Department of Agriculture 2006 – Federal Register Recent Federal Regulation Documents

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 importation of clementines, marndarins, and tangerines from Chile.

The Department of Agriculture (USDA) is proposing to amend the regulations under the Perishable Agricultural Commodities Act (PACA) to ensure that the status of sellers of perishable agricultural commodities as trust creditors is protected when electronic data interchange (EDI) or other forms of electronic commerce are used to invoice buyers. Specifically, the proposed amendments would require a buyer licensed under the PACA or his third party representative to accept the PACA trust notice submitted to it by a seller on a paper, electronic invoice, or other billing statement. In addition, the buyer must allow sufficient data space for the required trust language regardless of the billing medium. Finally, any failure, act or omission inconsistent with this responsibility is unlawful and a violation of the PACA. Comments are being sought from the public, but in particular, from buyers and sellers of fruit and vegetables and vendors/software developers of electronic billing systems.

This rule changes the incoming 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). These changes will help minimize the risk of aflatoxin in almonds by removing inedible kernels from human consumption. Inedible almonds are poor quality kernels or pieces of defective kernels that may be contaminated with aflatoxin. This action is intended to improve the overall quality of almonds placed into consumer channels.

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 untreated oranges, tangerines, and grapefruit from Mexico transiting the United States to foreign countries.

This rule changes the reporting requirements established under the Idaho-Eastern Oregon onion marketing order, which regulates the handling of onions grown in designated counties in Idaho and Oregon and is administered locally by the Idaho-Eastern Oregon Onion Committee. This rule: Establishes a credit application procedure for assessments paid on onions that are subsequently regraded, resorted, or repacked within the production area or diverted to exempt special purpose outlets; changes the reporting requirements for fresh onions for peeling, chopping, or slicing, and for special purpose shipments; adds ``disposal'' as a special purpose shipment; and announces the Agricultural Marketing Service's (AMS) intention to request emergency approval by the Office of Management and Budget (OMB) of a new information collection. These changes are intended to enhance the efficient operation of the program and improve compliance with the other provisions.

We are advising the public that the Animal and Plant Health Inspection Service has received three petitions requesting that we delay implementation of, and reconsider provisions in, a recent final rule establishing a herd certification program and interstate movement restrictions for cervids to control the spread of chronic wasting disease. We are soliciting public comments on the petitions and the potential impacts of the actions they recommend.

The Department of Agriculture (USDA) is adopting as a final rule, without change, an interim final rule that reapportioned the producer and handler membership on the National Watermelon Promotion Board (Board). The final rule continues in effect the realignment of all seven districts under the Watermelon Research and Promotion Plan (Plan) based on three-year United States production records for watermelons and the assessments paid in each district. The change was proposed by the Board, which administers the nationally coordinated program, in accordance to the provisions of the Plan which require a review of the districts' alignment at least every five years.

The Agricultural Marketing Service (AMS) prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions of the United States Standards for Grades of Winter Pears. AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in serving the industry. As a result AMS is considering revisions to the winter pear standard to include removing the section 51.1309, Condition after storage or transit. This section has caused confusion within the industry in the past due to different procedures incurred when reporting inspection findings in comparison to other grade standards. Additionally, AMS is seeking comments regarding any other revisions to the standards that may be necessary to better serve the industry.

The project proposes to contain and control the spread of non- native invasive plant species within the Selway Bitterroot Wilderness and non-Wilderness lands forming the margins of the Wilderness. Chemical and biological treatments are proposed along with other site- specific methods such as hand pulling and grubbing. All treatments would be ground-based.

The Forest Service, as the lead Federal agency, previously published in the Federal Register (66 FR 46992-46994, September 10, 2001) a Notice of Intent to prepare an Environmental Impact Statement (EIS) to disclose the environmental effects of the Idaho Cobalt Project. The Idaho Cobalt Project is a proposed plan of operations to develop an underground cobalt-copper-gold mine on the Salmon/Cobalt Ranger District of the Salmon-Challis National Forest in Lemhi County, Idaho. The Forest Service Handbook 1909.15, Chapter 21.2, requires this revised notice in the Federal Register to inform the public of a major change to the applicant's plan and provide revised dates of when the draft and final EIS will be completed. The major plan change is described in the following paragraph. The revised dates of when the draft and final EIS will be available can be found in the DATES section of this notice. The project proponent, Formation Capital Corporation U.S. (Formation), submitted its proposed plan of operation (Plan) to the Forest Service in January 2001. That Plan described the major components of the project, including production adits and declines, waste rock disposal areas, processing plant, process water and tailings disposal methods, haul roads, and ancillary support facilities on National Forest System Lands. Since 2001, Formation has provided the Forest Service with a number of clarifications and minor revisions to their Plan, which, for the most part, did not alter the basic project description contained in the initial Federal Register notice. However, one proposed revision to the Plan's handling of mine and process water constituted a major change, which necessitated publishing this revised notice. Instead of land-applying the water as originally proposed, Formation plans to install a water treatment system and discharge the mine/process water into Big Deer Creek under a National Pollutant Discharge Elimination System (NPDES) permit. This change would reduce the surface area affected by mining operations from 251 acres to 149 acres. Formation submitted an NPDES permit application to the U.S. Environmental Protection Agency (EPA) on May 25, 2006 to discharge treated water into Big Deer Creek. The permit is a new source subject to the requirements of 40 CFR Part 440. As described in 40 CFR Part 122.29 and EPA's NEPA implementing regulations in 40 CFR Part 6, a new source is subject to compliance with NEPA prior to taking a final action on the NPDES permit. EPA entered into a Memorandum of Understanding (MOU) with the Forest Service on August 8, 2006 as a cooperating agency in the EIS process. The MOU describes the roles, responsibilities, and NEPA coordination amongst the two agencies. Given the public scoping that has already been conducted for this project, the extensive list of significant issues generated as a result of that scoping, and the impending completion of the Draft EIS, the Forest Service will not initiate additional public scoping for this notice. Public comments will be accepted and considered following publication of the Draft EIS.

This rule sets forth the regulations for the 2005 Dairy Disaster Assistance Payment Program. This program will assist dairy producers by providing payments to those who suffered dairy production and milk spoilage losses due to hurricanes or a related condition in 2005.

The Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee meeting that had been set for November 8, 2006 has been cancelled. The new date that the Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee will meet is Tuesday, December 12, 2006 at the Okanogan and Wenatchee National Forests Headquarters office, 215 Melody Lane, Wenatchee, WA. This meeting will begin at 9:30 a.m. and continue until 4 p.m. During this meeting Provincial Advisory Committee members will continue the collaboration process on forest plan issues relating to the preparation of a revised forest plan for the Okanogan and Wenatchee National Forests. All Eastern Washington Cascades and Yakima Province Advisory Committee meetings are open to the public.

The United States Department of Agriculture announces a conference call meeting of the Scientific Review Panel at the National Animal Disease Center, Ames, Iowa.

This final rule amends regulations pertaining to the Mideast Federal milk order. More than the required number of producers for the Mideast marketing area approved the issuance of the final order amendments.

The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Food And Drug Administration (FDA) are sponsoring a public meeting on November 14, 2006 to discuss the agenda items coming before the Sixth Session of the Codex ad hoc Intergovernmental Task Force on Foods Derived from Biotechnology (FBT) of the Codex Alimentarius Commission (Codex) and present draft U.S. positions on the agenda items. The Sixth Session of the FBT will be held in Chiba, Japan, November 27-December 1, 2006. The Under Secretary and FDA 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 FBT.

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 that provide for the payment of compensation to owners of commercial stone fruit orchards and fruit tree nurseries whose trees or nursery stock were destroyed to eradicate plum pox.

The Agricultural Marketing Service (AMS) announces the availability of approximately $1.3 million in competitive grant funds for fiscal year 2007 to enable States to explore new market opportunities for U.S. food and agricultural products and to encourage research and innovation aimed at improving the efficiency and performance of the U.S. marketing system. Eligible applicants include State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. Applicants are encouraged to involve industry groups, academia, community-based organizations, and other stakeholders in developing proposals and conducting projects. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), AMS is requesting emergency review and approval of a new information collection.

A Plan of Operation has been submitted by Pete Lien and Sons, Inc., for the purpose of mining for chemical grade limestone within mining claims on National Forest System land. The proposal is to mine within Pennington County totaling approximately 100 acres about one mile north of the northwest boundary of Rapid City, South Dakota.

This order amends certain features of the transportation credit provisions of the Appalachian and Southeast marketing orders on an interim basis. More than the required number of producers in the Appalachian and Southeast marketing areas have approved the issuance of the interim order as amended.

The Natural Resources Conservation Service (NRCS) prepared an Environmental Assessment in compliance with the National Environmental Policy Act (NEPA), as amended. Pursuant to the implementing regulations for NEPA (40 CFR parts 1500-1508); the USDA Departmental Policy for the NEPA (7 CFR part 1b); the Natural Resources Conservation Service Regulations (7 CFR part 650); and the Natural Resources Conservation Service policy (General Manual Title 190, Part 410); the Natural Resources Conservation Service gives notice that an environmental impact statement is not being prepared for the rehabilitation of grade stabilization Structure 2 in Turtle Creek Watershed, Sarpy County Nebraska. The Environmental Assessment was developed in coordination with the sponsoring local organization (Papio-Missouri River Natural Resources District) for a federally assisted action to address grade stabilization in the Turtle Creek Watershed and the status of grade stabilization dam Structure 2. Upon consideration of the affected environment, alternatives, environmental consequences, and comments and coordination with concerned public and agencies, the State Conservationist for NRCS, Nebraska found that based on the significance and context and intensity that the proposed action is not a major federal action significantly affecting the quality of the human environment. Thus, a Finding of No Significant Impact (FONSI) was made.

We are advising the public that the Animal and Plant Health Inspection Service has prepared a final Exotic Fruit Fly Strategic Plan for fiscal years 2006 through 2010 and is making it available for review. The final strategic plan has been updated in response to the comments we received on the draft strategic plan.

We are extending the comment period for our notice of petition and request for comments concerning the handling, care, treatment, and transport of elephants covered by the Animal Welfare Act. This action will allow interested persons additional time to prepare and submit comments.