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

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 proposed construction of approximately 15.21 miles of 161 kilovolt (kV) electric transmission line in Warren County, Kentucky. EKPC is requesting the USDA Rural Development to provide financial assistance for the proposed project.

We propose to post one stockyard. We have received information that the stockyard meets the definition of a stockyard under the Packers and Stockyards Act and, therefore, needs to be posted. Posted stockyards are subject to the provisions of the Packers and Stockyards Act. We have posted seven stockyards. We determined that the stockyards meet the definition of a stockyard under the Packers and Stockyards Act and, therefore, have been posted. Four facilities, for which notices of proposed posting were announced, were not posted because they no longer meet the definition of a stockyard. These facilities were either abandoned or underwent a change so they no longer function as a stockyard. We are also deposting four stockyards. These facilities can no longer be used as a stockyard and, therefore, are no longer required to be posted.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection. This notice announces the Center for Nutrition Policy and Promotion's (CNPP) intention to request the Office of Management and Budget's approval of the information collection processes and instruments to be used during consumer research while testing nutrition education messages and materials developed for the general public. The purpose for performing consumer research will be to identify consumers' understanding of potential nutrition education messages and obtain their reaction to prototypes of nutrition education materials, including Internet-based materials. The information collected will be used to refine messages and materials to improve their usefulness as well as aid consumer understanding of all Dietary Guidelines for Americans and MyPyramid-related materials.

This document corrects the final rule published on June 6, 2006, amending the regulations for the Marketing Assistance Loan (MAL) and Loan Deficiency Payment (LDP) Program of the Commodity Credit Corporation (CCC). A correction is needed because an amendatory instruction inadvertently amended the wrong paragraphs.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule to bring the sections of the Peanut Promotion, Research and Information Order (Order), into conformity with changes that have occurred since the implementation of the Order with regard to the collection of assessments. This order is issued under the authority of the Commodity Promotion, Research and Information Act of 1996. This rule continues in effect changes to the Order provisions on assessments and the deletion of a number of obsolete definitions.

We are proposing to amend the National Poultry Improvement Plan (the Plan) and its auxiliary provisions by providing new or modified sampling and testing procedures for Plan participants and participating flocks. The proposed changes were voted on and approved by the voting delegates at the Plan's 2004 National Plan Conference. These changes would keep the provisions of the Plan current with changes in the poultry industry and provide for the use of new sampling and testing procedures.

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 a certification program for imported articles of Pelargonium spp. and Solanum spp. to prevent the introduction of potato brown rot.

This interim final rule revises regulations at Title 36, Code of Federal Regulations, part 223, on noncompetitive disposal of timber and other forest products based on the Secretary of Agriculture's determination that extraordinary conditions exist. The rule will expand upon the 1996 interim final rule currently applicable to certain sales in Washington and Oregon. The 1996 interim final rule defines extraordinary conditions to mean those circumstances where a contract must be changed to prevent environmental degradation or resource damage, or as the result of administrative appeals, litigation, court orders, or catastrophic events and applies throughout the National Forest System. This rule permits, without advertisement, timber or forest products from outside the area specified in the contract to replace material deleted from the contract when such extraordinary conditions exist. Replacement material must come from the same national forest as the subject contract and the decision to replace must be made in compliance with all applicable laws and regulations. The value of replacement material may not exceed the value of the material it is replacing by more than 10% or $10,000, whichever is less, as determined by standard Forest Service appraisal methods. The intended effect of this rule is to reduce damage claims by offering replacement material of similar volume, quantity, value, access and topography in lieu of contract cancellations or partial cancellations.

The Dixie National Forest proposes specific commercial timber harvest, pre-commercial stand treatment, and fencing in the Pockets Project area. These actions will contribute to meeting the Dixie National Forest Land and Resource Management Plan (LRMP) goals and objectives and comply with the standards and guidelines set in the LRMP. Connected with the commercial timber harvest is road system modification, including changes in the forest road system, road construction, reconstruction, maintenance, and travel management. The proposed treatments are needed at this time due to a spruce bark beetle (Dendroctonus refipennis) epidemic. In some stands, beetle attacks have removal most of the live Engelman spruce trees greater than 12 inches diameter at breast height. Timely removal of insect infested spruce trees can reduce current tree mortality from spruce bark beetle. The development of diverse healthy stands can help reduce the risk and extent of future outbreaks. The Pockets Resource Management Project is located completely within public lands on the Dixie National Forest, Escalante Ranger District. It is approximately 22 miles northwest of Escalante, Utah. The 8,564 acre project area is located within the Antimony Creek, Coyote hollow-Antimony Creek, and pacer Lake watersheds. The project area is located between 8,712 and 10,243 feet above sea level within the Engelmann spruce/subalpine fir, Douglas-fir, and aspen forest cover types.

The Forest Service will prepare an environmental impact statement (EIS) to disclose the environmental effects of vegetation management, fuels reduction, watershed rehabilitation activities, wildlife habitat improvement, and access management changes, including road decommissioning. The project is located in the Grizzly planning subunit on the Three Rivers Ranger District, Kootenai National Forest, Lincoln County, Montana, and northeast of Troy, Montana.

On April 27, 2006, the Animal and Plant Health Inspection Service published a direct final rule. (See 71 FR 24806-24808.) The direct final rule notified the public of our intention to amend the animal importation regulations by adding Indiana to the lists of States approved to receive certain stallions and mares imported into the United States from regions affected with contagious equine metritis. We did not receive any written adverse comments regarding the addition of Indiana to those lists or written notice of intent to submit adverse comments in response to the direct final rule.

This rule revises the reporting and assessment requirements under the marketing order for Vidalia onions grown in Georgia (order). The order regulates the handling of Vidalia onions grown in Georgia and is administered locally by the Vidalia Onion Committee (Committee). This rule changes the reporting requirements for handlers from filing weekly shipment reports to monthly reporting. It also changes when assessments are due and how delinquent assessments are handled. This change is expected to benefit handlers without negatively affecting program compliance.

The San Bernardino National Forest is seeking public input and comment on a proposed animal park, which would be located near the Big Bear Discovery Center. The project is called the Moonridge Animal Park Relocation. The proposed action will be defined in the Special Use Permit application and draft Master Plan to be developed by Big Bear Valley Recreation and Parks District. A proposed Joint Venture Management Plan is a guiding document for the permit and the operating plan. The proposed concept design would occupy about 35 acres more or less of National Forest System (NFS) land. New facilities would include zoological and botanical gardens with habitat, education center, classrooms, animal exhibits, animal hospital and rehabilitation center, restrooms, retail and concession buildings, support buildings, and paved parking for approximately 250 cars.

The Natural Resources Conservation Service (NRCS) has prepared an Environmental Assessment (EA) for the Highland Lake Fish Passage Project, Westbrook, Maine. NRCS has found that the restoration of the Highland Lake Stream channel and alteration to the fishway would not result in a significant impact on the quality of the human environment, particularly when focusing on the significant adverse effects that NEPA is intended to help decision makers avoid and mitigate against. Therefore, NRCS has prepared a Finding of No Significant Impact (FONSI) in compliance with the National Environmental Policy Act (NEPA), as amended, and gives notice that an environmental impact statement is not being prepared.

the California Coast Provincial Advisory Committee (CCPAC) will meet on June 28, 2006, in Eureka, California. The purpose of the meeting is to discuss issues relating to implementing the Northwest Forest Plan (NWFP).

This is an attachment that was inadvertently left out of the notice that published on June 6, 2006. (71 FR 32504). For the readers convenience this goes with Attachment 1.

This rule finalizes the proposed provisions of a rule published on March 19, 2004 to amend Food Stamp Program regulations to codify Food Stamp Employment and Training (E&T) Program provisions of section 4121 of the Farm Security and Rural Investment Act of 2002 (the Farm Bill). This final rule establishes a reasonable formula for allocating the 100 percent Federal grant authorized under the Farm Bill to carry out the E&T Program each fiscal year. This final rule also codifies the Farm Bill provision that makes available up to $20 million a year in additional unmatched Federal E&T funds for State agencies that commit to offer an education/training or workfare opportunity to every applicant and recipient who is an able-bodied adult without dependents (ABAWD), limited to 3 months of food stamp eligibility in a 36-month period, who would otherwise be terminated. This final rule eliminates the current Federal cost-sharing cap of $25 per month on the amount State agencies may reimburse E&T participants for work expenses other than dependent care. This final rule codifies Farm Bill provisions that expand State flexibility in E&T Program spending by repealing the requirements that State agencies earmark 80 percent of their annual 100 percent Federal E&T grants to serve ABAWDs; they meet or exceed their fiscal year 1996 State administrative spending levels to access funds made available by the Balanced Budget Act of 1997; and the Secretary be given the authority to establish maximum reimbursement costs of E&T Program components. Lastly, this final rule rescinds the balance of unobligated funds carried over from fiscal year 2001.

The Siskiyou County Resource Advisory Committee (RAC) will meet in Yreka, California, June 19, 2006. The meeting will include routine business, and two presentations from the Salmon River Restoration Council and the Siskiyou Fire Safe Council on previously funded RAC grants.

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 the use of irradiation as a phytosanitary treatment of imported fruits and vegetables.

In this final rule the Rural Business-Cooperative Service (the Agency) amends existing regulations relating to Business and Industry (B&I) loans made or guaranteed by the Agency by modifying the provisions that address the evaluation of credit quality. Changes to these underwriting provisions were originally proposed on January 16, 2004. The scope of this final rule is more limited than originally proposed but also implements a change not originally discussed in the proposed rule. Specifically, in the case of the refinancing of USDA or other Federal agency debt only, the Agency is modifying the definition of tangible balance sheet equity to include the off balance sheet value of tangible assets to the extent of the difference between the depreciated book value of real property assets and their current market value supported by an appraisal or the original book value, whichever is less. In these limited cases, the adjusted tangible balance sheet equity will also include qualified subordinated debt owed to the owner. As stated above, these adjustments to the equity calculation will apply only in cases where the Agency is asked to guarantee a refinancing of outstanding debt currently owed to or guaranteed by a Federal agency, including the Small Business Administration. The intended effect of this action is to facilitate Agency guarantees of certain refinancing loans that otherwise would not meet the equity requirements because the financial statements prepared in accordance with generally accepted accounting principles do not reflect the current market value of real property assets owned by the borrower. In the case of all direct or guaranteed loan applications, the tangible net equity calculation may include a restricted universe of qualified intellectual property. The Agency is also increasing the equity requirements applicable to energy businesses.