Department of Agriculture 2005 – Federal Register Recent Federal Regulation Documents

This rule would increase the assessment rate established for the Walnut Marketing Board (Board) for the 2005-06 and subsequent fiscal periods from $0.0094 to $0.0096 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year began August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This rule provides procedures for a California Clingstone Peach Diversion Program. The program will be voluntary and consist entirely of tree removal. The program will be implemented under clause (3) of Section 32 of the Act of August 24, 1935, as amended. Based on 2003 and prior season acreage, production, supply, and marketing information for California clingstone peaches, this program is expected to bring the domestic canned peach supply more in line with the market and provide relief to growers faced with excess acreage and supplies, and with low prices. The program will ensure that removal is not part of the normal process of tree replacement.

In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS) is announcing a forthcoming meeting of the National Organic Standards Board (NOSB).

The Forest Service proposes to develop a network of defensible fuel profile zones (DFPZ's) and wildland urban interface zones (WUIs), conduct area thinning, reduce surface fuels, establish group selection harvest units, and restore remnant aspen stands on the Hat Creek Ranger District in the Lassen National Forest. Treatments within DFPZs would include 9,975 acres of forest and plantation thinning followed by underburning and/or mechanical fuels reduction. Approximately 2,060 acres would be underburned only. Treatments outside of DFPZs would include 3,660 acres of forest and plantation thinning followed by underburning and/or mechanical fuels reduction to develop three WUIs. A modified thinning prescription would be applied in some areas to maintain wildlife habitat and structural diversity. An additional 95 acres of brushfield treatments would also be completed outside of DFPZs. Group selection treatments would be implemented on 1,186 acres across the project area and 49 acres of aspen would be restored. Approximately 1.4 miles of new system roads and 0.7 miles of temporary non-system roads would be constructed. Approximately 3.9 miles of roads would be decommissioned. The project would be implemented through a combination of commercial timber sales, service contracts, and force account crews. These management activities were developed to implement and be consistent with the Lassen National Forest (LNF) Land and Resource Management Plan (LRMP, 1993), as amended by the Herger- Feinstein Quincy Library Group Forest Recovery Act FEIS, FSEIS, and ROD's (1999, 2003), and the Sierra Nevada Forest Plan Amendment FEIS (2001) and FSEIS/ROD (2004). 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 February 2004 quarterly edition of the Schedule of Proposed Actions (SOPA). Scoping letters were sent in March 2004 to those who responded to the SOPA and other identified interested and affected individuals and government agencies. In the SOPA, the mode of environmental documentation was predicted as an environmental assessment. At this time, the environmental analysis will be documented in an environmental impact statement. Since only minor changes are being made to the proposed action that was previously scoped, the scoping period at this time is brief. Those who responded during the March 2004 scoping period will be contacted again. In addition, 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 an environmental analysis to develop alternatives to the proposed action. Some issues 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 describe 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 March 6, 2006. The expected filing date for the final EIS is July 24, 2006. Person to which comments may be mailed: Comments may be submitted to: District Ranger, Hat Creek Ranger District, at P.O. Box 220, Fall River Mills, CA, 96028 or (530) 336-5758 (fax) during normal business hours. The Hat Creek 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: comments-pacificsouthwest-lassen-hatcreek@fs.fed.us using Subject: North 49 Forest Health Recovery Project. Reviewer's obligation to comment: The comment period on the draft EIS will be 49 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 on 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.

This interim rule addresses and implements amendments made by Section 201 of the Child Nutrition and WIC Reauthorization Act of 2004. The rule amends the School Breakfast Program (SBP) regulations to eliminate the requirement that a school's costs exceed the rate of reimbursement as a criterion for receiving the higher severe need funding available in the SBP. This rule also allows State agencies to provide severe need reimbursements to certain new schools that are beginning participation in the school feeding programs and therefore have no historical second preceding year participation information, as was previously required. This rule is intended to simplify eligibility for severe need reimbursements by removing previous restrictions on receipt of those payments. This rule does not impose new administrative requirements on State or local governmental entities.

Deciding Officers in the Southern Region will publish notice of decisions subject to administrative appeal under 36 CFR part 217 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR part 217.5(d), the public shall be advised through Federal Register notice, of the newspaper of record to be utilized for publishing legal notice of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested it and to those who have participated in project planning. The Responsible Official gave annual notice in the Federal Register published on April 8, 2005, of newspapers of record to be utilized for publishing notice of proposed actions and of decisions subject to appeal under 36 CFR part 215.5 and for publishing notice of opportunities to object to proposed authorized hazardous fuel reduction projects under 36 CFR part 218.4. The list of newspapers to be used for 215 notice and decision and 218 notice of objection opportunities is as listed in the SUPPLEMENTARY INFORMATION section of this notice with no changes from the April 8, 2005, publication.

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) Modoc County Speaker, and Tehama County Speaker, (5) Sub-Committee Reports, (6) Chairman's Perspective, (7) General Discussion, (8) County Update, (9) Next Agenda.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Farm Service Agency (FSA) and the Commodity Credit Corporation (CCC) to request an extension and revision of a currently approved information collection. This information collection is used to support payment eligibility and payment limitation determinations for multiple programs including the Conservation Reserve Program, Price Support Programs, the Direct and Counter-Cyclical Program authorized by the Farm Security and Rural Investment Act of 2002, and the Noninsured Crop Disaster Assistance Program.

In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is soliciting public comment on a proposed information collection. The proposed collection is a revision of a collection currently approved under OMB No. 0584-0025, Civil Rights Title VI Collection ReportsForms FNS-191 and FNS-101, for the Commodity Supplemental Food Program, the Food Distribution Program on Indian Reservations, and the Food Stamp Program.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that established procedures for exempting handlers from quality requirements, including maximum limits for quality defects and minimum size, prescribed 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). These procedures will be used by the committee in considering handler requests for exemptions from minimum quality testing requirements and when considering revocations of such exemptions. Additionally, this final rule continues in effect the establishment of an appeals process for handlers who have been denied an exemption or had an approved exemption revoked.

The National Sheep Industry Improvement Center announces that it is accepting nominations for the Board of Directors of the National Sheep Industry Improvement Center for three voting directors' positions whose terms expire on February 13, 2006. Two positions are for members who have expertise in finance and management and one position is for an active producer of sheep or goats. Board members manage and oversee the Center's activities. Nominations may only be submitted by National organizations that consist primarily of active sheep or goat producers in the United States and who have as their primary interest the production of sheep or goats in the United States. Nominating organizations should submit: (1) Substantiation that the nominating organization is national in scope, (2) The number and percent of members that are active sheep or goat producers, (3) Substantiation of the primary interests of the organization, and (4) An Advisory Committee Membership Background Information form (Form AD-755) for each nominee. This action is taken in accordance with 7 U.S.C. 2008j(f) which establishes the powers and composition of the Board of Directors for the National Sheep Industry Improvement Center.

The Forest Service will prepare an environmental impact statement to designate a portion of the inventoried routes on the Eldorado National Forest open to public off-highway wheeled motor vehicle \1\ use, and assign the type of use(s) and season of use allowed on each road and trail or portion thereof. Inventoried routes not selected for designation for public off-highway wheeled motor vehicle use will be closed to public wheeled motor vehicles year round. Eldorado National Forest maintenance level 3, 4, and 5 system roads subject to the Federal Highway Safety Act are currently designated open to highway legal vehicles. The Forest Supervisor will not propose to redesignate these roads for off-highway wheeled motor vehicles. The Rock Creek multi-use trail area on the Eldorado National Forest is not affected by this decision and is outside the scope of the project.

In order to provide additional water storage capacity for a growing population in the Grand Junction Area, Ute Water Conservancy District (UWCD) is proposing to enlarge Hunter Reservoir while also addressing dam safety issues. The existing reservoir is 16 surface acres. The proposed expanded reservoir would be approximately 80 surface acres.

The Ravalli County Resource Advisory Committee will be meeting to discuss 2005 projects elected monitors. 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.

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 Nez Perce and Clearwater National Forests' North Central Idaho Resource Advisory Committee will meet Tuesday, November 15, 2005, in Orofino, Idaho for a business meeting. The meeting is open to the public.

We are adopting as a final rule, with changes, an interim rule that amended the regulations by establishing a certification program for articles of Pelargonium spp. and Solanum spp. imported from countries where the bacterium Ralstonia solanacearum race 3 biovar 2 (R3B2) is known to occur. The interim rule prohibited the importation of articles of Pelargonium spp. and Solanum spp. from countries where R. solanacearum R3B2 is known to occur unless the articles are produced in accordance with the certification program. This final rule amends the regulations by modifying some of the requirements of the certification program to make them clearer and more flexible, by providing for the establishment of areas that are free of R. solanacearum R3B2 within countries where the bacterium is known to occur, and by exempting imported seeds of Pelargonium spp. and Solanum spp. from all requirements related to R. solanacearum R3B2. The requirements of the certification program are designed to ensure that R. solanacearum R3B2 will not be introduced into the United States through the importation of articles of Pelargonium spp. and Solanum spp. This certification program is necessary to prevent the introduction of this bacterial strain into the United States.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect one recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) on March 3, 2005. Consistent with the recommendation from the NOSB, this final rule revises the annotation of one substance on the National List, methionine, to extend its use in organic poultry production until October 21, 2008.

We are adopting as a final rule, without change, an interim rule that amended the bovine tuberculosis regulations regarding State and zone classifications by removing New Mexico from the list of modified accredited advanced States, adding portions of two counties in New Mexico to the list of modified accredited advanced zones, and adding the remainder of the State to the list of accredited-free zones. We took this action based on our determination that New Mexico met the requirements of the regulations for zone recognition and that one of the zones met the criteria for designation as accredited-free.

The Lake County Resource Advisory Committee (RAC) will hold a meeting.

The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the anticipated environmental effects of the Durango Mountain Resort (DMR) 2004 Master Development Plan. The MDP includes plans to upgrade and expand DMR within the existing Special Use Permit (SUP) area to achieve a balance of guest service facilities and skiing opportunities with existing and proposed visitation, thereby enhancing the quality of the recreation experience. Additionally, the proposal includes plans to upgrade and increase the multiple use trails network on NFS lands, due to the displacement of multiple use trails on private lands from approved DMR base area development; and develop a trailhead to include toilet facilities and parking on the east side of Highway 550, outside of DMR's SUP area. The major aspects of the Proposed Action include: Replace existing lifts 2 and 8 with higher capacity lifts along their existing alignments, and shorten Lift 6 along its same alignment while utilizing the same lift equipment. Install one six-person lift (Lift 11), five three or four- person chairlifts (lifts 12, 13, 14, 16 and 17), one surface beginner lift (Lift 15), and four lateral surface (transfer liftsT1, T2, T2' and T3). Construct new roads to access Lift 11 top terminal (1,000 feet), Lift 2 bottom terminal (250 feet), Lift 14 top terminal (800 feet), and Lift 16 bottom terminal (200 feet). Bury power line from the top of Lift 4, down Salvation trail to the base of Lift 11, and along lifts T2, T2' and T3 to service new lifts. Create 17 new trails primarily in the areas associated with new lifts to improve the overall terrain distribution by skier ability level and to better meet the skier market demand. Improve four trails within the existing trail network and develop one gladed area and one tree skiing area with 20 percent tree thinning. Re-route the existing snowmobile access route. Install snowmaking infrastructure, make snow on the first 400 feet of the proposed re-route, and groom the re-route periodically to create a smooth ridable surface for snowmobile riders of all ability levels. Develop a snowmobile parking/staging area along Hermosa Park Road, north of Purgatory Village on the west side of Highway 550, which would accommodate cars, trucks, and trailers. Relocate the existing snowmobile outfitter and guide to the top of the Twilight Lift (Chair 4). Expand snowmaking coverage on 14 existing trails and two proposed trails (detailed below) by approximately 149 acres for a resort total of 364 acres.

The Commodity Credit Corporation (CCC) is issuing this notice which sets forth the establishment and adjustments to the sugar overall allotment quantity for the 2004 crop year (FY 2005) which runs from October 1, 2004, through September 30, 2005. Although CCC already announced all of the information in this notice, CCC is statutorily required to publish in the Federal Register determinations establishing or adjusting sugar marketing allotments. CCC set the 2004-crop overall allotment quantity (OAQ) of domestic sugar to 8.100 million short tons raw value (STRV) on July 16, 2004. On September 28, 2004, CCC allocated the allotments to cane-producing States and allocations to cane and beet sugar processors. On April 29, 2005, CCC revised State cane sugar allotments and cane sugar processor allocations to reflect updated FY 2005 raw cane production forecasts. On June 30, 2005, CCC further revised State cane sugar allotments and cane sugar processor allocations to reflect updated raw cane production forecasts. On August 19, August 30 and September 9, 2005, CCC increased the 2004-crop OAQ by 250,000, 225,000 and 105,000 STRV, respectively, to release blocked refined beet sugar stocks into the tight summer market. Because the cane sector was unable to fulfill its share of the allotment increases on each occasion, the cane shortfall was reassigned first to the CCC inventory and then to imports, as required by the Agricultural Adjustment Act of 1938.