Department of Agriculture February 2006 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intent of the Farm Service Agency (FSA) to request a new information collection to be used in support of the 2005 Section 32 Hurricane Disaster Programs. These programs consist of the Hurricane Indemnity Program (HIP), the Feed Indemnity Program (FIP), the Livestock Indemnity Program (LIP), and the Tree Indemnity Program (TIP).

We are reopening the comment period for our proposed rule that would make several changes to the nursery stock regulations. This action will allow interested persons additional time to prepare and submit comments.

The Agricultural Marketing Service (AMS) is soliciting comments on its proposal to revise the United States Standards for Grades of Bunched Italian Sprouting Broccoli. At a 2003 meeting of the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable standards for usefulness in serving the industry. The current U.S. grade standards do not have provisions for grading broccoli crowns and florets. The proposed revisions will allow crowns and florets to be certified to a United States grade.

This notice announces the Agricultural Marketing Service's (AMS) review of the National Dairy Promotion and Research Program (conducted under the Dairy Promotion and Research Order), using the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).

The Food Safety and Inspection Service (FSIS) is announcing changes in how it uses the results from its Salmonella verification sampling program for meat and poultry establishments to enhance public health protection. The Agency is also changing how it reports these results. These actions follow an April 2003 FSIS Federal Register Notice asking for public comment on whether and how Agency policy could be improved. This Notice responds to the comments received and presents the Agency's views on the issues raised in the 2003 Notice. FSIS will begin adding results from individual Salmonella verification sample tests to reports the Agency regularly makes to meat and poultry establishments that have asked to be informed of various test results. These Salmonella sample results will be sent to establishments as soon as they become available. FSIS will begin posting quarterly nationwide data for Salmonella, presented by product class, on the Agency Web site. Moreover, the Agency will assess each completed Salmonella sample set in light of either existing regulatory standards or recently- published baseline study results, as appropriate. FSIS expects to take follow-up action, which may include scheduling of another sample set or assessing the design and execution of the food safety system, based on how a plant's performance compares to the existing regulatory standard or nationwide baseline results and to the presence of serotypes of Salmonella that are common causes of human illness. To further encourage industry process control efforts, the Agency is providing a new compliance guideline containing information that FSIS has found to be relevant to control of Salmonella, particularly for poultry. FSIS intends to monitor closely the percent positive in verification samples month-by-month over the course of a full calendar year, beginning in 2006. After one year FSIS will evaluate these data, reassess how it reports Salmonella results for each class of products, and consider making additional changes in how it reports and publishes results.

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 Thursday, April 6, 2006 in Idaho Falls for a business meeting. The meeting is open to the public.

This final rule amends provisions of the producer-handler definitions of the Pacific Northwest and Arizona-Las Vegas orders as contained in the Final Decision published in the Federal Register on December 14, 2005. More than the required number of producers for the Arizona-Las Vegas and Pacific Northwest marketing areas approved the issuance of the orders as amended.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with official grade standards, is soliciting comments on the possible development of the United States Standards for Grades of Peppers (Other Than Sweet Peppers). At a meeting with the Fruit and Vegetable Industry Advisory Committee, AMS was asked to identify commodities that may be better served if grade standards are developed. The standards would provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of peppers that are not of the sweet pepper type.

This rule relaxes the minimum grade requirement for certain potatoes handled under the Colorado potato marketing order, Area No. 2. The Colorado Potato Administrative Committee, Area No. 2 (Committee), the agency responsible for local administration of the marketing order, recommended this rule. This rule changes the minimum grade from U.S. No. 1 to U.S. Commercial for varieties of long, red-skinned, yellow fleshed potatoes produced in Area No. 2 measuring from 1\1/2\-inch minimum diameter to 2\1/4\-inch maximum diameter (size B), and from 1- inch minimum diameter to 1\3/4\-inch maximum diameter. The change is intended to provide potato handlers with more marketing flexibility, growers with increased returns, and consumers with a greater supply of small specialty potatoes.

This proposed rule invites comments on removing the exception for yellow fleshed Finnish-type potatoes from the minimum quantity exemption paragraph of the handling regulations issued under the Idaho- Eastern Oregon potato marketing order. The marketing order regulates the handling of Irish potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon, and is administered locally by the Idaho-Eastern Oregon Potato Committee (Committee). A minimum quantity shipment exemption of up to 200 hundredweight is provided for yellow fleshed Finnish-type potatoes. Because yellow fleshed Finnish-type potatoes are no longer produced in the production area covered under the marketing order, the exemption is no longer necessary.

On November 1, 2005, the USDA Forest Service published a notice of newspapers to be used for publication of Legal Notices under 36 CFR part 217 and corrections under 36 CFR part 215 and 36 CFR part 218 for the Southern Region. This notice corrects the listed newspapers for Kentucky as a result of the December 27, 2005 decision to re- organize the Daniel Boone National Forest from six (6) to four (4) districts. 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 notice in the Federal Register published on November 1, 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.

The Forest Service will prepare an environmental impact statement (EIS) on a proposal for a hazardous fuel reduction project to reduce the threat of wildfire to the communities of Saltese, Haugan, DeBorgia, and Cabin City in the St. Regis River drainage, Lolo National Forest, Superior Ranger District, Mineral County, Montana. This EIS will tier to the Lolo Forest Plan Final EIS (April, 1986).

This decision recommends adoption of proposals that would amend certain features of the Upper Midwest (UMW) Federal milk marketing order. Specifically, this decision recommends adoption of proposals that would deter the de-pooling of milk and increase the order's maximum administrative assessment rate.

This decision proposes amendments to Marketing Agreement Nos. 124 and 85 and Order Nos. 916 and 917 (orders), which regulate the handling of nectarines and peaches grown in California, and provides growers with the opportunity to vote in referenda to determine if they favor the changes. The amendments are based on those proposed by the Nectarine Administrative Committee (NAC), the Peach Commodity Committee (PCC), and the Control Committee (part of M.O. No. 917) (Committees), which are responsible for local administration of orders 916 and 917. The proposed amendments to order 917 only apply to peaches. The proposed amendments would: update definitions for ``handle'', ``grower'', and add a definition for ``pure grower'' to both orders; increase committee membership of the NAC from eight to thirteen members and modify sections of order 916 to conform to the increased membership; eliminate the Shippers Advisory Committee in order 916; allow the Control Committee under order 917 to be suspended if the provisions of one commodity are suspended and transfer applicable duties and responsibilities to the remaining Commodity Committee; authorize interest and late payment charges on assessments paid late in both orders; and other related amendments. The proposed amendments are intended to streamline and improve the administration, operation, and functioning of the orders.

The Federal Crop Insurance Corporation (FCIC) is reopening and extending the comment period for the interim rule that was published in the Federal Register on Wednesday, November 30, 2005 (70 FR 71749- 71751). The interim rule amended the Common Crop Insurance Regulations, Basic Provisions to implement the requirements of section 780 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (2006 Appropriations Act) regarding written agreements and the use of similar agricultural commodities. This action will allow interested persons additional time to prepare and submit comments.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is establishing voluntary United States Standards for Grades of Field Grown Leaf Lettuce. The standards will provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of field grown leaf lettuce.

The USDA Forest Service (Forest Service) will prepare an environmental impact statement (EIS) to analyze and disclose the potential environmental consequences for a proposed recreation complex development. The proposed Middle Kyle Complex is located on the Spring Mountains National Recreation Area (NRA) of the Humboldt-Toiyabe National Forest, approximately 35 miles northwest of Las Vegas, Nevada. The Forest Service is considering the construction and operation of new recreational opportunities and facilities within the middle Kyle Canyon area in order to reduce the recreational pressure on sensitive species and their habitats within the upper Kyle and Lee Canyons. The project may include such facilities as a visitor center, commercial retail shops, amphitheater, picnic areas, campsites, administrative facilities, hiking/biking trails, equestrian trails, and off-highway vehicle (OHV) trails. Construction would begin approximately one year following the signing of the Record of Decision.

This document announces that the Agricultural Marketing Service (AMS) plans to review Marketing Order 925 (Grapes grown in a designated area of Southeastern California), Marketing Order 930 (Tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin), and Marketing Order 948 (Irish potatoes grown in Colorado) under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).

We are advising the public that the Animal and Plant Health Inspection Service has prepared a draft Exotic Fruit Fly Strategic Plan for fiscal years 2006 through 2010. We are making this draft strategic plan available to the public for review and comment.