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

The Food Safety and Inspection Service will hold a public meeting to discuss public health based inspection in poultry slaughter to address Campylobacter, Salmonella, and other issues of public health concern. FSIS is seeking public input on the ideas, concepts, data, and analyses it will use to form the basis of a technical plan. The public meeting will afford FSIS and its stakeholders an opportunity to discuss the rationale and process for the Agency's enhanced approach, as well as the background leading up to its current thinking on the concept.

On June 12, 2007, the Animal and Plant Health Inspection Service published a direct final rule. (See 72 FR 32165-32167.) The direct final rule notified the public of our intention to amend the black stem rust quarantine and regulations by adding four varieties to the list of rust-resistant Berberis species or cultivars in the regulations. We did not receive any written adverse comments or written notice of intent to submit adverse comments in response to the direct final rule.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that revised the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may have purchased from, or handled for, producers during the 2006-2007 marketing year. This rule continues in effect the action that increased the Scotch spearmint oil salable quantity from 878,205 pounds to 2,984,817 pounds, and the allotment percentage from 45 percent to 153 percent. In addition, this rule continues in effect the action that increased the Native spearmint oil salable quantity from 1,161,260 pounds to 1,205,208 pounds, and the allotment percentage from 53 percent to 55 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.

This rule decreases the assessment rate established for the Citrus Administrative Committee (Committee) for the 2007-08 and subsequent fiscal periods from $0.008 to $0.0072 per 4/5 bushel carton of oranges, grapefruit, tangerines, and tangelos handled. The Committee locally administers the marketing order which regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida. Assessments upon Florida citrus handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This rule amends, on an interim basis, the term of office provision of the Mango Promotion, Research, and Information Order (Order) so that the term of office and term limit for the two wholesaler and/or retailer positions of the National Mango Board (Board) be the same as that of other members. Specifically, the amendment modifies the term of office from one year to three years, and modifies the term limit for these positions from a maximum of three consecutive one-year terms to a maximum of two consecutive three-year terms in order to conform to the requirements of the Commodity Promotion, Research, and Information Act of 1996 Act.

In accordance with the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and the National Forest Management Act (NFMA, 16 U.S.C. 1600-1614 et seq.), the Forest Service announces the decision to amend selected portions of the 1994 Record of Decision for the Northwest Forest Plan. Specifically, the ROD amends 19 Land and Resource Management Plans for National Forests within the range of the northern spotted owl in western Washington and Oregon and northwestern California. The United States Department of the Interior, Bureau of Land Management (BLM), is expected to concurrently announce a similar decision amending their respective Resource Management Plans. The Survey and Manage Mitigation Measure Standards and Guidelines added conservation measures for rare and little known species to BLM and Forest Service (Northwest Forest Plan) requirements for providing for late-successional and old-growth forest related species. These Standards and Guidelines were frustrating the Agencies' ability to meet the other resource management goals set forth in the Northwest Forest Plan (timber harvest, hazardous fuels treatment, ecosystem restoration). Although the Survey and Manage Standards and Guidelines are removed with this decision, conservation of rare and little known species will continue to be accomplished through the other elements of the Northwest Forest Plan and the Agency's Special Status Species Program. This ROD also complies with a Settlement Agreement between the Secretaries of Agriculture and the Interior and Douglas Timber Operators and American Forest Resource Council.

We are adopting as a final rule, without change, an interim rule that amended 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 upon the detection of infestations of gypsy moth in those counties. As a result of the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of the gypsy moth to noninfested States.

This Part establishes uniform guidelines within the Research, Education, and Economics (REE) mission area on the use, award, and administration of cooperative agreements awarded under the authority of 7 U.S.C. 3318(b).

The USDA, Forest Service, will prepare an Environmental Impact Statement (EIS) to disclose the environmental effects of timber harvest, prescribed fire, fuels reduction, watershed restoration, and access management activities in the Corralled Bear project area on the Palouse Ranger District of the Clearwater National Forest. The Corralled Bear project area is located north of the towns of Deary and Helmer within the East Fork of Big Bear Creek and Corral Creek drainages, approximately 21 air-miles northeast of the town of Moscow, Idaho.

The U.S. Department of Agriculture (USDA) published a document in the Federal Register of Monday, June 11, 2007, concerning the joint solicitation of applications for USDA and the Department of Energy (DOE) for financial assistance addressing research and development of biomass based products, bioenergy, biofuels, and related products. This document contained information regarding the grant amount in USDA funding.

The Department of Agriculture (USDA), Agricultural Marketing Service (AMS) is revising the voluntary United States Standards for Grades of Mangos. Specifically, AMS is revising the standards to allow for longer, up to an inch, attached stem lengths. The revisions would bring the standards for mangos in line with current marketing practices, thereby improving their usefulness in serving the industry.

The Hell Canyon Ranger District of the Black Hills National Forest intends to prepare an Environmental Impact Statement (EIS) for a proposal to implement multiple resource management actions within the South project area as directed by the Black Hills National Forest Land and Resource Management Plan. The South project area is approximately 52,082 acres in size, with 43,045 acres of National Forest lands, 1,197 acres of state land and 7,840 acres of private land. The project proposes to reduce the risk of large-scale wildfire effects on the At- Risks Communities (ARC) of Custer, Pringle and Argyle, South Dakota, provide for wildlife habitat needs, reduce risks of mountain pine beetle infestation, provide a sustainable supply of commercial timber, and provide management and public access.

The Coconino National Forest will prepare an environmental impact statement (EIS) to disclose the effects of designating a system of roads, trails and areas for motorized vehicle use, thereby developing a motorized travel management plan. Such a plan is needed to meet new National travel management regulations and to improve the management and enforcement of motor vehicle use on National Forest Service lands. This notice describes the components to be included in the motorized travel plan, proposed forest plan amendment, decisions to be made, estimated dates pertaining to the project, information concerning public participation, and the responsible agency official. The project area is defined by the boundaries of the Coconino National Forest, and includes the Peaks, Mormon Lake, Red Rock, and Mogollon Rim Ranger Districts.

The Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the effects of designating National Forest System roads, trails, and areas available for public motorized use and changing pack and saddle stock use on certain non-motorized trails on the Beartooth Ranger District, Custer National Forest. The decision will be to determine whether to include routes that are not currently National Forest System roads, trials, and areas for public motorized use on the Beartooth Ranger District, establish a season of use and/or type of vehicle use for roads, trails, and areas designated for public motorized use, change dispersed vehicle camping designations, and restrict pack and saddle stock use on select non-motorized trails. A National Environmental Policy Act (NEPA) decision is not required to designate roads, trails, and areas for public motorized use that are currently part of the National Forest System of roads, trails and areas. Once a decision is made, a Motor Vehicle Use Map (MVUM) will be prepared, in compliance with the 2005 Forest Service Travel Management Rule (36 CFR Part 212). The MVUM will show all the routes that are designated for public motorized use on the Beartooth Ranger District. The MVUM will be the primary tool used to determine compliance and enforcement with motorized vehicle use designations on the ground. Those existing routes and other non-system routes not designated open on the MVUM will be legally closed to motorized travel. The decisions on motorized travel may include motorized over-the-snow travel.

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, U.S. Department of Agriculture, gives notice that an Environmental Impact Statement is not being prepared for the North Fork Powell River Watershed in Lee County, Virginia.

Pursuant to authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and the Secure Rural Schools and Community Self Determination Act of 2000 (Pub. L. 106-393), the Black Hills National Forest's Custer County Resource Advisory Committee will meet on Thursday, July 26, 2007 in Custer, South Dakota for a business meeting. The meeting is open to the public.

The Foreign Agricultural Service (FAS) proposes to add a system of records notice to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency (5 U.S.C. 552a(e)(4)).

We are amending the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of certain cattle being exported to countries that do not require such testing. This action will facilitate the exportation of certain cattle by eliminating the need to conduct pre-export tuberculosis and brucellosis testing when the receiving country does not require such testing.

We are advising the public that the Animal and Plant Health Inspection Service will be holding four public forums to gather public comment on a draft environmental impact statement (DEIS) related to our consideration of revisions to our regulations regarding the importation, interstate movement, and environmental release of genetically engineered organisms.

We are proposing to increase the user fees for the veterinary diagnostic services to reflect changes in our operating costs and expenses. We are also proposing to set rates for multiple fiscal years. These proposed actions are necessary to ensure that we recover the actual costs of providing these services. We are also proposing to provide for a reasonable balance, or reserve, in the veterinary diagnostics user fee account. The Food, Agriculture, and Conservation Act of 1990, as amended, authorizes us to set and collect these user fees.