting is open to the public and fully accessible for people with disabilities. A 10-minute time slot is reserved for public comments at 9:10 a.m. Interpreters are available upon request at least 10 days prior to the meeting. Written comments may be submitted for the meeting record. Interested persons are encouraged to attend.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Canine Melanoma Vaccine, DNA, for use in dogs. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment, and that an environmental impact statement need not be prepared. We intend to authorize shipment of this vaccine for field testing following the close of the comment period for this notice unless new substantial issues bearing on the effects of this action are brought to our attention. We also intend to issue a U.S. Veterinary Biological Product license for this vaccine, provided the field test data support the conclusions of the environmental assessment and the issuance of a finding of no significant impact and the product meets all other requirements for licensing.