Department of Agriculture February 2007 – Federal Register Recent Federal Regulation Documents

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment for confined field plantings of rice plants genetically engineered to express the human proteins lactoferrin, lysozyme, or serum albumin. This environmental assessment is available for public review and comment.

The USDA Forest Service published a Notice of Intent in the Federal Register of September 29, 2006, in FR Volume 71, No. 189, on pages 57460-57461, concerning request for comments on a Supplement to the Final Environmental Impact Statement for the 2002 Nebraska National Forest Revised Land and Resource Management Plan for black-tailed prairie dog (Cynomys ludovicianus) management on the Nebraska National Forest and associated units. Instead of supplementing the Final Enviromental Impact Statement for the 2002 Nebraska National Forest Revised Land and Resource Management Plan, the Agency will prepare an Environmental Impact Statement (EIS) for black-tailed prairie dog (Cynomys ludovicianus) management on the Nebraska National Forest and associated units. This EIS will tier to and not supplement the Final EIS for the 2002 Revised Nebraska National Forest Land and Resource Management Plan. The proposed action is to amend current management direction in the Nebraska National Forest Land and Resource Management Plan to meet various multiple use objectives by: (1) Specifing the desired range of acres of prairie dog colonies that would be provided on the Nebraska National Forest and associated units; and (2) to be able to use toxicants if the acreage exceeds the desired range and for multiple use objectives. The proposed action would amend Chapter 1, Section H, Standard 1 in the Nebraska National Forest Land and Resource Management Plan, which allows for limited use of rodenticdes in the interior of the Forest. The proposed action would also authorize the site-specific control of prairie dogs forest-wide, including the use of rodenticides, when management thresholds are exceeded for geographic areas. Future prairie dog control would occur based on management thresholds without further NEPA analysis.

In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation (CCC) is seeking comments from all interested individuals and organizations on the extension and revision of an approved information collection under the Paperwork Reduction Act. CCC procures various processed foods and commodities to be exported and donated for use in humanitarian food aid programs. Information related to this activity is collected and processed electronically through the Food Aid Request Entry System (FARES).

In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) invites the general public and other public agencies to comment on this proposed information collection. This notice announces FNS' intent to request from the Office of Management and Budget (OMB) approval of the data collection instrument for the CACFP Meal Claiming Data Collection Pilot Project.

The Agricultural Marketing Service (AMS) announces funding of approximately $1 million in competitive grant funds for fiscal year (FY) 2007 to increase domestic consumption of agricultural commodities by expanding direct producer-to-consumer market opportunities. These grant funds are contingent upon AMS's receipt of Congressional funding in 2007 for this program. Examples of direct producer-to-consumer market opportunities include new farmers' markets, roadside stands, community supported agriculture programs, and other direct producer-to- consumer infrastructures. AMS hereby requests proposals from eligible entities from the following categories: (1) Agricultural cooperatives, (2) local governments, (3) nonprofit corporations, (4) public benefit corporations, (5) economic development corporations, (6) regional farmers' market authorities, and (7) tribal governments. The maximum award per grant is $75,000. No matching funds are required. AMS strongly recommends that each applicant read the entire NOFA herein, and visit the AMS Web site at https://www.ams.usda.gov/FMPP to review a copy of the FMPP Guidelines and Application Package Preparation information to assist in preparing the proposal narrative and application package.

We are proposing four changes related to our proposed rule published in the Federal Register on June 1, 2006, that would amend the regulations regarding the National Veterinary Accreditation Program. The June 2006 proposed rule would establish two accreditation categories in place of the current single category, add requirements for supplemental training and renewal of accreditation, and offer accreditation specializations. In this supplemental proposed rule, we are proposing to adjust the scope of the two accreditation categories; to require initial accreditation training for veterinarians seeking accreditation; to require newly accredited veterinarians to renew their accreditation 3 years after completing initial accreditation training; and to reduce the training required for renewal of accreditation from the amount discussed in the June 2006 proposal.

This Notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2007 through June 30, 2008. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.

The Food Safety and Inspection Service (FSIS) is proposing to add Chile to the list of countries eligible to export poultry and poultry products to the United States. Reviews by FSIS of Chile's laws, regulations, and inspection implementation show that its poultry inspection system requirements are equivalent to the relevant provisions of the Poultry Products Inspection Act (PPIA) and its implementing regulations. Under this proposal, poultry and poultry products processed in certified Chilean establishments may be exported to the United States. All such products will be subject to re-inspection at United States ports-of-entry by FSIS inspectors.

The Umatilla National Forest Supervisor is proposing a non- significant amendment to the Umatilla National Forest Land and Resource Management Plan (LRMP) as amended by Regional Forester Amendment 2 (``Eastside Screens'') to include a definition of ``live'' trees for the School Fire Salvage Recovery Project. The proposed amendment would adopt a scientific metod for determining live trees.

The Santa Rosa Ranger District of the Humboldt-Toiyabe National Forest will prepare a Supplemental Environmental Impact Statement (SEIS) on a proposal to authorize continued livestock grazing on National Forest System (NFS) lands within the boundaries administered by the Santa Rosa Ranger District. The Project Area is located in Humboldt County, Nevada. The preparation of this SEIS is needed because the Record of Decision issued on June 2, 2006 for the Martin Basin Rangeland Management Project was appealed, and following review, the decision was reversed. The supplemental analysis will provide additional analysis and disclosure of environmental effects.

We are amending the regulations to remove vapor heat treatment as an approved treatment for bell pepper, eggplant, Italian squash, and tomato moved interstate from Hawaii. This action is necessary because these four commodities can serve as hosts for the solanum fruit fly, which has been detected in Hawaii. Vapor heat treatment is not an approved treatment for that pest. We are also providing for the use of irradiation as an approved treatment for all Capsicum spp. (peppers) and Cucurbita spp. (squash) moved interstate from Hawaii. This action will relieve unnecessary restrictions on the interstate movement of peppers and squash and allow a greater variety of Capsicum spp. and Cucurbita spp. to be moved interstate from Hawaii.

We are amending the list of regulated areas in the witchweed quarantine and regulations by adding or removing areas in North Carolina and South Carolina. These changes affect five counties in North Carolina and two counties in South Carolina. These actions are necessary in order to prevent the artificial spread of witchweed from areas where the weed has been detected and to remove restrictions that are no longer necessary on the interstate movement of regulated articles from areas where witchweed has been eradicated.

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 for revision of a currently approved information collection for Fruit and Vegetable Market News.

The USDA, Forest Service will prepare a supplemental environmental impact statement (SEIS) to address the order of Judge Paul Papak, United States District Court, District of Oregon (Hells Canyon Preservation Council, and Northwest Environmental Defense Center v. Richard J. Haines, Steve Ellis, and United States Forest Service, August 4, 2006). Specifically the court found that the April 2004 North Fork Burnt River Final Environmental Impact Statement was deficient because the Agency: (1) Did not require a certificate of compliance under 33 U.S.C. 1341(a)(1), also referred to as 401 under the Clean Water Act, prior to approvals of the Plans of Operations, (2) failed to ensure that authorized mining activities will comply with 313 of the Clean Water Act, 33 U.S.C. 1323(a), on the 303(d) listed waters for water-quality limited for sedimentation, (3) failed to adequately analyze the selection of buffer widths for the riparian habitat conservation areas (RHCAs) and as such is inconsistent with INFISH standard MM-1, (4) failed to adequately analyze the necessity of new roads and whether alternatives exist and to provide specific assurances that the new road construction will comply with INFISH standard MM-2, (5) incorrectly determined that settling ponds are not structures subject to INFISH standard MM-2 and therefore failed to perform the required analysis under MM-2 as to alternative locations; and (6) failed to adequately analyze whether mining and private property access needs, administrative use and needs of other forest users are warranted exceptions to the open-road density guidelines of the Wallowa-Whitman National Forest Land Management Plan. The SEIS will provide additional information and analysis to address the deficiencies noted by the court in the 2004 FEIS, and record the analysis of a proposed non-significant project-specific amendment to the Wallowa-Whitman National Forest's Land and Resource Management Plan (LRMP) to change Standard 12 and Standard 13 for Management Area 1(LRMP pg. 4-58), and Standard 9 for Management Area 3, 3a (LRMP pg. 4-62) to reflect a more realistic and achievable open road density for these management areas in subwatersheds 83B, 83C, 83D, 83E, 83F and 83G within the North Fork Burnt River Mining planning area in light of the current and projected land uses and management activities for the foreseeable future.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate a new information collection activity associated with the Agency's Animal Care program. The activity involves surveying nongovernmental organizations interested in animal welfare.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate a new information collection activity associated with the Agency's Animal Care program. The activity involves surveying licensees and registrants.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that relaxed the container marking requirements for kiwifruit covered under the California kiwifruit marketing order (order). The order regulates the handling of kiwifruit grown in California and is administered locally by the Kiwifruit Administrative Committee (Committee). Prior to implementation of the interim final rule, kiwifruit that had been inspected, met applicable grade and size requirements, and was subsequently placed into new containers, had to be positive lot identified, which required reinspection. This rule continues in effect the action that established procedures for handlers to ship such kiwifruit without positive lot identification (PLI). This rule is intended to reduce handler inspection costs and facilitate the marketing of kiwifruit.

The Agricultural Marketing Service (AMS) is withdrawing the notice soliciting comments on its proposal to amend the voluntary United States Standards for Grades of Winter Pears. After reviewing and considering the comments received, the agency has decided not to proceed with this action.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule changing 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 continues in effect the action that: Established 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; changed the reporting requirements for fresh onions for peeling, chopping, or slicing, and for special purpose shipments; and added ``disposal'' as a special purpose shipment.

The Boise Ranger District of the Boise National Forest will prepare an environmental impact statement (EIS) for a resource management project in the Crooked River Watershed. The 14,500 acre project area is located approximately 18 miles northeast of Idaho City, Idaho, and about 48 miles northeast 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 decision-making 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: The primary purposes of the project are: (1) Manage the stand density, structure, and species composition to provide conditions that are more resistant to insect and disease infestations and uncharacteristic wildfire. Move towards the Forest Plan vegetation desired conditions, and maintain or increase the large tree component. (2) Modify stand density, structure, and species composition, to restore suitable habitat for white-headed woodpecker and flammulated owls. (3) Provide commercial timber that will contribute to the annual harvest of expected timber volume on the Boise National Forest while moving towards attaining the Forest Plan desired vegetative conditions. (4) Reduce tree stocking & brush within plantations in order to maintain good tree growth and vigor, to reduce fire hazard by removal of developing ladder fuels, and to reduce future susceptibility to insects and disease infestations. (5) Improve water quality and aquatic habitat by reducing long term sedimentation caused by existing roads. The Proposed Action would commercial harvest trees, and in some areas use a combination of commercial harvest thinning and pre- commercial thinning from approximately 1,970 acres in the 14,500 acre project area. Regeneration harvest would occur on approximately 1,100 acres where insect and disease infestation is particularly severe. In addition approximately 4,700 acres would have only pre-commercial removal of small diameter trees (including 1,688 acres of plantations). Within these areas of mechanical vegetation treatment, aspen clones would be managed by removing and reducing conifer competition in the immediate vicinity. Brush removal would occur within approximately 450 additional acres of conifer plantations. An estimated 14.0 MMBF of timber would be harvested using ground-based yarding systems. Prescribed burning would occur within approximately 12,000 acres of project area to breakup the horizontal and vertical fuel continuity to reduce the chance of uncharacteristic stand replacement fires. Approximately 1,550 acres would be a natural fuels burn area where no mechanical treatment would occur, these acres would include target areas and conditional or incidental burn areas. A burn block of approximately 10,620 acres would target mechanically treated areas (commercial and pre-commercial thinning) and also include conditional or incidental burn areas. Approximately 15 acres would be targeted for native plant restoration. Whitebark pine restoration and enhancement is proposed in a 40 acre area around the summit of Pilot Peak. The proposed action would decommission and remove these from the transportation system approximately 22 miles of currently authorized roads. Approximately 3.7 miles of temporary road would be constructed, and approximately 0.8 miles of new road would be constructed. Approximately 6.5 miles of road currently not authorized would be improved by construction and added to the transportation system. Approximately 15.6 miles of road would be closed (these would remain as authorized roads) that are currently open, and 10.9 miles of closed road would be opened. Three culverts that are currently posing a fish migration barrier will be replaced and one would be removed as part of road decommissioning. Possible Alternatives to the Proposed Action: One alternative to the Proposed Action that will be considered 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: What amount and distribution of commercial tree harvest and pre-commercial tree thinning or removal should be implemented to achieve the project objectives? What amount of prescribed fire should be implemented to achieve the project objectives? What amount of plantation thinning or brush removal should be implemented to achieve the project objectives? Which roads should be adopted as part of the forest-wide minimum transporation system? What existing roads are needed for long term management of the area? What additional roads, if any, are needed to implement the action? What roads are not needed and should be decommissioned or obliterated? What roads currently open should be closed? What culverts that are currently functioning as fish migration barriers should be replaced? Should opportunities for aspen enhancement and whitebark pine restoration be implemented as part of the planned actions? Should opportunities for native plant restoration be implemented?

In accordance with the Federal Advisory Committee Act, the United States Department of Agriculture announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board. This meeting is open to the general public.

The Rural Business-Cooperative Service (RBS), an agency within the USDA Rural Development Mission area, will hold a public meeting entitled ``The Rural Development Lenders Conference.'' The purpose of this event is to provide an open forum to solicit feedback on the delivery of the Business and Industry and Section 9006 Renewable Energy Systems and Energy Efficiency Improvement Guaranteed Loan Programs in an effort to be more responsive to our customers.

The Forest Service is revising the Land Management Plan (hereafter referred to as Forest Plan) for the George Washington National Forest (GWNF). The notice provides: