Department of Agriculture 2005 – Federal Register Recent Federal Regulation Documents
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Hatch Valley Arroyos Site 6 (Garfield Dam), Doña Ana County, NM
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 Rules (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 rehabilitation of Hatch Valley Arroyos Site 6 (Garfield Dam) in Do[ntilde]a Ana County, New Mexico.
Information Collection; Request for Comments; Nonprofit Organization Annual Report of Operations and Aid
In accordance with the Paperwork Reduction Act of 1995, the Forest Service, as lead agency, in cooperation with the U.S. Army Corps of Engineers, U.S. Department of Defense, the Bureau of Land Management, U.S. Fish and Wildlife Service and National Park Service, U.S. Department of the Interior; and the U.S. Geological Survey, propose to consolidate several existing, annual, agency-specific, cooperating and interpretive financial report forms for several Federal land management agencies. The purpose of consolidating the Federal financial forms from the cooperating agencies into one form is to provide a standard format and consistent reporting requirements for non-profit cooperators that may have agreements with several Federal agencies.
Designation of Biobased Items for Federal Procurement
The U.S. Department of Agriculture (USDA) is proposing to amend 7 CFR part 2902, Guidelines for Designating Biobased Products for Federal Procurement, to add six sections to designate the following six items that are made with biobased products that would be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002: Mobile equipment hydraulic fluids; urethane roof coatings; water tank coatings; diesel fuel additives; penetrating lubricants; and bedding, bed linens, and towels. USDA also is proposing a minimum biobased content for each of these items. Once USDA designates an item, Federal agencies are required generally to purchase biobased products within these designated items where the purchase price of the procurement item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased over the preceding fiscal year equaled $10,000 or more. USDA additionally proposes to revise section 2902.2 to add definitions for ``biodegradability'' and ``functional unit'' and section 2902.8 to adopt applicable ASTM International performance tests to verify biodegradability.
Mycogen Seeds/Dow AgroScience LLC and Pioneer Hi-Bred International Inc.; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Genetically Engineered Corn
We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Mycogen Seeds/Dow AgroScience LLC and Pioneer Hi-Bred International Inc seeking a determination of nonregulated status for corn designated as corn line DAS-59122-7, which has been genetically engineered for resistance to a corn rootworm complex and for tolerance to the herbicide glufosinate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. In accordance with those regulations, we are soliciting public comments on whether this corn presents a plant pest risk. We are also making available for public comment an environmental assessment for the proposed determination of nonregulated status.
Notice of Request for Extension of Approval of an Information Collection; Johne's Disease in Domestic Animals; Interstate Movement
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection in support of the regulations for the interstate movement of animals affected with Johne's disease.
Notice of Request for Extension of Approval of an Information Collection; User Fee Regulations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection for collecting user fees, ensuring remittances in a timely manner, and determining proper credit for payment of international air passenger, aircraft clearance, commercial truck, commercial railroad car, commercial vessel, phytosanitary certificate, import/export, and veterinary diagnostic user fees.
Notice of Request for Extension of Approval of an Information Collection; Importation of Pork-Filled Pasta
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection in support of the regulations for the importation of pork- filled pasta products from regions affected with swine vesicular disease.
Newspapers Used for Publication of Legal Notice of Appealable Decisions for the Northern Region; Northern Idaho, Montana, North Dakota, and portions of South Dakota and Eastern Washington
This notice lists the newspapers that will be used by all Ranger Districts, Forests, Grasslands, and the Regional Office of the Northern Region to publish legal notices for public comment and decisions subject to appeal and predecisional administrative review under 36 CFR 215, 217, and 218. The intended effect of this action is to inform interested members of the public which newspapers will be used to publish legal notices for public comment or decisions; thereby allowing them to receive constructive notice of a decision, to provide clear evidence of timely notice, and to achieve consistency in administering the appeals process.
Ashley National Forest, Utah; Ashley-Dry Fork Grazing Allotments
The Environmental Protection Agency published in the Federal Register of February 3, 2004, a notice of intent to prepare an EIS for the Ashley-Dry Fork Grazing Allotments. This document removes that notice of intent.
National Organic Program (NOP), Final Judgment and Order in the Case Harvey v. Johanns
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service is publishing this notice pursuant to a June 9, 2005, consent final judgment and order issued by the United States District Court, District of Maine, in the case Harvey v. Johanns. The court issued a declaratory judgment that 7 CFR 205.606 shall be interpreted to permit the use of a nonorganically produced agricultural product only when the product has been listed in section 205.606 pursuant to National List procedures, and when an accredited certifying agent has determined that the organic form of the agricultural product is not commercially available. The court's order limits an accredited certifying agent's commercially available determinations for nonorganic agricultural products used in or on processed organic products to the 5 substances contained in 7 CFR 205.606. The products are native cornstarch, water extracted gums, kelp when used as a thickener and dietary supplement, unbleached lecithin, and high methoxy pectin.
United States Standards for Grades of Mangos
Notice is hereby given that the comment period on the proposed United States Standards for Mangos is reopened and extended.
Marten Creek Timber Sales and Associated Activities Kootenai National Forest, Sanders County, MT
The USDA, Forest Service, will prepare an Environmental Impact Statement (EIS) to disclose the environmental effects of timber harvest, prescribed fire, and watershed rehabilitation in the Marten Creek project area on the Cabinet Ranger District of the Kootenai National Forest. The Marten Creek project area is located approximately 7 air miles northwest of Trout Creek, Montana, near the community of Trout Creek, Montana. Scoping Comment Date: Comments concerning the scope of the analysis should be postmarked or received by September 2, 2005.
United States Standards for Milled Rice; Correction
This document contains corrections to the final regulations 7 CFR part 868, which were published in the Federal Register of September 30, 2002. The regulations related to changes to the U.S. Standards for Milled Rice which established a new level of milling degree, ``hard milled'', to the existing milling requirements and eliminated reference to ``lightly milled'' from the milling requirements of U.S. Standards for Milled Rice.
Mexican Fruit Fly; Interstate Movement of Regulated Articles
We are amending the Mexican fruit fly regulations by removing a provision that allows regulated articles to be moved interstate from a regulated area without a certificate or limited permit if they are moved into States other than commercial citrus-producing States. Additionally, we are amending the regulations to remove references to quarantined States and to refer to regulated areas as quarantined areas. We are also making other changes to the regulations, including clarifying that an entity requiring the services of an inspector is responsible for the costs of services performed outside of normal business hours. These actions are necessary to prevent the interstate spread of Mexican fruit fly and make the Mexican fruit fly regulations more consistent with our other domestic fruit fly regulations.
Sale and Disposal of National Forest System Timber; Timber Sale Contracts; Indices To Determine Market-Related Contract Term Additions
This interim final rule amends the current regulation by requiring the use of three alternative Producer Price Indices (PPI) from the Bureau of Labor Statistics in lieu of the four PPI that the Forest Service has monitored for use in timber sale contract market- related contract term additions. After December 2003, the Bureau of Labor Statistics discontinued providing three of the four PPI that the Forest Service has monitored and changed the reference number for the fourth PPI. The Forest Service is issuing an interim final rule implementing the use of the three alternative PPI, prior to publishing a final rule. By using the three alternative PPI, the Forest Service will be able to continue providing market-related contract term additions during drastic reductions in wood products market prices.
Ketchikan Resource Advisory Committee
The Ketchkian Resource Advisory Committee will meet in Ketchikan, Alaska, October 13, 2005. The purpose of this meeting is to discuss potential projects under the Secure Rural Schools and Community Self-Determination Act of 200.
Environmental Assessment for the North Light Creek Bridge Replacement, Hiawatha National Forest, Munising Ranger District, Alger County, MI
The Forest Service is seeking public comment on proposed replacement of the North Light Creek Bridge, located within the Grand Island Research Natural Area and Grand Island National Recreation Area, Munising Ranger District, Alger County, Michigan. The Responsible Official for decisions on permanent structures within Research Natural Areas, such as the proposed replacement bridge, is Dale Bosworth, Chief of the Forest Service (36 CFR 251.23). Forest Service appeal regulations require that legal notice of opportunity to comment on proposed actions be published in the Federal Register and the newspaper of record (36 CFR 215.5).
Ventria Bioscience; Availability of Environmental Assessment and Finding of No Significant Impact for Field Tests of Genetically Engineered Rice Expressing Lactoferrin
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment and reached a finding of no significant impact for confined field tests of rice plants genetically engineered to express the protein lactoferrin. 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.
Agency Information Collection Activities; OMB Approval Received
In accordance with the Paperwork Reduction Act, this notice announces the Office of Management and Budget's approval of a collection of information contained in the Animal and Plant Health Inspection Service's final rule regarding the possession, use, and transfer of select agents and toxins.
Ventria Bioscience; Availability of Environmental Assessment and Finding of No Significant Impact for Field Tests of Genetically Engineered Rice Expressing Lysozyme
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment and reached a finding of no significant impact for confined field tests of rice plants genetically engineered to express the protein lysozyme. 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.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
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 Dried Prunes Produced in California-Prune Handler Compensation Survey, Marketing Order 993.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
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 Dried Prunes Produced in California-Prune Dehydrator Survey, Marketing Order 993.
Angeles National Forest, California, Antelope-Pardee 500-kV Transmission Project
Notice is hereby given that the USDA Forest Service, together with the California Public Utilities Commission (CPUC), will prepare a joint Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) in response to applications received from Southern California Edison for construction of a new 25.6-mile 500-kilovolt (kV) transmission line between the proponent's existing 220-kV Antelope and Pardee substations that are located in Los Angeles County, California. The Forest Service is the lead Federal agency for the preparation of this EIS/EIR in compliance with the National Environmental Policy Act (NEPA) and all other applicable laws, executive orders, regulations, and direction. The CPUC is the lead State of California agency for the preparation of the EIS/EIR in compliance with the California Environmental Quality Act (CEQA), California Public Resource Code Division 13, and all other applicable laws and regulations. Both agencies have determined an EIS/ EIR is needed to effectively analyze the proposal and evaluate impacts. The new 500-kV transmission line would replace the existing 100-foot right-of-way 66 kV-line along 17.5 miles of the proposed route. Approximately 13 miles of the Antelope-Pardee 500-kV Transmission Project would be located in a 160-foot right-of-way on National Forest System land (managed by the Angeles National Forest). Approximately three miles of the proposed project would be constructed in a new right-of-way outside of the Angeles National Forest. The proposed project also includes an expansion and upgrade of the Antelope Substation from 220 kV to 500 kV, and the relocation of several existing 66-kV subtransmission lines near the Antelope Substation. The USDA Forest Service and the CPUC invite written comments on the scope of this proposed project. In addition, the agencies give notice of this analysis so that interested and affected individuals are aware of how they may participate and contribute to the final decision.
Motor Vehicles; FY 2004 Alternative Fuel Vehicle (AFV) Report
In accordance with the Energy Policy Act of 1992 (EPAct) (42 U.S.C. 13211-13219) as amended by the Energy Conservation Reauthorization Act of 1998 (Pub. L. 105-388), and Executive Order (EO) 13149, ``Greening the Government Through Federal Fleet and Transportation Efficiency,'' the Department of Agriculture's FY 2004 AFV report is available on the following Department of Agriculture Web site: https://www.usda.gov/energyandenvironment/altFuel/altFuel.htm.
Common Crop Insurance Regulations; Nursery Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) finalizes the Nursery Crop Insurance Provisions to make container and field grown practices separate crops; provide coverage for plants in containers that are equal to or greater than 1 inch in diameter; provide separate basic units by share for all coverage levels and basic units by plant type when additional coverage is purchased; permit insureds to select one coverage level for each plant type basic unit when additional coverage is purchased; allow increases to the Plant Inventory Value Report (PIVR) up to 30 days before the end of the crop year; allow acceptance of an application for insurance for any current crop year up to 30 days before the end of the crop year; change the starting and ending dates for the crop year to June 1st and May 31st, respectively; and make other policy changes to improve coverage of nursery plants. FCIC also finalizes the Nursery Peak Inventory Endorsement to reflect changes made in the Nursery Crop Provisions and adds a new Rehabilitation Endorsement to provide a rehabilitation payment for field grown plants to compensate them for rehabilitation costs for plants that will recover from an insured cause of loss.
Monsanto Co. and Forage Genetics International; Availability Determination of Nonregulated Status for Alfalfa Genetically Engineered for Tolerance to the Herbicide Glyphosate
We are advising the public of our determination that the Monsanto Company and Forage Genetics International alfalfa lines designated as events J101 and J163, which have been genetically engineered for tolerance to the herbicide glyphosate, are no longer considered regulated articles under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Monsanto Company and Forage Genetics International in their 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 announcing the availability of the petition for nonregulated status and an environmental assessment. This notice also announces the availability of our written determination document and our finding of no significant impact.
Notice of Request for Extension of Approval of an Information Collection; Animal Welfare; Guinea Pigs, Hamsters, and Rabbits
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection in support of regulations issued under the Animal Welfare Act for the humane treatment and handling of guinea pigs, hamsters, and rabbits.
Oriental Fruit Fly
We are adopting as a final rule, without change, two interim rules regarding Oriental fruit fly. The first interim rule designated a portion of Orange County, CA, as a quarantined area and provided for the use of spinosad bait spray as an alternative treatment for premises. The second interim rule removed the quarantine on that portion of Orange County, CA, and thus removed the restrictions on the interstate movement of regulated articles from that area. The first interim rule was necessary to prevent the spread of Oriental fruit fly to noninfested areas of the United States, and to provide an alternative to malathion bait spray to treat premises that produce regulated articles within the quarantined area. The second interim rule was necessary to reflect our determination that the Oriental fruit fly had been eradicated from Orange County, CA.
Tehama County Resource Advisory Committee
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) Vegetation Opportunities on the Lassen, (6) Report on Walk in the Woods, (7) Update on Projects, (8) General Discussion, (9) County Update, (10) Next Agenda.
Almonds Grown in California; Revision to Requirements Regarding Credit for Promotion and Advertising
This rule revises the requirements regarding credit for promotion and advertising activities under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). The order is funded through the collection of assessments from almond handlers. Under the order, handlers may receive credit towards their assessment obligation for certain expenditures for marketing promotion activities, including paid advertising. This rule revises the requirements regarding the activities for which handlers may receive such credit. The changes will expand the credit allowed for certain promotional activities, and help to clarify and simplify the current regulations.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for a currently approved information collection in support of the shell egg surveillance portion of the Regulations for the Inspection of Eggs7 CFR part 57.
Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
This rule decreases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $2.50 per ton to $1.00 per ton of fresh apricots handled. The Committee locally administers the marketing order which regulates the handling of apricots grown in designated counties in Washington. Authorization to assess apricot handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.
Irish Potatoes Grown in Colorado; Decreased Assessment Rate
This rule decreases the assessment rate established for the Area No. 3 Colorado Potato Administrative Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.03 to $0.02 per hundredweight of potatoes. The Committee locally administers the marketing order which regulates the handling of potatoes grown in Colorado. Authorization to assess Colorado potato handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Milk in the Arizona-Las Vegas Marketing Area; Partial Decision on Proposed Amendments to Marketing Agreement and to Order
This document proposes to adopt as a final rule, order language contained in the interim final rule published in the Federal Register on March 1, 2005, concerning pooling provisions of the Arizona-Las Vegas Federal milk order. This document also sets forth the final decision of the Department and is subject to approval by producers. Specifically, the final decision adopts an amendment that would continue to amend the Producer milk provision which will eliminate the ability to simultaneously pool the same milk on the Arizona-Las Vegas milk order and any State-operated milk order that has marketwide pooling. Other proposals considered at the hearing regarding producer-handlers were addressed in a separate partial recommended decision issued on April 7, 2005.
Avocados Grown in South Florida; Increased Assessment Rate
This rule increases the assessment rate established for the Avocado Administrative Committee (Committee) for the 2005-06 and subsequent fiscal years from $0.20 to $0.27 per 55-pound bushel container or equivalent of avocados handled. The Committee locally administers the marketing order which regulates the handling of avocados grown in South Florida. Authorization to assess avocado handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal year began April 1 and ends March 31. The assessment rate remains in effect indefinitely unless modified, suspended, or terminated.
Tobacco Transition Payment Program-Successor-in-Interest Contracts
This notice requests public comment on the documents to be used by the Commodity Credit Corporation (CCC) in the administration of the Tobacco Transition Payment Program (TTPP) with respect to successor-in-interest contracts, which allow a tobacco quota holder or a tobacco producer who is participating in this program to transfer their rights and obligations to a third-party.
Avocados Grown in South Florida; Changes in Container and Reporting Requirements
This rule changes the container and reporting requirements currently prescribed under the marketing order for avocados grown in South Florida. The marketing order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This rule prohibits the handling of fresh market avocados in 20 bushel plastic field bins to destinations inside the production area. This rule also requires handlers to provide, at the time of inspection, information regarding the number of avocados packed per container (count per container). These changes are expected to help reduce packing costs and facilitate the distribution of useful marketing information.
Cape Cod Water Resources Restoration Project, Barnstable County, Massachusetts
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, give notice that an environmental impact statement is being prepared for the Cape Cod Watershed, Barnstable County, Massachusetts.
Conservation Security Program; Primary Purpose Determination To Exclude Program Payments From Gross Income Under Section 126 of the Internal Revenue Code
The Secretary of Agriculture has determined that existing practice, new practice, and enhancement activity payments made to producers under the Conservation Security Program (CSP), authorized under the provision of Title II, Subtitle A, Section 2001 of the Farm Security and Rural Investment Act of 2002 (Pub. Law 107-171), are made primarily for the purpose of conserving soil and water resources, protecting or restoring the environment, and providing a habitat for wildlife. This determination is in accordance with Section 126 of the Internal Revenue Code of 1954, as amended. Subject to a finding by the Secretary of the Treasury that the program is a small watershed program administered by the Secretary of Agriculture substantially similar to the type of programs described in 26 U.S.C. 126(a)(1) through (8), this determination permits recipients to exclude from gross income, for Federal income tax purposes, all or part of the existing practice, new practice, and enhancement activity cost-share payments made under said program to the extent allowed by the Internal Revenue Service.
Cottonseed Payment Program
This rule proposes regulations to implement provisions of the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005, enacted on October 13, 2004 (``2004 Act'') to provide assistance to producers and first-handlers of the 2004 crop of cottonseed in counties declared a disaster by the President of the United States due to 2004 hurricanes and tropical storms.
National Advisory Council on Maternal, Infant and Fetal Nutrition; Notice of Meeting
Pursuant to the Federal Advisory Committee Act, this notice announces a meeting of the National Advisory Council on Maternal, Infant and Fetal Nutrition.
Agency Information Collection Activities: Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Proposed Collection; Comment Request Forms FNS-698, FNS-699, and FNS-700, The Integrity Profile (TIP)
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Food and Nutrition Service's (FNS) intention to request approval of revision of a currently approved collection, Forms FNS-698State Agency Profile of Integrity Practices and Procedures Report Form, FNS-699The Integrity Profile Report Form, and FNS-700 TIP Data Entry Form.
Phytophthora Ramorum; Vacuum Heat Treatment for Bay Leaves
We are amending the phytosanitary treatments regulations to allow leaves of the California bay laurel (Umbellularia californica) to be treated with vacuum heat before being moved interstate from any area quarantined because of Phytophthora ramorum. This action will provide an alternative to the hot water dip that had been the only approved treatment for the greenery of host plants, which include California bay laurel leaves, but that ruined the suitability of the leaves for use as a dried spice.
Citrus Canker; Quarantined Areas
We are adopting as a final rule, without change, an interim rule that amended the citrus canker regulations by updating the list of areas in the State of Florida quarantined because of citrus canker. The interim rule expanded one established quarantined area, added several new quarantine areas, and removed a portion of one quarantined area. These actions were necessary to prevent the spread of citrus canker into noninfested areas of the United States and to relieve restrictions that were no longer warranted.
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