Department of Agriculture 2005 – Federal Register Recent Federal Regulation Documents

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).

The Animal and Plant Health Inspection Service, USDA, is changing the colors of its employees' basic uniform to ensure our inspectors are easy to distinguish from personnel of other Federal agencies who are stationed at ports of entry. To offset the one-time cost to uniformed employees who must replace their existing uniforms, we are increasing, for one year only, our maximum uniform allowance rate for fiscal year 2006. We are publishing this notice in accordance with the civil service regulations regarding uniform allowances, which provide, among other things, that annual uniform allowances greater than $400 require public notice and comment.

This document withdraws a proposed rule published in the Federal Register March 18, 2003, which would have terminated the definition of ``substantial activity'' under the Hass Avocado Promotion, Research, and Information Order (Order). The proposed action was expected to increase the number of importers eligible to serve on the Hass Avocado Board (Board). Based on comments received and other available information, termination of the definition would not be appropriate at this time.

The Land Between The Lakes Advisory Board will hold a meeting on Thursday, November 3, 2005. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2. The meeting agenda includes the following: (1) Welcome/Introductions/Agenda. (2) Panel Discussion Between Incoming/Outgoing Members. (3) Recognition of Outgoing Members. (4) Orientation for Incoming Members. (5) Introduction of Nature Watch Demonstration Area Topic. The meeting is open to the public. Written comments are invited and may be mailed to: William P. Lisowsky, Area Supervisor, Land Between The Lakes, 100 Van Morgan Drive, Golden Pond, Kentucky 42211. Written comments received at Land Between The Lakes will be provided to the members.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that changed the container and reporting requirements 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 continues in effect the action prohibiting the handling of fresh market avocados in 20 bushel plastic field bins to destinations inside the production area. This rule also continues in effect the action requiring that handlers 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.

This partial final rule amends the Appalachian and Southeast marketing orders. Specifically, the final rule expands the Appalachian milk marketing area, eliminates the ability to simultaneously pool the same milk on the Appalachian or Southeast order and on a State-operated milk order that has marketwide pooling, and amends the transportation credit provisions of the Southeast and Appalachian orders. The amendments are based on record evidence of a public hearing held February 2004. More than the required number of dairy farmers approved the issuance of the amended orders.

Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Modoc National Forest's Modoc Resource Advisory Committee will meet Monday, November 7, 2005, January 9, 2006 and February 6, 2006 in Alturas, California for business meetings. The meetings are open to the public.

We are proposing to amend the regulations governing the importation of fruits and vegetables in order to allow certain types of peppers grown in approved registered production sites in Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua to be imported into the United States without treatment. The conditions to which the proposed importation of peppers would be subject, including trapping, pre- harvest inspection, and shipping procedures, are designed to prevent the introduction of quarantine pests into the United States. This action would allow for the importation of peppers from those countries in Central America while continuing to provide protection against the introduction of quarantine pests into the United States.

The Agencies are revising their disbursement of funds regulations. This action is necessary since existing regulations do not accurately reflect the current disbursement methodologies employed by the Agencies. The intended effect is to simplify and update the regulations; to eliminate reference to the obsolete Loan Disbursement System; clarify Federal Deposit Insurance Corporation (FDIC) and National Credit Union Administration (NCUA) insurance coverage; and eliminate reference to the now defunct Federal Savings and Loan Insurance Corporation (FSLIC). These amended regulations are to ensure the Agencies' field offices have current guidance on the disbursement methods available and supervised bank accounts.

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 Caribou-Targhee National Forests' Eastern Idaho Resource Advisory Committee will meet Wednesday, November 30, 2005 in Idaho Falls for a business meeting. The meeting is open to the public.

The Agricultural Marketing Service (AMS) is establishing a separate user-fee schedule for the Quality Systems Verification Programs (QSVP) and expanding the scope of the QSVP to include all agricultural products and services within the responsibility of the Livestock and Seed (LS) Program. A new part 62 is established for QSVP services. QVSP are a collection of voluntary, audit-based, user-fee programs authorized under the Agricultural Marketing Act of 1946. QSVP facilitate the global marketing and trade of agricultural products; provide consumers the opportunity to distinguish specific characteristics involved in the production and processing of agricultural products; and ensure that product consistently meets program requirements.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection of data for the School Lunch and Breakfast Cost Study-II in order to assess the adequacy of the Federal meal reimbursement rates.

We are advising the public of our determination that the Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc. 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, is no longer considered a regulated article under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc. in their petition for a determination of non-regulated 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 and our finding of no significant impact.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) is announcing that nominations are being sought for persons to serve on GIPSA's Grain Inspection Advisory Committee.

We are amending the bovine tuberculosis regulations to designate the Upper Peninsula of the State of Michigan as an accredited-free zone. We have determined that Michigan meets the requirements for zone recognition and that the Upper Peninsula meets the criteria for designation as an accredited-free zone. This action relieves restrictions on the interstate movement of cattle and bison from the Upper Peninsula.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to revise the United States Standards for Grades of Fresh Asparagus. At a 2003 meeting of the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable grade standards for usefulness in serving the industry. As a result, AMS has noted the current U.S. Grade standards do not have provisions for grading purple or white asparagus. The proposed revision will allow purple or white asparagus to be certified to a U.S. grade.

This rule continues in effect indefinitely a suspension of the minimum grade, quality, maturity, container, pack, inspection, assessment collection, and other related requirements prescribed under the South Texas melon (cantaloupes and honeydews) marketing order (order). It also continues in effect a suspension of reporting requirements under the order. These requirements were initially suspended for the 2004-05 fiscal period to allow the South Texas melon industry to evaluate the need for the marketing order. This action also suspends one remaining reporting requirement in effect. The order regulates the handling of melons grown in South Texas and is administered locally by the South Texas Melon Committee (Committee). On September 7, 2005, the Committee recommended termination of the order. This rule will relieve handlers of regulatory requirements while the Department of Agriculture (USDA) evaluates the Committee's recommendation to terminate the order.

This proposed rule would amend the Beef Promotion and Research Order (Order) established under the Beef Promotion and Research Act of 1985 (Act) to reduce assessment levels for imported beef and beef products based on revised determinations of live animal equivalencies and to update and expand the Harmonized Tariff System numbers and categories, which identify imported live cattle, beef, and beef products to conform with recent updates in the numbers and categories used by the U.S. Customs and Border Protection (USCBP).