Department of Agriculture May 2006 – Federal Register Recent Federal Regulation Documents
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Interstate Movement of Garbage From Hawaii; Municipal Solid Waste
We are reopening the comment period for our proposed rule that would amend the regulations pertaining to certain garbage to provide for the interstate movement of garbage from Hawaii subject to measures designed to protect against the dissemination of plant pests into noninfested areas of the continental United States. This action will allow interested persons additional time to prepare and submit comments.
United States Standards for Grades of Greenhouse Tomatoes
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 Greenhouse Tomatoes. AMS is proposing to revise the standards to allow that percentages of defects and size classifications be determined by count rather than weight. This would result in a revision of the following sections of the standards: Tolerances, Size Classification, Standard Pack, Damage, and Serious Damage sections. Additionally, AMS is proposing to delete the ``Unclassified'' section, add moldy stems as a damage defect, and add a scoring guide for damage and serious damage for skin checks. The proposed revisions would bring the standards for greenhouse tomatoes in line with current marketing practices, thereby improving their usefulness in serving the industry.
Notice of Intent To Seek OMB Approval To Collect Information, Forms Pertaining to the Peer Review of ARS Research Projects
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995 and OMB implementing regulations. The Department is soliciting public comments on the subject proposal.
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) Discussion of Funding Projects for next year, (5) Chairman's Perspective, (6) General Discussion, (7) Next Agenda.
Office of Procurement and Property Management; Proposed Collection; Comment Request Concerning Collection of Acquisition Information
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Office of Procurement and Property Management (OPPM) intends to submit to the Office of Management and Budget (OMB) a request to review and approve an extension of five currently approved information collections related to the award of, or performance under, USDA contracts. OPPM invites comment on these information collections. These information requirements are currently approved by OMB for use through November 30, 2006.
Requirements for Requests To Amend Import Regulations
We are establishing regulations governing the submission of requests for changes in our regulations that restrict the importation of plants, plant parts, and plant products. We are taking this action because, despite existing non-regulatory guidance on the submission of requests, few applicants provide the basic information we require to properly consider their requests. The new regulations will help ensure that we are provided with the information we need to prepare a risk analysis and/or other analyses that evaluate the risks and other effects associated with a proposed change to the regulations. This information is needed for us to effectively consider the request, and submission of the information at the time the request is made allows us to proceed with our consideration of the request in a timely manner.
Appeal Procedures
In an interim rule that was published on July 27, 2005, and made effective on August 26, 2005, the Farm Service Agency (FSA) amended the regulations for informal agency appeals to make conforming and clarifying changes. This rule adopts the interim rule with some minor clarifying amendments.
Onions Grown in South Texas; Hearing on Proposed Amendment of Marketing Agreement No. 143 and Order No. 959
Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Agreement No. 143 and Order No. 959 (order), which regulate the handling of onions grown in South Texas. Four amendments are proposed by the South Texas Onion Committee (committee), which is responsible for local administration of the order. These proposed amendments would: Add authority to the order to establish supplemental assessment rates on specified containers; authorize interest and late payment charges on assessments not paid within a prescribed time period; add authority for the committee to engage in marketing promotion and paid advertising activities; and authorize container marking requirements on containers of onions prior to shipment. Three additional amendments are proposed by the Agricultural Marketing Service (AMS). These amendments would: (1) Require that a continuance referendum be conducted every six years to determine grower support for the order; (2) limit the number of consecutive terms of office a member can serve on the committee; and (3) make such changes as may be necessary to the order to conform with any amendment thereto that may result from the hearing. The proposals are intended to provide the industry with additional tools to aid in the marketing of onions and to improve the operation and administration of the order.
Raisins Produced From Grapes Grown in California; Decreased Assessment Rate
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Raisin Administrative Committee (Committee) for the 2005-06 and subsequent crop years from $11.00 to $7.50 per ton of free tonnage raisins acquired by handlers, and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The Committee locally administers the Federal marketing order which regulates the handling of raisins produced from grapes grown in California (order). Assessments upon raisin handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year runs from August 1 through July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Proposed Changes to the Natural Resources Conservation Service's National Handbook of Conservation Practices
Notice is hereby given of the intention of NRCS to issue a series of new or revised conservation practice standards in its National Handbook of Conservation Practices. These standards include: ``Above Ground, Multi-Outlet Pipeline (Code 431),'' ``Irrigation System, Microirrigation (Code 441),'' ``Pond Sealing or Lining Flexible Membrane (Code 521A),'' ``Land Reclamation, Abandoned Mine Land (Code 543),'' ``Land Reclamation, Currently Mined Land (Code 544),'' and ``Watering Facility (Code 614).'' NRCS State Conservationists who choose to adopt these practices for use within their States will incorporate them into Section IV of their respective electronic Field Office Technical Guides (eFOTG). These practices may be used in conservation systems that treat highly erodible land, or on land determined to be wetland.
Disregard of Overpayments in the Child and Adult Care Food Program, National School Lunch Program and School Breakfast Program
This final rule implements a provision of the Child Nutrition and WIC Reauthorization Act of 2004 by creating uniform regulations related to the disregard of overpayments in the National School Lunch Program (NSLP), School Breakfast Program (SBP), and Child and Adult Care Food Program (CACFP). As a result, this rule codifies longstanding policy related to the disregard of overpayments in the NSLP and SBP, and revises CACFP regulations by increasing the threshold for the disregard of overpayments determined in management evaluations, reviews or audits in a fiscal year to be consistent with the NSLP and SBP.
Notice of Lincoln County Resource Advisory Committee Meeting
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 Kootenai National Forest's Lincoln County Resource Advisory Committee will meet on Wednesday June 7, 2006 at 6 p.m. at the Forest Supervisor's Office in Libby, Montana for a business meeting. The meeting is open to the public.
East Kentucky Power Cooperative: Notice of Availability of an Environmental Assessment
The Rural Utilities Service, an agency which administers the U.S. Department of Agriculture's Rural Development Utilities Programs (USDA Rural Development) proposes to prepare an Environmental Assessment (EA) related to possible financial assistance to East Kentucky Power Cooperative (EKPC) for the construction of approximately 19 miles of double circuit 345/138 kilovolt (kV) electric transmission line and two 345 kV electric transmission substations. The proposed transmission line and substation projects would be located in Clark County, Kentucky. EKPC is requesting USDA Rural Development to provide financial assistance for the proposed project.
Storage, Handling, and Ginning Requirements for Cotton Marketing Assistance Loan Collateral
This rule proposes amending regulations governing the cotton Marketing Assistance Loan Program of the Commodity Credit Corporation (CCC) that is authorized by the Farm Security and Rural Investment Act of 2002 (2002 Act). The major proposed regulatory changes would impact the administration of the program by amending regulations governing: The outside storage of upland cotton pledged as collateral for CCC loans; the certification provided by approved ginners to produce bales that are compliant with CCC loan eligibility requirements; the reconcentration and transfer of upland cotton pledged as collateral for CCC loans; and the storage credit provided to producers when an upland cotton marketing assistance loan is repaid.
Notice of Intent To Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Britannia Mills Ltd, New York, NY, an exclusive license to U.S. Patent Application Serial No. 10/730,208, ``Methods of Improving Shrink- Resistance of Natural Fibers, Synthetic Fibers, or Mixtures Thereof, or Fabric or Yarn Composed of Natural Fibers, Synthetic Fibers, or Mixtures Thereof'', filed on December 8, 2003.
Notice of Request for Extension of Approval of an Information Collection; Recognition of Animal Disease Status of Regions in the European Union
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 associated with regulations for importation of breeding swine, pork and pork products, and swine semen from a specified region of the European Union.
Notice of Request for Extension of Approval of an Information Collection; Plant Pest, Noxious Weed, and Garbage 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 associated with plant pest, noxious weed, and garbage regulations.
Notice of Request for Approval of an Information Collection; Beetle Busters Survey; Asian Longhorned Beetle Cooperative Eradication Program
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate a new information collection activity, titled Beetle Busters Survey, associated with the Asian longhorned beetle cooperative eradication program.
Notice of Request for Approval of an Information Collection; Swine 2006 Study
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate a new information collection activity to support the National Animal Health Monitoring System's national Swine 2006 Study.
Notice of Request for Extension of Approval of an Information Collection; Tuberculosis Testing of Imported Cattle
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 associated with regulations for tuberculosis testing of imported cattle.
Notice of Proposed Native Plant Material Policy, Forest Service Manual (FSM) 2070
The Forest Service is proposing to establish a new directive to Forest Service Manual (FSM) 2070 for native plant materials, which will provide direction for the use, growth, development, and storage of native plant materials. Public comment is invited and will be considered in development of the final directive. A copy of the proposed directive is available at https://www.fs.fed.us/rangelands/ whoweare/documents/FSM2070Final2062905.pdf.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2006-2007 Marketing Year
This rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2006-2007 marketing year. This rule increases the Native spearmint oil salable quantity from 1,007,886 pounds to 1,161,260 pounds, and the allotment percentage from 46 percent to 53 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.
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 pistachios grown in California, Marketing Order No. 983.
United States Standards for Grades of Tomatoes on the Vine
The Agricultural Marketing Service (AMS), of the Department of Agriculture (USDA) is soliciting comments on the proposed voluntary United States Standards for Grades of Tomatoes on the Vine. The proposed standards would provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of tomatoes on the vine (TOV).
United States Standards for Grades of Mushrooms
The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions of the United States Standards for Grades of Mushrooms. At a meeting with the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review the Fresh Fruit and Vegetable grade standards for usefulness in serving the industry. As a result, AMS has identified the United States Standards for Grades of Mushrooms for possible revision. AMS is considering proposed revisions that would allow the standards to be used for open veil types of mushrooms, include small, medium, and large size classifications for open veil types of mushrooms; revise the current size classifications (small to medium and large) as well as an addition of a button and jumbo size for the closed veil types of mushrooms; and eliminate the unclassified category. AMS is seeking comments regarding these changes as well as any other revisions that may be necessary to better serve the industry.
Blueberry Promotion, Research, and Information Order; Continuance Referendum
This notice directs that a referendum be conducted among the eligible producers and importers of blueberries to determine whether they favor continuance of the Blueberry Promotion, Research, and Information Order (Order).
Emergency Conservation Program
This interim final rule amends the regulations for the Emergency Conservation Program (ECP) to implement provisions of the Department of Defense, Emergency Supplemental Appropriation to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Pub. L. 109-149) (2006 Act) providing assistance to nursery, oyster, and poultry producers and non-industrial private forest landowners to rehabilitate public or private oyster reefs or farmland damaged by hurricanes during calendar year 2005.
Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee
The Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee will meet on Wednesday, June 7, 2006 and Wednesday, June 21, 2006 at the Okanogan and Wenatchee National Forests Headquarters Office, 215 Melody Lane, Wenatchee, WA. These meetings will begin at 9 a.m. and continue until 3 p.m. During these meetings Provincial Advisory Committee members will continue the collaboration process on forest plan issues relating to the preparation of a revised forest plan for the Okanogan and Wenatchee National Forests. All Eastern Washington Cascades and Yakima Province Advisory Committee meetings are open to the public.
Domestic Sugar Program-2005-Crop Cane Sugar and Sugar Beet Marketing Allotments and Company Allocations
This notice sets forth the establishment and adjustments to the sugar overall allotment quantity (OAQ) for the 2005-crop year (FY 2006) which runs from October 1, 2005 through September 30, 2006. 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 2005-crop OAQ to 8.600 million short tons raw value (STRV) on August 12, 2005. On August 19, 2005, CCC allocated the cane sector allotment to cane-producing States and cane processors and reassigned an expected cane supply shortfall of 120,000 STRV to imports. On September 29, 2005, CCC increased the OAQ to 8.825 million STRV and reassigned another 276,000 STRV of expected cane shortfall to imports. The next day, CCC announced the FY 2006 beet company allocations. On December 2, 2006, CCC reassigned another 450,000 STRV of an updated cane supply shortfall to imports. On February 2, 2006, CCC increased the OAQ to 9.350 million STRV and reassigned 500,000 STRV of the anticipated domestic supply deficit to imports. The revised FY 2006 cane state allotments and cane and beet sugar processor allocations were announced on March 22, 2006.
Availability of a Draft Pest Risk Assessment for Hass Avocados From Peru
We are advising the public that a draft pest risk assessment has been prepared by the Animal and Plant Health Inspection Service relative to a proposed rule currently under consideration that would allow the importation into the continental United States of fresh Hass avocados from Peru. We are making this draft pest risk assessment available to the public for review and comment.
Agency Information Collection Activities: Proposed Collection; Comment Request-Federal Claims Collection Methods for Food Stamp Program Recipient Claims
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This Notice of Proposed Information Collection announces the intent of the Food and Nutrition Service to revise and extend the information collection requirements associated with initiating and conducting Federal collection actions against households with delinquent food stamp recipient debts.
Hood/Willamette Resource Advisory Committee (RAC)
The Hood/Willamette Resource Advisory Committee (RAC) will meet on Friday, June 29, 2006. The meeting is scheduled to begin at 9 a.m. and will conclude at approximately 12 p.m. The meeting will be held at the Holiday Inn Express; 105 Opal Street, NE., Albany, Oregon; (541) 928-8820. The tentative agenda includes: (1) Recommendations on 2007 Projects; and (2) Public Forum. The Public Forum is tentatively scheduled to begin at 9:15 a.m. Time allotted for individual presentations will be limited to 3-4 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits for the Public Forum. Written comments may be submitted prior to the June 29th meeting by sending them to Designated Federal Official Donna Short at the address given below.
Plumas County Resource Advisory Committee (RAC)
The Plumas County Resource Advisory Committee (RAC) will hold a meeting on June 2, 2006, in Quincy, CA. The purpose of the meeting is to review final applications for the 6th and final cycle of funding under the Title 2 provisions of the Secure Rural Schools and Community Self- Determination Act of 2000. Selected projects will be recommended to the Plumas (PNF) or Lassen (LNF) National Forest Supervisor for funding.
Phytosanitary Certificates for Fruits and Vegetables Imported in Passenger Baggage; Availability of a Risk Assessment
We are advising the public that the Animal and Plant Health Inspection Service has prepared a risk assessment relative to a previously published proposal to require imported fruits and vegetables to be accompanied by a phytosanitary certificate. The risk assessment considers the plant pest risks associated with fruits and vegetables imported in passenger baggage and the probable impact of phytosanitary certification requirements. We are considering adopting only the proposed requirements that pertain to fruits and vegetables imported in air passenger baggage. We are making the risk assessment available to the public for review and comment.
Notice of Availability of Hurricane Disaster Assistance-Section 502 Guaranteed Loan Program
The Rural Housing Service, an agency within the USDA Rural Development mission area, provides housing loan guarantees to rural residents through its Section 502 Guaranteed Loan Program. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza Act, 2006 (Act), Pub. L. 109-148 (12/30/05) provides USDA Rural Development with additional authorities and resources to address the damage caused by hurricanes that occurred during the 2005 calendar year. The intent of this NOFA is to introduce a temporary Mortgage Recovery Advance Program for existing Section 502 Guaranteed Loan Program borrowers impacted by certain 2005 hurricanes.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended), the Rural Utilities Service an agency delivering the U.S. Department of Agriculture (USDA) Rural Development Utilities Programs, invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested.
Importation of Baby Corn and Baby Carrots From Zambia
We are amending the fruits and vegetables regulations to allow the importation into the continental United States of fresh, dehusked immature (baby) sweet corn and fresh baby carrots from Zambia. As a condition of entry, both commodities will be subject to inspection at the port of first arrival and will have to be accompanied by a phytosanitary certificate with an additional declaration stating that the commodity has been inspected and found free of the quarantine pest listed on the certificate. This action will allow for the importation of Zambian baby corn and baby carrots into the United States while continuing to provide protection against the introduction of quarantine pests.
Emerald Ash Borer; Quarantined Areas; Indiana, Michigan, and Ohio
We are amending the emerald ash borer regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.
Standards for Privately Owned Quarantine Facilities for Ruminants
We are amending the regulations for the importation of ruminants into the United States to establish standards for privately owned quarantine facilities. The regulations have authorized the establishment of privately operated quarantine facilities for ruminants, which are subject to approval and oversight by the Animal and Plant Health Inspection Service, but have not provided specific standards for the approval, operation, and oversight of such facilities, with the exception of privately operated quarantine facilities for sheep or goats. Based on recent interest in establishing such facilities for cattle, we are adding standards for privately owned quarantine facilities covering all ruminants to ensure that any facilities that may be approved for this purpose operate in a manner that protects the health of the U.S. livestock population.
Pine Shoot Beetle; Additions to Quarantined Areas; Wisconsin
We are amending the pine shoot beetle regulations by designating the State of Wisconsin, in its entirety, as a quarantined area based on the detection of new pine shoot beetle infested areas in the State, as well as its decision to no longer enforce intrastate movement restrictions. This action is necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.
Deschutes Provincial Advisory Committee (DPAC)
The Deschutes Provincial Advisory Committee will meet for a field trip on June 7, 2006 starting at 9 a.m. at the Sisters Ranger District, Pine Street and Hwy 20, Sisters, Oregon. Topics for discussion include Glaze Meadow Old Growth Restoration Project, the Sisters Area Fuels Reduction Project, Invasive Plants, B&B Fire Restoration Project, and Metolius Basin Vegetation Management Stewardship. A Public Forum will be available from 12:30 p.m. till 13 p.m. All Deschutes Province Advisory Committee Meetings are open to the public.
Notice of New Recreation Fee Site; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
Cherokee National Forest will begin charging a fee for overnight use at three campgrounds presently under construction at dispersed campsites 6, 7 and 8 in the Tellico River Corridor. Birch Branch Campground and Holder Cove Campground will be $10.00 per campsite per day. Rough Ridge Campground, which will accommodate small groups, will be $20.00 campsite per day. These developed campgrounds will facilitate overnight use along the Tellico River on the Tellico Ranger District of Cherokee National Forest. Fee revenue will support maintenance and operation of the campgrounds and future site improvements.
Availability of an Environmental Assessment for a Biological Control Agent for Old World Climbing Fern
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to the control of Old World climbing fern, Lygodium microphyllum. The environmental assessment considers the effects of, and alternatives to, the release of a nonindigenous gall mite, Floracarus perrepae, for the biological control of Old World climbing fern in Florida. We are making the environmental assessment available to the public for review and comment.
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