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

We are adopting as a final rule, without change, an interim rule that amended the gypsy moth regulations by adding one county in Ohio, one county in West Virginia, and two counties in Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those counties. As a result of the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of the gypsy moth to noninfested States.

The Willamette Province Advisory Committee (PAC) will meet in Salem, Oregon. The purpose of the meeting is to discuss issues pertinent to the implementation of the Northwest Forest Plan and to provide advice to Federal land managers in the Province. The topics to be covered at the meeting include status of BLM Resource Management Plan revisions, review and status of wildfires in the Province, information presentation on Environmental Management Systems for National Forests, discussion of future meeting topics, and information sharing.

We are adopting as a final rule, without change, an interim rule that amended 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 the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was 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.

This rule amends regulations governing the cotton Marketing Assistance Loan Program of the Commodity Credit Corporation (CCC). The changes provide that bales of upland cotton pledged as collateral for CCC loans may be stored outside at warehouses approved by CCC subject to special storage, protection, receipting, and reporting requirements and loss of any applicable storage credits for the period stored outside. Second, the rule provides that producers or their agents may transfer cotton loan collateral to another approved location. Third, the rule provides limits on the amount of storage credits provided to producers when an upland cotton marketing assistance loan is repaid. Fourth, the rule requires ginned cotton to meet the definition of good condition and not be wet cotton in order to be eligible for a CCC loan. Fifth, this rule requires any unpaid warehouse compression charges to be billed to producers on loan cotton collateral that is delivered to CCC in satisfaction of the loan obligation. Sixth, this rule defines a minimum acceptable shipping standard for cotton warehouses. This rule also corrects and clarifies the Marketing Assistance Loan (MAL) and Loan Deficiency Payment (LDP) Program regulations of CCC regarding loss of beneficial interest in commodities delivered to certain facilities engaged in storing and handling commodities under those programs.

This document amends the delegations of authority from the Secretary of Agriculture to the Under Secretary for Farm and Foreign Agricultural Services (FFAS) and to the Administrator, Farm Service Agency (FSA), to implement cooperative agreements for Conservation Programs carried out by FSA and to implement the Grassroots Source Water Protection Programs as authorized by section 1240O of the Food Security Act of 1985 (1985 Act).

Pursuant to the Federal Advisory Committee Act (5 U.S.C. App. II), we are giving notice of a meeting of the Secretary's Advisory Committee on Foreign Animal and Poultry Diseases.

The Eastern Arizona Counties Resource Advisory Committee will meet in Overgaard, Arizona. The purpose of the meeting is to evaluate project proposals for possible funding in accordance with Pub. L. 106- 393 (the Secure Rural Schools and Community Self-Determination Act).

This rule would decrease the assessment rate established for the Administrative Committee for Pistachios (committee) for the 2006-07 and subsequent production years from $0.0014 per pound of assessed- weight pistachios to $0.0007 per pound of assessed-weight pistachios. The committee, which locally administers the marketing order regulating the handling of pistachios grown in California, made this recommendation for the purpose of lowering the monetary reserve to ensure that the reserve is maintained at a level consistent with order requirements. Assessments upon commodity handlers are used by the committee to fund reasonable and necessary expenses of the program. The production year begins September 1 and ends August 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Department of Agriculture (USDA) is adopting, as a final rule, with correcting changes, an interim final rule to increase the assessment rate on handlers and importers of potatoes from 2 cents to 2.5 cents per hundredweight. The increase is authorized under the Potato Research and Promotion Plan (Plan). The Plan is authorized by the Potato Research and Promotion Act (Act). In order to sustain the three major programs currently conducted by the National Potato Promotion Board (Board), International Marketing, Domestic Marketing (which includes retail marketing), and a nutrition campaign at their present levels beyond June 2006, additional revenue is required.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and the Secure Rural Schools and Community Self- Determination Act of 2000 (Pub. L. 106-393), the Beaverhead-Deerlodge National Forest's Madison-Beaverhead Resource Advisory Committee will meet on Wednesday, September 20, 2006, from 10 a.m. until 4 p.m. in Ennis, Montana, for a business meeting and a field trip. The meeting is open to the public.

We are adopting as a final rule, without change, an interim rule that amended the user fee regulations by adjusting the fees charged for certain agricultural quarantine and inspection (AQI) services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. Prior to the interim rule, user fees had not been adjusted since October 1, 2001. Due to the events of September 11, 2001, and the resulting increased security concerns, a greater volume and variety of cargo entering the United States is being inspected. We determined that the fee adjustments were needed to recover the costs of this increased inspection activity and to account for routine inflationary increases in the cost of doing business. The adjusted AQI user fees cover fiscal years 2005 through 2010.

This action removes regulations that have been rendered obsolete by expiration of their statutory authority and the ending of the programs they governed. There are no impacts on past or current program operations.

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 Black Hills National Forests' Crook County Resource Advisory Committee will meet Monday, September 11th, 2006 in Sundance, Wyoming for a business meeting. The meeting is open to the public.

We are amending the regulations to allow untreated oranges, tangerines, and grapefruit from Mexico to be moved overland by truck or rail to Corpus Christi and Houston, TX, for export to another country by water. We are taking this action in response to requests by the port authorities of Corpus Christi and Houston, TX. We are also requiring that untreated oranges, tangerines, and grapefruit from Mexico transiting the United States for export to another country be shipped in sealed, refrigerated containers and insect-proof packaging and via routes that avoid citrus production areas. We are taking this action to provide additional protection against the possible introduction of fruit flies via untreated oranges, tangerines, and grapefruit from Mexico that transit the United States.

We are amending 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. We are amending these regulations upon request in order to provide the State of Hawaii with additional waste disposal options, and after determining that the action is highly unlikely to result in the introduction and dissemination of plant or animal pests or diseases into the continental United States from Hawaii. We are also making other amendments to the garbage regulations to clarify their intent and make them easier to understand.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in practice standards: 328, Conservation Crop Rotation, 329, Residue and Tillage Management No Till/Strip Till/Direct Seed, 345, Residue and Tillage Management Mulch Till, 528, Prescribed Grazing and 612, Tree/Shrub Establishment. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.

In accordance with the Secure Rural Schools and Community Self Determination Act of 2000 (Pub. L. No. 106-393) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of Agriculture, Forest Service, Davy Crockett National Forest Resource Advisory Committee (RAC) meeting will meet on September 21, 2006.

The Natural Resources Conservation Service (NRCS) has prepared a Final Environmental Impact Statement consistent with the National Environmental Policy Act of 1969, as amended, to disclose potential effects to the human environment resulting from proposed flood-control improvements to Coal Creek in Cedar City, Utah. The section of Coal Creek that traverses Cedar City, Utah, has channel stability and capacity deficiencies that pose a threat to existing infrastructure and development due to flooding. The NRCS proposes to modify the Coal Creek channel to safely convey floodwaters from a 100-year flood event. Also as part of this project, Cedar City proposes to improve and expand an existing parkway along Coal Creek to enhance aesthetic values and provide recreational opportunities for community residents and visitors. The Final EIS presents detailed analyses for three alternatives. Alternative ANo Action, would continue the frequency and level of dredging and other management actions as they are currently planned. Existing channel and structural deficiencies would not be corrected. Recreational opportunities associated with the creek would remain as they currently exist. Because of the purpose and need of the project, several proposed elements are common to both of the action alternatives (Alternatives B and C). Both action alternatives include modifying channel cross sections, altering the stream gradient in particular sub-reaches, stabilizing actively eroding banks, and constructing levees. Bank stabilization would be accomplished by laying the river banks back to a stable slope that supports channel stabilization methods and then armoring the banks via the use of rock (riprap), vegetation, soil cement, erosion control fabric, or some combination of these items. Existing riparian habitat and vegetation would be preserved on the streambanks, where possible. It is anticipated that both sides of the channel would be armored with riprap through the suburban corridor from Center Street to I-15 to prevent bank erosion from high stream velocities during flood events. Elements unique to each action alternative are listed below. Alternative BRelocate Main Street Diversion, would remove the Main Street diversion/drop structure currently in use and relocate it to near 200 East. Implementation of this alternative would require approximately 3,550 feet of pipeline to be installed, flood and slope/ grading-related channel modifications from Center Street to I-15, and the continuation of periodic dredging as necessary. A sedimentation basin would be constructed to remove gravels from diverted irrigation water. The Woodbury diversion/drop structure would be reconstructed. Under this alternative, the parkway would be extended west to Airport Road and landscaped. Parkway Option B1 proposes a crosswalk at the Main Street Bridge. Parkway Option B2 proposes to access existing sidewalks from the pedestrian bridge at 400 North to cross Main Street and avoid additional property acquisition. Alternative CReplace Main Street Diversion, would replace the Main Street diversion/drop structure by constructing a new structure that would have approximately half the drop. Implementation of this alternative would require the installation of approximately 4,900 feet of pipeline, flood and slope/grading-related channel modifications from Center Street to west of I-15, and the continuation of periodic dredging as necessary. Two sedimentation basins would be constructed to remove gravels from diverted irrigation water. Additionally, the Woodbury diversion/drop structure would be reconstructed to allow for the safe passage of floodwaters. Under this alternative, the parkway would be extended to Airport Road and landscaped. In addition, a historic pedestrian truss bridge would be removed to prevent channel constriction and potential flooding. Parkway Option C1 would construct an elevated pedestrian pathway under the Main Street Bridge. Parkway Option C2 would construct a large box culvert for pedestrian use just north of the bridge and under Main Street. In response to public comment on the Draft EIS and to alleviate localized flooding tied to Coal Creek discharge levels, an additional option (the North Field Canal Option) was analyzed in the Final EIS. Under Alternative C, this option would construct a subgrade pipeline for several hundred feet along the southern portion of the North West Field Canal. It would traverse undeveloped city-owned property west of the Cedar City Cemetery, and follow the North Field Canal corridor from a point just south of 900 North Street to 1045 North Street. Water would be piped east and west along 1045 North Street to both the Union Field and Northwest Field Canals. As required by the NRCS for water projects, the National Economic Development (NED) benefit-cost process was used to determine benefit- cost ratios for each alternative. All of the action Alternative/Option combinations have a benefit-cost ratio of 1.9:1 and are all considered viable NED Alternatives. The sole exception to this is Alternative C when coupled with Parkway Option C2 and the North Field Canal Option, which has a benefit-cost ratio of 1.8:1. This indicates that the costs and benefits of all of the alternatives are relatively consistent. Under CEQ regulations and the NRCS National Environmental Compliance Handbook, Section 610.38Distribution and Publication of Environmental Documents, a Record of Decision (ROD) cannot be prepared until the Final EIS has been available to the public for at least 30 days. Comments will be accepted on the FEIS during this period. Following this review period, notice of the ROD's availability will be published in the Federal Register. Effective Date: September 1, 2006.

Okhissa Lake is a recreational complex currently under development on the Homochitto National Forest, located near Bude, Mississippi. The lake will be open for use by the public for boating and fishing between July and November 2007. The exact opening date will depend on completing work on infrastructure needed to support fishing (restrooms, boat launch, parking lots, etc.). Other recreational day- use activities (swimming, picnicking) will be available later as amenities to accommodate them are added. The Forest Service proposes to charge $5 per vehicle for access to all day-use activities (boat launching, swimming, and picnicking). Fees will not be charged until infrastructure needed to support an activity is available for use by the public. A $50 annual pass will also be available for purchase by the public. The annual pass would allow 12-month access to all day-use activities (boat launching, swimming, and picnicking). Opportunities for developed and primitive camping will be available in the future as work needed to accommodate these activities is complete. When available, the Forest Service will charge $13 for developed camping and $7 for primitive camping. Funds received from these fees will be used for continued operation and maintenance of the recreational complex and allow additional amenities to be added in the future. Funds will also be used to enhance or restore fisheries habitat of the lake.

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 Unshu oranges from Kyushu Island, Honshu Island, and Shikoku Island, Japan.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service (RUS), 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.

The Fremont and Winema Resource Advisory Committee (RAC) will conduct field meetings on September 7 and September 8, 2006. The purpose of the field meetings is to visit current and future RAC projects, located in Lake and Klamath County, Oregon, in order to review and evaluate project progress and implementation status. These projects have been authorized under the provisions of title II of the Secure Rural Schools and Community Self-Determination Act of 2000.