Department of Agriculture 2006 – Federal Register Recent Federal Regulation Documents

The Natural Resources Conservation Service (NRCS) has prepared a Draft Areawide Environmental Impact Statement consistent with the National Environmental Policy Act of 1969, as amended, to disclose potential effects to the human environment. The Watershed Plan and Areawide Environmental Impact Statement (EIS) for the Cape Cod Water Resources Restoration Project are combined into a single document. The purposes of the Project are to restore degraded salt marshes, restore anadromous fish passages, and improve water quality for shellfishing areas. Specifically, sponsors wish to: 1. Improve tidal flushing in salt marshes where man-made obstructions (i.e., road culverts) have restricted tidal flow. This will help restore native plant and animal communities in salt marshes, and improve biotic integrity. 2. Restore fish ladders and other fish passages that have deteriorated. This will allow greater numbers of anadromous fish (which spend most of their adult lives in salt water and migrate to freshwater streams, rivers, and lakes to reproduce; for example, alewife, blueback herring) to gain access to spawning areas, and support greater populations of other species (for example, striped bass, bluefish, weakfish, largemouth bass, chain pickerel) that depend on them for food. 3. Maintain and improve water quality affecting shellfish beds by treating stormwater runoff. This will help ensure that shellfish beds which are threatened with closure remain open, and maintain or extend the current shellfishing season for beds whose use is restricted during certain times of year. This Project is needed because human activity on Cape Cod has degraded its natural resources, including salt marshes, anadromous fish runs, and water quality over shellfish beds. The development of Cape Cod has required the construction of extensive road and railroad networks. Along the coast, culverts or bridges were needed for these networks to cross tidal marshes, and many of the openings through these structures are not large enough to allow adequate tidal flushing. When the culverts or bridges constrict flow, the tidal regime changes, which results in vegetation changes over time; what was once a thriving salt marsh can become a brackish or fresh water wetland dominated by invasive species. Together with funding from the Massachusetts Office of Coastal Zone Management (CZM), the Cape Cod Commission and the Buzzards Bay Project National Estuary Program identified over 182 sites where salt marshes have been altered by human activity. Human activity on Cape Cod has also resulted in damming or diverting streams, causing anadromous fish to lose access to spawning grounds. In addition, water flow may have been altered by cranberry growers and other farmers. Fish ladders and other fish passage facilities have been built to help ensure that fish get access to spawning areas, but these structures deteriorate over time (end of design life), or they may be of obsolete design and need replacement to function properly. The Massachusetts Division of Marine Fisheries (DMF) identified 93 fish passage obstructions on Cape Cod. Cape Cod's economy depends on good water quality. Shellfishing, a multi-million dollar industry on the Cape, is only allowed in areas with excellent water quality. As land is developed, and more areas are paved, stormwater runoff may become contaminated with nutrients, metals, fertilizers, bacteria, etc. This runoff may carry enough fecal coliform bacteria to affect water quality in shellfishing areas, thus leading to closure of shellfishing areas, or restrictions on the periods when the beds can remain open. DMF and town officials identified over 160 stormwater discharge points into shellfishing areas. By controlling sources of runoff, separating clean water from contamination sources, and capturing and treating the most heavily contaminated runoff through a variety of measures (e.g., infiltration, constructed wetlands). Two alternatives were considered: Proposed Action/Recommended Plan and the No action alternative. No Action would continue the declining trend of water quality of shellfish waters, impaired anadromous fish runs and degraded salt marshes. The recommended plan is the Proposed Action (Cape Cod Water Resources Restoration Project) because it maximizes ecological benefits and is the National Ecosystem Restoration (NER) Plan. The Recommended Plan achieves the desired level of improvement for the least cost. For each project type (shellfish, fish passage, and salt marsh), the Restoration Project would provide a greater number of habitat units and greater other environmental benefits than the No Action Alternative. NRCS has developed a list of 76 projects that will meet the sponsors' objectives. All of these projects have received a planning-level analysis to ensure that they appear feasible and capable of providing the habitat benefits sought through this areawide Project. When the Project is authorized and funded, the sponsors will propose specific projects to NRCS. NRCS will review each project in more detail to determine the most cost-effective practice for that site and to verify that the habitat objectives will be achieved. The recommended plan would help to maintain or improve water quality in up to 26 shellfish areas affecting 7,300 acres of shellfish beds. Current laws and regulations require stormwater management for all new developments, which prevents or minimizes new development from causing the same water quality impairments that occurred in the past. The Project is expected to improve tidal flushing at 26 sites enhancing 1,500 acres of salt marsh. Current design guidelines prevent or minimize road or railroad construction from causing the same hydrological restrictions that occurred in the past. And through this Project it is expected that 24 fish passages on Cape Cod would be restored to full function improving access to 4,200 acres of spawning habitat. Written comments regarding this Draft Areawide EIS should be mailed to: Cecil B. Currin, Cape Cod Water Resources Restoration Project EIS, USDA-NRCS, 451 West Street, Amherst, MA 01002. Comments may also be submitted by sending a facsimile to (413) 253-4395 or by e-mail to cecil.currin@ma.usda.gov. Please include CCWRRP in the subject line. Project information is also available on the Internet at https:// www.ma.nrcs.usda.gov/programs/CCWRRP.

The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Agricultural Marketing Service (AMS) are sponsoring a public meeting on September 7, 2006 to provide draft U.S. positions and receive public comments on agenda items that will be discussed at the 23rd Session of the Codex Committee on Processed Fruits and Vegetables (CCPFV) of the Codex Alimentarius Commission (Codex), which will be held in Arlington, VA, on October 16- 21, 2006. The Under Secretary and AMS recognize the importance of providing interested parties the opportunity to comment on the agenda items that will be debated at this forthcoming Session of the CCPFV.

We are amending the citrus canker regulations to list the entire State of Florida as a quarantined area for citrus canker and to amend the requirements for the movement of regulated articles from Florida now that the eradication of citrus canker in Florida is no longer being carried out as an objective. We are also amending the regulations to allow regulated articles that would not otherwise be eligible for interstate movement to be moved to a port for immediate export. These changes are necessary in light of the Department's determination that the established eradication program was no longer a scientifically feasible option to address citrus canker.

This provides notice of the Federal Subsistence Board's in- season management actions to protect Chinook salmon escapement in the Unalakleet River, and to provide additional subsistence harvest opportunities for Chinook salmon in the Yukon River and for sockeye salmon in the Copper River. The revised fishing schedule for the Chitina Subdistrict of the Copper River, the additional fishing time on the Yukon River, and the closure of the Unalakleet River provide exceptions 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.

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 Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public.

This rule proposes to amend regulations for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by adding three requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004 concerning retail vendors authorized by WIC State agencies to provide supplemental food to WIC participants in exchange for WIC food instruments. This rulemaking would require WIC State agencies to notify WIC-authorized retail vendors of an initial violation in writing, for violations requiring a pattern of occurrences in order to impose a sanction, before documenting a subsequent violation, unless notification would compromise an investigation. In addition, State agencies would be required to maintain a list of State- licensed wholesalers, distributors, and retailers, and infant formula manufacturers registered with the Food and Drug Administration, and would require WIC-authorized retail vendors to purchase infant formula only from sources on the list. Further, State agencies would be required to prohibit the authorization of or payments to WIC-authorized vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments (``above-50-percent vendors'') and which provide incentive items or other free merchandise, except food or merchandise of nominal value, to program participants or customers unless the vendor provides the State agency with proof that the vendor obtained the incentive items or merchandise at no cost. The intent of these provisions is to, respectively, enhance due process for vendors; prevent defective infant formula from being consumed by infant WIC participants; and ensure that the WIC Program does not pay the cost of incentive items provided by above-50-percent vendors in the form of high food prices. Finally, this rule also proposes to adjust the vendor civil money penalty (CMP) levels to reflect inflation.

By this notice, the Forest Service is putting into use revised versions of its standard timber sale contracts, Form FS-2400-6, for scaled sale procedures, and Form FS-2400-6T, for tree measurement timber sale procedures. After the Forest Service issued substantially revised versions of these contracts on May 6, 2004, the agency continued to receive comments from industry stakeholders. In response to these comments, the Forest Service engaged a consultant to evaluate the contracts with regard to allocation of risk between the timber Purchaser and the agency. The present revisions reflect the agency's further analysis of the contracts in light of the stakeholders' comments and the consultant's conclusions. A side-by-side comparison of the revised contracts and the previous versions is available as provided in the ADDRESSES section of this notice.

The Forest Service proposes to conduct an environmental analysis and prepare an environmental assessment on the continued nationwide aerial application of fire retardant for fire suppression. The responsible official for this action is Dale Bosworth, Chief of the Forest Service. The Forest Service invites comments at this time on the proposed action.

This notice announces the availability of a revised cooperative agreement that organizations may enter into with the Animal and Plant Health Inspection Service in order to participate in the animal tracking database component of the National Animal Identification System (NAIS). This revised cooperative agreement is intended to facilitate the integration of private and State animal tracking databases into the NAIS, which remains a voluntary program.

The Federal Crop Insurance Corporation (FCIC) proposes to amend its Fresh Market Sweet Corn Crop Insurance Provisions. The intended effect of this action is to provide policy changes to allow for the expansion of fresh market sweet corn coverage into areas where the crop is produced and when provided in the actuarial documents, and allow coverage for fresh market sweet corn when it is marketed through direct marketing. This change will be applicable for the 2008 and succeeding crop years.

The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations; Northern Potato Crop Insurance Provisions, Northern Potato Crop Insurance Quality Endorsement, Northern Potato Crop Insurance Processing Quality Endorsement, Potato Crop Insurance Certified Seed Endorsement, Northern Potato Crop Insurance Storage Coverage Endorsement, and the Central and Southern Potato Crop Insurance Provisions. The intended effect of this action is to provide policy changes and clarify existing policy provisions to better meet the needs of the insureds, and to reduce vulnerability to fraud, waste and abuse. The changes are intended to apply for the 2008 and succeeding crop years.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, the United States Department of Agriculture announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board Specialty Crop Committee and Executive Committee.

This document corrects the telephone number for the facsimile machine (``fax'') for submission of public comments on the proposed rule entitled Guaranteed Loan Fees published May 15, 2006 (71 FR 27978- 27980) and extends the comment period. The original comment period for the proposed rule closed on July 14, 2006, and FSA is extending it until August 4, 2006. Respondents who sent comments to the earlier fax number are encouraged to contact the person named below to find out if their comments were received and re-submit them to fax number below if necessary.

The Lake County Resource Advisory Committee (RAC) will hold a meeting.

The Apache-Sitgreaves, Coconino, Kaibab, Prescott, and Tonto National Forest have been preparing an environmental impact statement to address cross-country travel by motorized vehicles and how to standardize road and trail signing conventions for OHVs. The original Notice of Intent published in Federal Register Volume 66, No. 61, Thursday, March 29, 2001. A revised Notice of Intent published in Federal Register Volume 67, No. 30 on Wednesday, February 13, 2002, and the Notice of Availability of DEIS published in Federal Register Volume 68, No. 85 on Friday, May 2, 2003. The need for this document has been mooted by the Final Travel Management Rule; Designated Routes and Areas for Motor Vehicle Use that revised portions of 36 CFR parts 212, 251, 261 and 295. The Final Rule was posted in the Federal Register on November 9, 2005.

We are proposing to amend the fruits and vegetables regulations to allow the importation into the United States of litchi, longan, mango, mangosteen, pineapple, and rambutan from Thailand. As a condition of entry, these fruits would have to be grown in production areas that are registered with and monitored by the national plant protection organization of Thailand, treated with irradiation in Thailand at a dose of 400 gray for plant pests of the class Insecta, except pupae and adults of the order Leipdoptera, and subject to inspection. The fruits would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been treated with irradiation in Thailand. In the case of litchi, the additional declaration would also state that the fruit had been inspected and found to be free of Peronophythora litchii, a fungal pest of litchi. This action would allow for the importation of litchi, longan, mango, mangosteen, pineapple, and rambutan from Thailand into the United States while continuing to provide protection against the introduction of quarantine pests into the United States.

We are amending the imported fire ant regulations by designating as quarantined areas all of 2 counties in Arkansas and all or portions of 21 counties in Tennessee. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. This action is necessary to prevent the artificial spread of imported fire ant to noninfested areas of the United States.

The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Agricultural Marketing Service (AMS) are sponsoring a public meeting on August 3, 2006 to provide draft U.S. positions and receive public comments on agenda items that will be discussed at the 13th Session of the Codex Committee on Fresh Fruits and Vegetables (CCFFV) of the Codex Alimentarius Commission (Codex), which will be held in Mexico City, Mexico, on September 25-29, 2006. The Under Secretary and AMS recognize the importance of providing interested parties the opportunity to comment on the agenda items that will be debated at this forthcoming Session of the CCFFV.

Deciding Officers in the Southern Region will publish notice of decisions subject to administrative appeal under 36 CFR parts 215 and 217 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR part 215.5 and 36 CFR part 217.5(d), the public shall be advised through Federal Register notice, of the newspaper of record to be utilized for publishing legal notice of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested it and to those who have participated in project planning. Responsible Officials in the Southern Region will also publish notice of proposed actions under 36 CFR part 215 in the newspapers that are listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR part 215.5, the public shall be advised, through Federal Register notice, of the newspaper of record to be utilized for publishing notices on proposed actions. Additionally, the Deciding Officers in the Southern Region will publish notice of the opportunity to object to a proposed authorized hazardous fuel reduction project under 36 CFR part 218.4 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on the proposed voluntary United States Standards for Grades of Peppers (Other Than Sweet Peppers). This action is being taken at the request of the Fruit and Vegetable Industry Advisory Committee, which asked AMS to identify commodities that needed grade standards developed to facilitate commerce. The proposed standards would provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of peppers that are not sweet peppers.

This action will amend the Egg Research and Promotion Rules and Regulations by changing the State composition of the six geographic areas on the American Egg Board. The Board approved this change and requested that the Secretary amend the Rules and Regulations accordingly. This adjustment is based on changing geographic trends in egg production and would become effective beginning with the 2007-08 membership term.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that removed the container regulations prescribed under the Washington sweet cherry marketing order. Specifically, this rule finalizes the removal of the requirement that dark-colored sweet cherries be handled in containers having a certain net weight. The marketing order regulates the handling of fresh sweet cherries grown in designated counties in the State of Washington, and is administered locally by the Washington Cherry Marketing Committee (Committee). By eliminating the container requirements, this regulatory relaxation provides handlers with the ability to meet the rapidly changing wholesale, retail, and consumer demand for innovative product packaging. This is expected to enhance industry marketing flexibility and efficiency.