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

This rule revises the list of nonrural areas identified by the Federal Subsistence Board (Board, we, us). Only residents of areas identified as rural are eligible to participate in the Federal Subsistence Management Program on Federal public lands in Alaska. We are changing Adak's status to rural. We also are adding Prudhoe Bay to the list of nonrural areas. The following areas continue to be nonrural, but we are changing their boundaries: the Kenai Area; the Wasilla/Palmer Area, including Point McKenzie; the Homer Area, including Fritz Creek East (except Voznesenka) and the North Fork Road area; and the Ketchikan Area. We have also added Saxman to the Ketchikan nonrural area. We are making no other changes in status. This final rule differs from the proposed rule relative to the Kodiak area and Saxman: For reasons set forth below, we did not change the status of the Kodiak area from rural to nonrural, as we had proposed, and we included Saxman in the nonrural Ketchikan area, which we had not proposed. Residents of those areas changing from rural to nonrural have 5 years to come into compliance with this rule.

This document directs that a referendum be conducted among eligible growers of Vidalia onions in Georgia, to determine whether they favor continuance of the marketing order regulating the handling of Vidalia onions grown in the production area.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule changing the handling requirements currently prescribed under the Florida Tomato marketing order (order). The order regulates the handling of tomatoes grown in Florida, and is administered locally by the Florida Tomato Committee (Committee). This rule continues in effect the action that limited the use of inverted lids on tomato containers to the handler whose information initially appeared on the lid. This rule helps ensure that lids do not contain the information for more than one active handler and aids in maintaining the positive identification and traceability of Florida tomatoes.

This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 930 regulating the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.

The USDA, Forest Service will prepare an environmental impact statement to designate a portion of the National Forest roads, trails, and areas, open to public motor vehicle use on the Wallowa-Whitman National Forest (WWNF), and assign the type of use(s) and season of use allowed on each road and trail or portion thereof. Roads, trails and areas not selected for designation will be closed to public motor vehicles year round (excepting the use of over-snow vehicles). Additionally, the Wallowa-Whitman National Forest currently has 1,337,760 acres open to motorized cross country travel. These acres will be closed year round to motorized cross country travel, excluding over-snow vehicles.

The Office of the Secretary of Agriculture announces members appointed to the Advisory Committee on Agriculture Statistics, in accordance with the Federal Advisory Committee Act, 5 U.S.C. App.

This notice announces the intention of the National Agricultural Statistics Service (NASS) to resume a currently approved information collection, the Agricultural Labor Survey, and its associated publication.

The U.S. Department of Agriculture (USDA) has re-established the Advisory Committee for Agriculture Statistics. Effective October 1, 1996, responsibility for the census of agriculture program was transferred to the National Agricultural Statistics Service (NASS) at USDA from the Bureau of the Census, U.S. Department of Commerce. Effective February 2, 1997, NASS also received the transferred program positions and staff from the Bureau of the Census, U.S. Department of Commerce. responsibility for the Advisory Committee on Agriculture Statistics, which is a discretionary committee, was transferred, along with its allocated slot, to USDA with the census of agriculture program. The Advisory Committee on Agriculture Statistics has provided input and direction to the census of agriculture program since the committee was first established on July 16, 1962. It has been particularly critical to have the committee as a valuable resource to USDA during the transfer of the census from the U.S. Department of Commerce. The purpose of the committee is to make recommendations on census of agriculture operations including questionnaire design and content, publicity, publication plans, and data dissemination.

This final rule is part of the Department's effort to fulfill its responsibilities under the Faith-Based and Community Initiative pursuant to Executive Orders 13279 and 13280. Under this rule, State agencies will collect and report information related to institutions and organizations that participate in specified Food and Nutrition Service (FNS) nutrition assistance programs. This information will be a new collection for the affected programs. It will enable FNS to identify the faith-based and community organizations participating in Federal nutrition assistance programs and determine the level of participation of faith-based and community organizations in the programs. It will not adversely impact the application or participation of any organization or institution currently participating in, or seeking to participate in, FNS nutrition assistance programs.

The Forest Service and the Bureau of Land Management (BLM) are to designate which roads or trails on federal lands administered by the BLM and the Forest Service within the Gunnison Field Office area and the Gunnison National Forest are open to motorized and/or mechanized travel. In so doing, both agencies will meet commitments set forth in the 2001 Gunnison Interim Travel Management Plan to further evaluate and analyze motorized travel needs on a route-by-route basis and comply with requirements of the Forest Service 2005 Travel Management Rule (36 CFR part 212) as well as policies for Public Lands found in the BLM Land Use Planning Handbook (H-1601-1). As a result of these travel management decisions, the Forest Service will produce a Motorized Vehicle Use Map (MVUM) depicting those routes on the Gunnison National Forest and the Gunnison Field Office Public lands that will remain open to motorized and/or mechanized travel. The MVUM will be the primary tool used to determine compliance and enforcement with motorized and mechanized vehicle use designations on the ground. Those existing routes and other user-created routes not designated open on the MVUM will be legally closed to motorized and mechanized travel. The decisions on motorized and mechanized travel do not include over-snow travel or existing winter- use recreation. Background Information: The Gunnison Interim Travel Management Plan (2001), as an interim plan, was intended to be replaced by a more definitive and comprehensive designated system of routes to be maintained and remain open for motorized travel. The Gunnison Interim Travel Plan did not address whether specific routes were needed or were not needed to provide a manageable and sustainable transportation system on the Gunnison National Forest and Gunnison Field Office Public Lands. Nor did it fully evaluate the desired use by vehicle type or season of use on a route-by-route basis. The 2001 travel plan was implemented as an interim measure intended to halt the proliferation of user-created routes and attempt to restrict motorized travel to the then existing roads and trails. The 2001 travel plan needs to be amended, changed or superseded. In addition to the 2001 commitment by both agencies to complete further travel management planning, the Forest Service 2005 Travel Management Rule (36 CFR 212) requires each National Forest unit to complete travel management planning that will include the designation of routes open to motorized travel culminating with the completion and publication of a Motor Vehicle Use Map (MVUM). The Chief of the Forest Service has set a 4-year target to complete these initial motorized use designations that will define the MVUM. It is understood that the BLM will also include their route-by- route designations for motorized and mechanized travel on roads and trails traversing public lands in the Gunnison Field Office area on the Forest Service MVUM. National Forest System (NFS) lands are lands managed by the Forest Service. Public lands are lands managed by BLM. Both National Forest System lands and public lands in the Gunnison Basin will be addressed in this effort. Proposed Action: The proposed action is to designate selected roads and trails open to motorized and/or mechanized travel (wheeled vehicles only) on the Gunnison National Forest (NFS lands) and Gunnison Area public lands (BLM). Where it is appropriate and necessary, the designations will also set specific seasons (i.e., yearlong, summer, fall-summer-spring) of use and type of use (e.g., full-sized vehicles, ATV's, motorcycles, or mountain bikes) for those routes. The Forest Service will produce a Motor Vehicle Use Map (MVUM) depicting those routes which are open to the general public for motorized and/or mechanized travel. Possible Alternatives: Alternatives to the proposed action will be considered and evaluated. The No Action alternative would be to adopt the September 1, 2000 map of existing roads and trails as those routes open to motorized and mechanized travel. Alternatives to the Proposed Action and No Action will depict differing combinations of routes to remain open to motorized and/or mechanized travel. The Proposed Action and the alternative actions will provide a system of routes that differ from existing conditions and the No Action alternative. Less restrictive alternatives would generally entail designating a greater number of miles of road or trail to be open for motorized and mechanized travel than the Proposed Action. Alternatives considered to be less restrictive could also include fewer constraints on season of use or vehicle types allowed on designated routes. The less restrictive alternative would generally provide for more motorized and mechanized recreational use opportunities. More restrictive alternatives would generally entail designating fewer miles of road or trail to be open for motorized and mechanized travel than the Proposed Action or have more constraints on season of use and vehicle types using designated routes. The more restrictive alternative(s) would provide motorized and mechanized recreational opportunities yet there may be a greater emphasis on non-motorized recreational opportunities. A consequence of designating routes open for motorized and/or mechanized travel is that those existing routes not designated as open would be identified as closed to motorized and/or mechanized travel. Road closure procedures that involve ground disturbing activities would not be a part of the Proposed Action or alternatives and would generally require separate and distinct site-specific NEPA decisions regarding the implementation aspects of road closures. The environmental consequences of having routes closed to motorized and/or mechanized travel will be evaluated in this environmental assessment. Identification of new routes that would meet the goals and objectives for a motorized and/or mechanized transportation system on both Public lands and NFS lands will be, as appropriate, a part of this travel management planning, but would require separate, site-specific NEPA decisions to implement ground disturbing activities associated with new route construction. Lead Agencies: The Forest Service and the BLM are joint lead agencies (CEQ Sec. 1506.2). USDA, Forest Service, Grand Mesa, Uncompahgre, and Gunnison National Forest. USDI, Bureau of Land Management, Gunnison Field Office. Responsible Officials: The Responsible Official for the Grand Mesa, Uncompahgre, and Gunnison National Forest is Charles Richmond, Forest Supervisor, GMUG National Forest, 2250 Highway 50, Delta, CO 81401. The Responsible Official for the BLM Gunnison Field Office is Kenny McDaniel, Manager, Gunnison Field Office, 216 North Colorado, Gunnison, CO 81230. Nature of Decisions To Be Made: Based on the purpose and need for the proposed action, the Forest Supervisor and the Field Office Manager will evaluate the Proposed Action and other alternatives in order to make the following decisions for the specific federal lands they have authority over: Those roads or trails that will be designated as open to the public for motorized and/or mechanized travel; and, The allowed season and/or type of use for those routes open to motorized and/or mechanized travel. Federal land managers are directed (Executive Order 11644, 36 CFR 212, and 43 CFR 8342.1) to ensure that the use of motorized vehicles and off-road vehicles will be controlled and directed so as to protect the resources of those lands, to promote the safety of users, minimize conflicts among the various uses of the federal lands, and to provide for public use of roads and trails designated as open. Permits or Licenses Required: No other permits or licenses are required to be obtained by either the Forest Service or the BLM to make decisions regarding motorized and/or mechanized travel on federal lands managed by the two agencies. Scoping Process: Preliminary public involvement was initiated in the summer 2006 in an effort to educate the public and stakeholders on the objectives of travel management. The public was also asked to provide input to the Forest Service and BLM on routes they wanted to remain open and/or those routes that may be in conflict with other desired conditions sought by the public on Forest and BLM lands. This initial comment period ended in October 2006 with the agencies receiving numerous comments on individual routes, a few general comments and some area-wide comments on travel. There were over 800 route specific comments, many of which addressed the same route(s). This initial public input will help the Forest Service and BLM to develop a preliminary route-by-route proposed action that will be utilized in a more formal scoping process. The Forest Service and the BLM will jointly conduct the following public meetings to solicit for comments and concerns from the public and interested parties on motorized and/or mechanized travel on National Forest System (NFS) lands and Public Lands:

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Regulations (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the rehabilitation of Floodwater Retarding Structure No. 15 of the Nolan Creek Watershed, Bell County, Texas.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intent of the Farm Service Agency (FSA) to request an extension of the Office of Management and Budget's (OMB) approval of previously approved information collection which supports FSA, Farm Loan Programs (FLP) loan making and servicing applications. This renewal does not involve any revisions to the program regulations.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Risk Management Agency to request approval for the collection of information in support of the agency's mission under section 522(d) of the Federal Crop Insurance Act to develop and implement risk management tools for producers of agricultural commodities through partnership agreements.

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 approval from the Office of Management and Budget for an extension of the currently approved information collection of the Lamb Promotion, Research, and Information Program. Once approved, AMS will be requesting that the Office of Management and Budget merge this information collection with the information collection for National Research, Promotion and Consumer Information Programs.

The Farm Security and Rural Investment Act of 2002 requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection as Board members for terms of office ending June 30, 2010. Selected nominees sought by this action would replace those six producer and industry representatives who are currently serving for the term of office that ends June 30, 2007. The Board consists of 18 members representing producers and industry representatives.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Commodity Credit Corporations (CCC) intention to request an extension for a currently approved information collection in support of the CCC Facility Guarantee Program (FGP) based on re- estimates.