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

This provides notice of the Federal Subsistence Board's action to provide winter subsistence harvest opportunities for lake trout, Dolly Varden, and rainbow trout in Tustumena Lake. The fishing opportunity in Tustumena Lake provides an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 29, 2006. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2006 regulatory year.

We are amending the regulations to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the United States. Some of the fruits and vegetables are already eligible for importation under permit, but are not specifically listed in the regulations. All of the fruits and vegetables, as a condition of entry, will be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables will be required to meet other special conditions. In one case, we are adding a systems approach that will provide an alternative to methyl bromide fumigation. These actions will provide the United States with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through imported fruits and vegetables.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services (HHS), are sponsoring a public meeting on January 23, 2007. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the Twentieth Session of the Codex Committee on Fats and Oils (CCFO) of the Codex Alimentarius Commission (Codex), which will be held in London, United Kingdom, from February 19-23, 2007. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 20th Session of CCFO and to address items on the agenda.

Notice is hereby given that the Dixie National Forest intends to prepare an environmental impact statement (EIS) for the Forest Service to establish a system of designated roads, trails and areas for motorized vehicle use, thereby developing a Motorized Travel Plan. A new Motorized Travel Plan is needed to improve the management and enforcement of motor vehicle use on these National Forest System lands and meet the requirements of national policy for travel management. This notice describes the components to be included in a new travel plan, decisions to be made, estimated dates pertaining to the project, information concerning public participation, and the names, address and roles of the agency officials involved. The project area is defined by the boundaries of Dixie National Forest, including the Pine Valley, Cedar City, Powell and Escalante Ranger Districts, as well as the Teasdale portion of the Fremont River Ranger District, now administered by the Fishlake National Forest. For the purpose of this notice, the Dixie National Forest will include the Fremont River Ranger District.

The Cascade Ranger District of the Boise National Forest will prepare an environmental impact statement (EIS) for a resource management project in the Gold Fork River drainage. The entire project is located in the watersheds that drain into the Gold Fork River, which in turn drains into Cascade Reservoir. The 9,997 acre project area is located 10 miles northeast of Cascade, Idaho, and about 120 miles north of Boise, Idaho. The agency invites written comments and suggestions on the scope of the analysis. The agency also hereby gives notice of the environmental analysis and decisionmaking process that will occur on the proposal so interested and affected people are aware of how they may participate and contribute to the final decision. At this time no public meetings to discuss the project are planned. Proposed Action: Eight objectives have been identified for the project: (1) Retain the existing size class of stands currently identified as large tree and manipulate the structure of small and medium tree size class stands to accelerate their movement towards the large tree size class, thereby retaining and potentially contributing to habitat for some terrestrial wildlife species associated with large tree size class; (2) Reduce the densities of stands currently identified as large tree size class in order to maintain or restore canopy closures within desired conditions, and to potentially contribute to habitat for those terrestrial wildlife species associated with large tree size class stands with low to moderate canopy closures; (3) Consistent with the particular habitat type, discriminate against shade tolerant species such as grand fir and subalpine fir and encourage retention and recruitment of seral species; (4) Relative to Douglas-fir beetle, mountain pine beetle, western pine beetle, western spruce budworm, and/or dwarf mistletoe, manipulate the structures, densities, and compositions of stands in order to maintain a low or moderate susceptibility level, or to decrease susceptibility to a low or moderate level; (5) Maintain or restore aspen and immature whitebark pine by eliminating competition with other conifer species; (6) Improve long term stand growth to or near levels indicative of sustainable forests; (7) Provide wood products to support local and regional economies; and; (8) Stabilize the cutslope failure on the 498 road. The Proposed Action would implement silvicultural activities, including thinning of sub-merchantable trees, aspen enhancement, and whitebark pine enhancement, on 2,702 acres. An estimated 9.0 MMbf would be removed using tractor, off-road jammer, skyline, and helicopter yarding systems. The Proposed Action would employ a variety of silvicultural prescriptions including clearcut with reserve trees, commercial thin, improvement cut, irregular shelterwood, individual tree selection, sanitation, thinning of sub-merchantable trees, aspen enhancement, and whitebark pine enhancement. Road maintenance activities would occur on an estimated 0.4 miles of existing road under this alternative. Specifically, one under-sized culvert along the 402 road would be replaced with a culvert sufficient in size to accommodate a 100-year flow event; a series of drive-through dips would be installed on the 402F1 road to prevent erosion; a culvert would be installed on the 402F road to facilitate silvicultural activities, and; an existing slump on the cutslope along the 498 road would be stabilized. Roughly 1.1 miles of temporary road would be constructed to facilitate harvest activities and six helicopter landings constructed. Post-implementation management of the existing transportation system within the project area would not change under this alternative. All existing road restrictions would be reinstated upon completion of harvest activities. Preliminary Issues: Preliminary concerns with the Proposed Action include potential impacts on water quality and terrestrial wildlife species. Possible Alternatives to the Proposed Action: One alternative to the Proposed Action that has been discussed thus far is a no action alternative. Other alternatives will likely be developed as issues are identified and information received. Decisions to be Made: The Boise National Forest Supervisor will decide the following: (1) Should vegetation be managed within the project area at this time, and if so, which stands should be treated and what silvicultural systems applied? (2) Should temporary roads be built at this time, and if so, how many miles should be built and where should they occur within the project area? (3) Should aspen and immature whitebark pine be enhanced by eliminating competing conifer species, and if so, where within the project area? (4) Should identified road maintenance activities occur on portions of roads 402, 402F1, 402F, and 498 at this time? (5) What design features, mitigation measures, and/or monitoring should be applied to the project?

The Forest Service has extended the deadline for receiving input into the development of the USDA Forest Service Open Space Conservation Strategy and Implementation Plan from December 13, 2006, to December 29, 2006. The Strategy and Implementation Plan will help shape the agency's strategic role in a national effort to conserve open space. The Forest Service is interested in addressing the effects of the loss of open space on private forests; on the National Forests and Grasslands and surrounding landscape; and on forests in cities, suburbs, and towns. Input for the Strategy and Implementation Plan should focus on programs, research, partnerships, and/or policy recommendations that could be developed to conserve open space. See SUPPLEMENTARY INFORMATION section for more background on the loss of open space and the Strategy and Implementation Plan.

On December 8, 2006, a Notice of Intent (NOI) to prepare an environmental impact statement (EIS) for the Thorn Salvage Recovery Project on the Blue Mountain Ranger District of the Malheur National Forest, was published in the Federal Register (71 FR 71120). Forest Service has decided to cancel the preparation of this EIS. The NOI is hereby rescinded.

We are proposing to amend the brucellosis regulations in order to facilitate research to be conducted on brucellosis-exposed or infected animals. Under the current regulations, such research could adversely affect a State's brucellosis classification. For example, the criteria for achieving and maintaining Class Free status provide that all cattle herds in the State or area must be released from quarantine and remain free of brucellosis for 12 consecutive months. Because the current definition of herd includes animals held in a research facility, a State could lose its Class Free status by allowing such research. By providing an exception for brucellosis-exposed or infected animals held within federally approved research facilities, this proposed rule would enable the initiation of necessary brucellosis research in Class Free States.

The Alaska Region of the Forest Service is extending the public comment period an additional 90 days for the notice of proposed policy published in the Federal Register September 15, 2006 (FR Vol. 71, No. 179, pp. 54454-54464) concerning a long term flat fee policy for outfitters and guides operating in the Alaska Region. The original notice provided for a comment period to end on December 14, 2007. The Forest Service is extending the comment period until March 14, 2007.Under the flat fee policy, a single land use fee would be charged for each type of service provided by outfitters and guides in the Alaska Region.

The Federal Crop Insurance Corporation (FCIC) finalizes the Common Crop Insurance Regulations, Nursery Crop Insurance Provisions by amending the definition of ``liners.'' FCIC also finalizes the Nursery Peak Inventory Endorsement to clarify that the peak amount of insurance is limited to 200 percent of the amount of insurance established under the Nursery Crop Insurance Provisions. The amendments will be applicable to the 2008 and succeeding crop years.

The designations of the official agencies listed below will end on June 30, 2007. We are asking persons interested in providing official services in the areas served by these agencies to submit an application for designation. We are also asking for comments on the quality of services provided by these currently designated agencies: East Indiana Grain Inspection, Inc. (East Indiana); Fremont Grain Inspection Department, Inc. (Fremont); State Grain Inspection, Inc. (State Grain); and Titus Grain Inspection, Inc. (Titus).

The Rural Business-Cooperative Service, an Agency within the Rural Development mission area, hereby announces the maximum dollar amount on loan and grant awards under the Rural Economic Development Loan and Grant (REDLG) program for fiscal year (FY) 2007. This notice is being issued prior to passage of a final appropriations bill, which may or may not provide funding for these programs, to allow applicants sufficient time to leverage financing, submit applications, and give the Agency time to process applications within the current fiscal year. The awards made as a result of this notice are effective for loans and grants made during the fiscal year beginning October 1, 2006, and ending September 30, 2007. REDLG loans and grants are available to any electric or telecommunications cooperative (borrower) under the Rural Electrification Act that does not have any delinquent debt with the Federal Government that has not been resolved pursuant to 31 CFR 285.13. REDLG loans and grants are to assist in economically developing rural areas.

The USDA Forest Service will prepare an environmental impact statement (EIS) to disclose environmental effects on a proposed action to recover the economic value of dead and dying trees damaged in the Shake Table Fire Complex, and remove potential hazard trees from open forest travel routes within the Todd, Duncan, Fields Creek and Dry Creek subwatersheds. The Shake Table Fire Complex, located approximately 20 miles south west of John Day, Oregon, burned approximately 14,527 acres across mixed ownership in August 2006, of that approximately 13,536 acres were on National Forest System Lands administered by the Blue Mountain Ranger District, Malheur National Forest. The proposed action is the Chrome Fire Salvage Recovery Project.

In response to Federal District Judge Damrell's August 16, 2006 order regarding the Creeks Forest Health Recovery Project Environmental Impact Statement (EIS) and Record of Decision (ROD), I am preparing a Supplement to the September 2005 Final EIS. Consistent with the Court's findings, this supplement will address the following points from the court order: ``(1) The Forest Service violated NEPA by failing to analyze an adequate range of alternatives, particularly alternatives involving less intensive logging. (2) The Forest Service violated NEPA by failing to take a hard look at the Creeks Forest Health Recovery Project's impact on the American marten and the California spotted owl. (3) The Forest Service violated NFMA by failing to insure viable, well- distributed populations of the American marten and the California spotted owl. (4) The Forest Service violated NFMA by approving the Project without appropriate or sufficient population and habitat data for the American marten, the pileated woodpecker, and the black bear.''

This final rule revises export regulations issued under the Export Apple and Pear Act (now renamed as the Export Apple Act) to reflect an amendment to that Act. The amendment limits the applicability of the Act to apple exports and removes all references to pears. Accordingly, the provisions applicable to pears are removed from the regulations.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-20), this notice announces the intention of the Agricultural Marketing Service (AMS) to request an extension for and revision to a currently approved information collection in support of the Regulations for Voluntary Grading of Poultry Products and Rabbit Products.

This proposed rule invites comments on adding outgoing quality control requirements under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). This proposed rule provides for a mandatory program under the order to reduce the potential for Salmonella bacteria in almonds. This action would help ensure that quality almonds are available for human consumption. This proposal also announces the Agricultural Marketing Service's (AMS) intention to request approval of a new information collection issued under the order.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations at 5 CFR part 1320, this notice announces the Cooperative State Research, Education, and Extension Service's (CSREES) intention to revise and extend the currently approved information collection for the CSREES Current Research Information System (CRIS).

The Food Safety and Inspection Service (FSIS) is announcing receipt of a petition from Hormel Foods to establish a definition for the voluntary claim ``natural'' and to delineate the conditions under which the claim can be used on the labels of meat and poultry products. The use of the claim ``natural'' is an issue of significant interest to the Agency, to industry, and to the public. Therefore, the Agency is inviting comments on the issue generally and on the petition and, to facilitate the comment process, is announcing that it will hold a public meeting to discuss the petition. After the comment period closes, FSIS will initiate rulemaking on the claim ``natural.'' The Agency has decided to initiate rulemaking because it is the most appropriate, open, and transparent method to deal with issues surrounding the definition and use of the claim ``natural.''

We are advising the public of our decision to extend a determination of nonregulated status to a rice line developed by Bayer CropScience, which has been genetically engineered to be tolerant to the herbicide glufosinate. Therefore, APHIS no longer considers the rice line to be a regulated article under Agency regulations governing the introduction of certain genetically engineered organisms. Our decision is based on our evaluation of data submitted by Bayer CropScience in its request for an extension of a determination of nonregulated status, an analysis of other scientific data, and comments received from the public in response to a previous notice and preliminary determination. This notice also announces the availability of our written determination, final environmental assessment, and our finding of no significant impact.

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 to a currently approved information collection for the Export Fruit Acts covering exports of apples and grapes.