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

We are adopting as a final rule, with one change, an interim rule that amended the regulations by restricting the importation of pine shoot beetle host material into the United States from Canada. Under the regulations established by the interim rule, as amended by this document, pine nursery stock, as well as pine products that consist of pine bark or have pine bark attached, must meet certain requirements relating to documentation, treatment, handling, and utilization as a condition of importation into the United States from Canada. The interim rule was necessary to help prevent the introduction and spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.

The USDA Forest Service will prepare a Supplement to the Final Environmental Impact Statement (Supplement) for the 2002 Nebraska National Forest Revised Land and Resource Management Plan (as amended) (LRMP) for black-tailed prairie dog (Cynomys ludovicianus) management on the Nebraska National Forest and associated units (NNF). The NNF includes the Buffalo Gap and Fort Pierre National Grasslands in South Dakota and the Oglala National Grassland, Samuel R. McKelvie National Forest, and Nebraska National Forest in Nebraska. The proposed action is to amend current management direction in the LRMP to meet various multiple use objectives by: (1) Specifying the desired range of acres of prairie dog colonies that will be provided on the NFF; and (2) allowing use of toxicants if the acreage exceeds the desired range and or multiple use objectives.

We are adopting as a final rule, without change, an interim rule that amended the Japanese beetle quarantine and regulations by adding the State of Iowa to the list of quarantined States. That action was necessary to prevent the artificial spread of Japanese beetle into noninfested areas of the United States.

The National Advisory Committee on Meat and Poultry Inspection (NACMPI) will hold a public meeting on October 12-13, 2006, to review and discuss the following issues: (1) Using Risk to Direct In-Plant Inspection Activities in Processing Assignments, and (2) Using Risk in Slaughter Operations. Two subcommittees will also meet on October 12, 2006, to work on these issues after discussion during the full committee session.

The Agricultural Marketing Service (AMS) is revising the hourly fees charged for voluntary Federal meat grading and certification services performed by the Meat Grading and Certification (MGC) Branch. The hourly fees will be adjusted by this action to reflect the increased cost of providing service and to ensure that the MGC Branch operates on a financially self-supporting basis.

Roger A. Hansen, responsible Federal official for projects administered under the provisions of Public Law 83-566, 16 U.S.C. 1001- 1008, in the State of Missouri, is hereby providing notification that a record of decision to proceed with the installation of the East Locust Creek Watershed Revised Plan is available. Single copies of this record of decision may be obtained from Roger A. Hansen at the address shown below.

We recently amended the regulations to restrict the importation into the United States of live fish, fertilized eggs, and gametes of fish species that are susceptible to spring viremia of carp, a serious contagious viral disease of carp. That interim rule was scheduled to become effective on September 29, 2006. We are delaying that effective date by 30 days. This delay is needed to give importers and foreign exporters additional time to meet requirements of the rule.

An Opal Creek Scenic Recreation Area Advisory Council meeting will convene in Stayton, Oregon on Wednesday, October 25, 2006. The meeting is scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. The meeting will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: Trails Planning, Monitoring Plan and Pearl Creek Strategy Subcommittees reports and recommendations. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to the October 25th meeting by sending them to Designated Federal Official Paul Matter at the address given below.

We are issuing this interim rule to allow States to use an approved unique identifier as an alternative to a social security number or taxpayer identification number in their systems providing clear title information. We are making additional changes to the clear title regulations as required by amendments made by the 2002 Farm Bill. The primary effect of these changes will be to protect the identity of the producers of farm products. Secondary effects of the technical changes will be to improve the operation of the program and provide the States with more flexibility.

The Federal Crop Insurance Corporation (FCIC) is reopening and extending the comment period for the proposed rule published in the Federal Register on Friday, July 14, 2006 (71 FR 40194-40252). The proposed rule contains certain provisions to combine and provide revenue protection and yield protection within one standard crop insurance policy, and to improve prevented planting and other provisions to better meet the needs of insured producers. During the comment period, FCIC received comments that due to the complexity of the proposed changes, sixty days was not adequate to properly address all the issues. FCIC agrees that additional time is appropriate to ensure that all interested persons have time to fully review the proposed rule and provide meaningful comments.

We are amending the regulations to establish a voluntary program for the control of the H5/H7 subtypes of low pathogenic avian influenza in commercial poultry under the auspices of the National Poultry Improvement Plan (the Plan). The control program was voted on and approved by the voting delegates at the Plan's 2004 National Plan Conference. We are also providing for the payment of indemnity for costs associated with eradication of the H5/H7 subtypes of low pathogenic avian influenza in poultry. The H5/H7 subtypes of low pathogenic avian influenza can mutate into highly pathogenic avian influenza, a disease that can have serious economic and public health consequences. This combination of a control program and indemnity provisions is necessary to help ensure that the H5/H7 subtypes of low pathogenic avian influenza are detected and eradicated when they occur within the United States.

This notice is published in accordance with section 10(a)(2) of the Federal Advisory Committee Act. Meeting notice is hereby given for the Ouachita-Ozark Resource Advisory Committee pursuant to section 205 of the Secure Rural Schools and Community Self Determination Act of 2000, Public Law 106-393. Topics to be discussed include: General information, proposed new Title II projects, updates on current or completed Title II projects, renewal of committee member terms and committee member recruitment needs and, if appropriate, next meeting date and agenda.

The Smokey Bear Ranger District of the Lincoln National Forest intends to prepare an environmental impact statement to address the Perk-Grindstone III Hazardous Fuel Reduction Project on National Forest System lands in Lincoln County, New Mexico. The proposed project is located adjacent to or in the immediate vicinity of the Village of Ruidoso. The project area is bounded on the west and south by the Mescalero Apache Indian Reservation. The Village of Ruidoso is listed as a community at high risk from wildfire, as defined by the National Fire Plan of 2000 (NFP). The proposed project addresses this problem through hazardous fuel reduction and related forest health objectives, as directed by the NFP and as governed by all applicable laws and public policies. The project has been developed through local collaborative processes, continual public participation, and interdisciplinary design. It would involve up to approximately 4,730 acres of forest management treatments and integrated conservation measures within a gross project area of approximately 5,920 acres.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA), is proposing a revision to the voluntary United States Standards for Grades of Table Grapes (European or Vinifera Type). Two industry associations requested the standards be modified by adding a 10 percent allowance for shattered grapes in consumer containers for shipment that are en route or at destination. The standards provide industry with a common language and a uniform basis for trading, thus promoting the orderly and efficient marketing of European or Vinifera Type table grapes.

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 Washington Cherry Marketing Committee (Committee) for the 2006-2007 and subsequent fiscal periods from $0.75 to $0.50 per ton for Washington sweet cherries handled. The Committee locally administers the marketing order regulating the handling of sweet cherries grown in designated counties in Washington. Assessments upon sweet cherry handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.

This proposed rule would revise the United States Standards for Grades of Potatoes. These standards are issued under the Agricultural Marketing Act of 1946. The use of these grading standards is voluntary unless potatoes are under a marketing order that provides for certain requirements set forth in the grade standards or the potatoes are subject to import requirements under the Agricultural Marketing Agreement Act of 1937. The changes being proposed are the results of the detailed work performed by the Joint U.S./Canadian Potato Council that was charged with harmonizing the U.S. and Canadian Potato Grade Standards. The purpose for this revision is to update and revise the standards to more accurately represent today's marketing practices.

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 Monday September 25, 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.

The Department of Agriculture is adopting, as a final rule, with a change, an interim final rule revising the handling requirements for California nectarines and peaches by modifying the grade, size, maturity, and pack requirements for fresh shipments of these fruits, beginning with 2006 season shipments. This rule also continues in effect the authorization for continued shipments of ``CA Utility'' quality nectarines and peaches, the establishment of weight-count standards for Peento type nectarines in volume-filled containers, and the elimination of the varietal container marking requirements. The marketing orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule enables handlers to continue to ship fresh nectarines and peaches in a manner that meets consumer needs, increases returns to producers and handlers, and reflects current industry practices.

The Cooperative State Research, Education, and Extension Service (CSREES) is updating and making technical corrections to the administrative provisions for the National Research Initiative Competitive Grants Program (NRICGP). In addition, CSREES is revising 7 CFR 3411.3(d), the ``Eligibility requirements'' for NRICGP Postdoctoral Fellowships, New Investigator Awards, and Strengthening Awards, and 7 CFR 3411.4(c)(8), the Agency instructions to applicants preparing project budgets for NRICGP conference grants and postdoctoral fellowships. CSREES anticipates the changes to the eligibility requirements will increase the impact of the Agricultural Research Enhancement Awards, while the changes to the budget instructions will facilitate additional conference and postdoctoral fellowship awards.

Mountain Coal Company, LLC proposes the construction of one (1) ventilation shaft and one (1) emergency escape shaft (combined location) and the installation of up to 160 methane drainage wells located on up to 120 pads with up to 19 miles of associated access roads to vent explosive methane gas from their underground coal mine.

We are amending the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Wyoming from Class A to Class Free. We have determined that Wyoming meets the standards for Class Free status. This action relieves certain restrictions on the interstate movement of cattle from Wyoming.

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