Department of Agriculture 2006 – Federal Register Recent Federal Regulation Documents
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Low Pathogenic Avian Influenza; Voluntary Control Program and Payment of Indemnity
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.
Common Crop Insurance Regulations; Peanut Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) finalizes amendments to the Peanut 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 insured producers. The changes will apply for the 2007 and succeeding crop years.
Ouachita-Ozark Resource Advisory Committee
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.
Recreation Resource Advisory Committees
The Secretary of Agriculture intends to establish five Forest Service Recreation Resource Advisory Committees (Recreation RACs) pursuant to Section 4 of the Federal Lands Recreation Enhancement Act (REA) that was passed into law as part of the 2005 Consolidated Appropriations Act (Pub. L. 108-447) on December 8, 2004. The Recreation RACs will operate in the Pacific Northwest, Pacific Southwest, Eastern, and Southern Regions and the State of Colorado and will provide recommendations regarding recreation fees to both the Forest Service and the Bureau of Land Management (BLM) as appropriate. The public is invited to submit nominations for membership on the Recreation RACs.
Lincoln National Forest; New Mexico; Perk-Grindstone III Hazardous Fuel Reduction Project
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.
United States Standards for Grades of Table Grapes (European or Vinifera Type)
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.
Dried Prunes Produced in California; Decreased Assessment Rate
This rule would decrease the assessment rate established for the Prune Marketing Committee (committee) under Marketing Order No. 993 for the 2006-07 and subsequent crop years from $0.65 to $0.40 per ton of salable dried prunes. The committee locally administers the marketing order which regulates the handling of dried prunes grown in California. Assessments upon dried prune handlers are used by the committee to fund reasonable and necessary expenses of the program. The crop year began August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Sweet Cherries Grown in Designated Counties in Washington; Decreased Assessment Rate
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.
Changes in Hourly Fee Rates for Science and Technology Laboratory Services-Fiscal Years 2007-2009
The Agricultural Marketing Service (AMS) is proposing to change the hourly fee rates for Science and Technology (S&T) Laboratory Services. The agency is proposing to raise these rates to reflect, among other factors, national and locality pay increases for Federal employees and inflation, operating costs, instrumentation and training, and program and agency administrative overhead costs. In the past, AMS has amended its regulations on an as needed basis in order to recover laboratory program costs. With this proposed regulation, AMS is providing for three annual standard hourly fee rate increases for fiscal years 2007-2009. This would provide the agricultural commodity industries and other stakeholders with more timely and relevant information regarding voluntary user fees for laboratory testing services. The agency is also proposing to remove tables and schedules with listings of individual tests and services. Three annual hourly fee rate adjustments are proposed for appeals, holiday, and overtime services to reflect the anticipated increase in cost of providing these laboratory services each fiscal year. The regulations also are updated to identify current facility addresses. Part 92 is obsolete and therefore has been removed.
Potatoes; Grade Standards
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.
Importation of Table Grapes From Namibia
We are amending the fruits and vegetables regulations to allow the importation into the United States of fresh table grapes from Namibia under certain conditions. As a condition of entry, the grapes must undergo cold treatment and fumigation with methyl bromide and must be accompanied by a phytosanitary certificate with an additional declaration stating that the commodity has been inspected and found free of the specified pests. In addition, the grapes will also be subject to inspection at the port of first arrival. This action allows for the importation of grapes from Namibia into the United States while continuing to provide protection against the introduction of quarantine pests.
Notice of Lincoln County Resource Advisory Committee Meeting
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.
Ravalli County Resource Advisory Committee
The Ravalli County Resource Advisory Committee will be meeting to assign monitors on 2006 projects and hold a short public forum (question and answer session). The meeting is being held 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 meeting is open to the public.
Nectarines and Peaches Grown in California; Revision of Handling Requirements for Fresh Nectarines and Peaches
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.
United States Standards for Grades of Pineapples
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 Pineapples. AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in serving the industry. As a result, AMS has identified the United States Standards for Grades of Pineapples for possible revision. AMS is proposing to revise the tolerances by replacing Table I Shipping Point and Table II En Route or at Destination with numerical tolerances. These tables utilize acceptance numbers of fruit with maximum numbers of defective permitted. These changes would simplify the inspection process and bring the pineapple standard in line with other standards which use numerical tolerances for defects. AMS is seeking comments regarding these proposed changes that may be necessary to better serve the industry.
National Urban and Community Forestry Advisory Council
The National Urban and Community Forestry Advisory Council will meet in Little Rock, Arkansas, October 17-19, 2006. The purpose of the meeting is to discuss emerging issues in urban and community forestry.
National Research Initiative Competitive Grants Program-Revisions to Administrative Provisions
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.
Procedures for Calculating Annual Fees for Recreation Residences
The Forest Service is issuing an Interim Directive to Forest Service Handbook (FSH) 2709.11Special Uses to provide guidance to its employees for calculating annual fees for recreation residence term special use permits during the 2-year transition period following the adoption of the final rule, directives, and appraisal guidelines promulgated pursuant to the Cabin User Fee Fairness Act (Pub. L. 106- 291).
Grand Mesa, Uncompahgre and Gunnison National Forests; CO; Deer Creek Shaft and E Seam Methane Drainage Wells Project EIS
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.
Notice of Meeting; Southwest Oregon Provincial Advisory Committee
The Southwest Oregon Provincial Advisory Committee will meet on Tuesday, October 10, 2006, and Wednesday, October 11, 2006, to discuss topics including biomass utilization in Southwest Oregon, incentives for encouraging biomass utilization, and local examples of biomass utilization. The meeting will be held at the Umpqua National Forest Supervisor's office, at 2900 NW. Stewart Parkway in Roseburg, Oregon. The meeting will begin at 10:30 a.m. on October 10th with a fieldtrip and end at approximately 5 p.m. On Wednesday, the meeting will begin at 8 a.m. and end at 3:30 p.m. Written comments may be submitted prior to the meeting and delivered to the Designated Federal Official Jay Carlson at the Roseburg Bureau of Land Management, 777 Garden Valley Boulevard, Roseburg, OR 97470.
Animal Welfare; Elephants
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.
Brucellosis in Cattle; State and Area Classifications; Wyoming
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.
Availability of an Environmental Assessment for Field Testing Marek's Disease Vaccine, Serotype 1, Live Herpesvirus Chimera
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Marek's Disease Vaccine, Serotype 1, Live Herpesvirus Chimera. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment, and that an environmental impact statement need not be prepared. We intend to authorize shipment of this vaccine for field testing following the close of the comment period for this notice unless new substantial issues bearing on the effects of this action are brought to our attention. We also intend to issue a U.S. Veterinary Biological Product license for this vaccine, provided the field test data support the conclusions of the environmental assessment and the issuance of a finding of no significant impact and the product meets all other requirements for licensing.
Removal of Obsolete Regulations
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.
Outfitting and Guiding Land Use Fees in the Alaska Region
The Alaska Region is proposing to adopt a long-term flat fee policy for outfitters and guides operating in the Alaska Region. 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.
Dunloup Creek Watershed, Fayette and Raleigh Counties, WV
Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture, is giving notice that an environmental impact statement (EIS) will be prepared for the Dunloup Creek Watershed of the New River Watershed, Fayette and Raleigh Counties, West Virginia. The EIS will evaluate potential impacts to the natural, physical and human environment as a result of the flood damage reduction measures proposed for the 100-year floodplain in the Dunloup Creek Watershed, Fayette and Raleigh Counties, West Virginia.
Olympic Peninsula Resource Advisory Committee & Olympic Province Advisory Committee
The Olympic Peninsula Resource Advisory Committee and the Olympic Province Advisory Committee will meet for a combined field trip meeting on Friday, September 22, 2006. The meeting will start at the Lake Quinault Lodge, 345 South Shore Road, Quinault, WA 98575. The meeting will begin at 9 a.m. and end in the field at approximately 3:30 p.m. Agenda topics are: Update on Secure Rural Schools Legislation; discuss future meeting agenda topics and set dates calendar dates for the meetings; field review 2 projects that are currently in process; field review 4 completed projects; and public comments. All Olympic Peninsula Resource Advisory Committee & Olympic Province Advisory Committee Meetings are open to the public. Interested citizens are encouraged to attend.
Hood/Willamette Resource Advisory Committee (RAC)
The Hood/Willamette Resource Advisory Committee (RAC) will meet on Friday, September 29, 2006. The meeting and field trip is scheduled to begin at 9 a.m. and will conclude at approximately 4:30 p.m. The meeting will be held at the Detroit Ranger Station; 14425 North Santiam Highway SE. (Hwy 22), Detroit, Oregon; (503) 854-3366. The tentative agenda includes: (1) Finalizing Recommendations on 2007 Projects; (2) Public Forum; and (3) Field Trip to Title II Projects. The Public Forum is tentatively scheduled to begin at 9:15 a.m. Time allotted for individual presentations will be limited to 3-4 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits for the Public Forum. Written comments may be submitted prior to the September 29th meeting by sending them to Designated Federal Official Donna Short at the address given below.
California Coast Provincial Advisory Committee
The California Coast Provincial Advisory Committee (CCPAC) will meet on October 4-5, 2006, in Upper Lake California. The purpose of the meeting is to discuss issues relating to implementing the Northwest Forest Plan (NWFP).
Mediterranean Fruit Fly; Remove Portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, From the List of Quarantined Areas
We are amending the Mediterranean fruit fly regulations by removing portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from those areas. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of Mediterranean fruit fly into noninfested areas of the United States. We have determined that the Mediterranean fruit fly has been eradicated from these portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, and that the quarantine and restrictions are no longer necessary. These portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, were the last remaining areas in California quarantined for Mediterranean fruit fly. Therefore, as a result of this action, there are no longer any areas in the continental United States quarantined for the Mediterranean fruit fly.
Agency Information Collection Activities: Proposed Collection; Comment Request: Afterschool Snacks Information in the Child and Adult Care Food Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections.
Trinity County Resource Advisory Committee Meeting
The Trinity County Resource Advisory Committee (RAC) will meet at the Trinity County Office of Education in Weaverville California, September 25, 2006. The purpose of this meeting is to discuss proposed projects under Title II of the Secure Rural Schools and Community Self- Determination Act of 2000.
Milk in the Central Marketing Area; Final Decision on Proposed Amendments to Marketing Agreement and to Order
This document is the final decision proposing to adopt amendments that increase supply plant performance standards, amend features of the ``touch-base'' provision, amend certain features of the ``split plant'' provision and decrease the diversion limit standards of the order. This decision also limits the volume of milk a handler can pool to 125 percent of the total volume of milk pooled in the previous month. This final decision is subject to producer approval.
Milk in the Appalachian and Southeast Marketing Areas; Tentative Partial Decision and Opportunity to File Written Exceptions on Proposed Amendments to Tentative Marketing Agreements and to Orders
This document is the tentative partial decision proposing to adopt on an interim final and emergency basis amendments to the transportation credit balancing fund provisions of the Appalachian and Southeast milk marketing orders. Specifically, this document would establish a variable mileage rate factor using a fuel cost adjustor to determine the transportation credit payments of both orders, increase the maximum transportation credit assessment rate for both orders and establish a zero diversion limit standard on all milk receiving transportation credits in both orders. Other proposals concerning producer milk provisions and establishing transportation credit provisions on intra-market order movements of milk within the Appalachian and Southeast marketing areas will be addressed in a separate decision to be issued soon. This decision requires determining if producers approve the issuance of the amended orders on an interim basis.
Milk in the Upper Midwest Marketing Area; Decision on Proposed Amendments to Marketing Agreement and to Order
This document is the final decision proposing to adopt amendments to the Upper Midwest order intended to deter the de-pooling of milk and increase the order's maximum administrative assessment rate. This final decision is subject to producer approval by referendum.
Milk in the Mideast Marketing Area; Decision on Proposed Amendments to Marketing Agreement and to Order
This document is the final decision proposing to adopt amendments to the Mideast order intended to deter the de-pooling of milk. This final decision is subject to producer approval by referendum.
The National Advisory Committee on Meat and Poultry Inspection; Nominations for Membership
The U.S. Department of Agriculture (USDA) is soliciting nominations for membership on the National Advisory Committee on Meat and Poultry Inspection (NACMPI). The full Committee consists of no less than 16 and no more than 18 members, and each person selected is expected to serve a two year term. Existing members can serve three consecutive two year terms. USDA is soliciting nominations in order to fill 16 to 18 vacancies on the Committee.
Gypsy Moth Generally Infested Areas; Addition of Counties in Ohio and West Virginia
We are amending the gypsy moth regulations by adding Delaware and Franklin Counties in Ohio and Monroe County in West Virginia to the list of generally infested areas based on the detection of infestations of gypsy moth in those counties. 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 the gypsy moth to noninfested States.
Harvard Risk Assessment of Bovine Spongiform Encephalopathy (BSE) Update; Notice of Availability and Technical Meeting
The Food Safety and Inspection Service (FSIS) is reopening and extending the comment period for the 2005 updated Harvard Risk Assessment of bovine spongiform encephalopathy (BSE). The original comment period closed on August 11, 2006. The Agency is taking this action in response to a comment that was submitted after the Agency held its July 25, 2006, technical meeting to provide information on the updated risk assessment model and report.
Mendocino Resource Advisory Committee
The Mendocino County Resource Advisory Committee will meet September 15, 2006 (RAC) in Willits, California. Agenda items to be covered include: (1) Approval of minutes; (2) Handout Discussions, (3) Public Comment, (4) Financial Report, (5) Sub-committees, (6) Matters before the group, (7) DiscussionApproval of projects, (8) Next agenda and meeting date.
Brick Trout Project, Clearwater National Forest, Idaho County, ID
The USDA, Forest Service, will prepare an environmental impact statement (EIS) to disclose the environmental effects of timber harvesting the Brick Creek, Panther Creek, Lunch Creek, Trout Creek, and Fan Creek drainages (herein referred to as the Brick Trout project). The project area is located 16 miles east of Kamiah, Idaho, north of U.S. Highway 12, mostly along or near Forest Roads 514 and 5043. The project area is outside of inventoried roadless areas.
Northeast Oregon Forests Resource Advisory Committee (RAC)
Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463), the Northeast Oregon Forests Resource Advisory Committee (RAC) will meet via teleconference on September 27, 2006. The purpose of the meeting is to meet as a Committee to review proposed projects for fiscal year 2007.
Information Collection; Minority Farm Register
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and organizations on the extension with revision of a currently approved information collection for the Minority Farm Register. The Minority Farm Register is a voluntary register of minority farm and ranch operators, landowners, tenants and others with an interest in farming or agriculture. USDA's Office of Outreach uses the collected information to better inform minority farmers about USDA programs and services.
National Organic Program (NOP); Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing)
This final rule would amend the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) from November 15, 2000, through March 3, 2005. Consistent with the recommendations from the NOSB, this final rule adds thirteen substances, along with any restrictive annotations, to the National List. This final rule also amends the mailing address for where to file a Certification or Accreditation appeal.
Specialty Crop Block Grant Program
This rule provides regulations to implement the Specialty Crop Block Grant Program (SCBGP) to enhance the competitiveness of specialty crops. This action establishes the eligibility and application requirements, the review and approval process, and grant administration procedures for the SCBGP. The SCBGP is authorized under Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note).
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the above-named Agencies to request an extension for a currently approved information collection in support of debt settlement of Community Facilities and Direct Business Program Loans and Grants.
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