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

In an interim rule published in the Federal Register on July 2, 2007, with an effective date of August 31, 2007, we amended the phytosanitary treatment regulations by making several changes to the requirements for cold treatment enclosures and the requirements for conducting cold treatment. A final rule that was published in the Federal Register on July 18, 2007, and effective August 17, 2007, reorganized the cold treatment regulations by moving requirements regarding cold treatment that had previously been contained in the regulations governing the importation of fruits and vegetables to the section of the regulations containing the requirements for cold treatment enclosures and conducting cold treatment. This technical amendment indicates how the changes in the July 2 interim rule will appear in the regulations as they have been reorganized by the July 18 final rule.

The Food Safety and Inspection Service (FSIS) is announcing the availability of its report entitled, ``Review of the Pathogen Reduction; Hazard Analysis and Critical Control Point Systems Final Rule Pursuant to Section 610 of the Regulatory Flexibility Act, As Amended.''

The Agricultural Air Quality Task Force (AAQTF) will meet to continue discussions on air quality issues relating to agriculture.

The USDA Forest Service will prepare an environmental impact statement to disclose the environmental effects resulting from construction of fuel breaks known as defensible fuel profile zones (DFPZs); harvest and reforestation of timber stands; restoration and enhancement of aquatic and riparian habitat; improvement of wildlife habitat and long term watershed condition; underburning to improve the health of unique plant communities; and road construction, reconstruction, and decommissioning.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information collection, Federal and Non- Federal Financial Assistance Instruments.

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 an extension for an revision to a currently approved information collection enabling certified organic handlers exemption from paying market promotion assessments under 26 Federal marketing order programs.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are proposing to amend and republish the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action would implement the findings of the second biennial review of the list.

Pursuant to the National Environmental Policy Act (NEPA) and implementing regulations and other applicable statutes, the U.S. Forest Service announces the availability of a Final Environmental Impact Statement (FEIS) for an applicant's proposal to acquire a road easement and reconstruct an access road to their private land in-holding on the San Juan National Forest. The FEIS analyzes the impacts of issuing the road easement and reconstructing Forest Development Road (FDR) 205 to a standard that would allow reasonable access to the landowner's private land in-holding.

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 to the Board to fill two vacant Board positions for the remainder of a term of office ending June 30, 2010. The Board consists of 18 members representing producers and industry representatives.

This rule increases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2007-2008 and subsequent fiscal periods from $1.00 to $1.50 per ton for Washington apricots. The Committee is responsible for local administration of the marketing order regulating the handling of apricots grown in designated counties in Washington. Assessments upon handlers of apricots are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order began April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule eliminating grade, size, maturity, pack, container and inspection requirements for all California nectarines and peaches except those packed in containers labeled ``California Well Matured'' or ``CA WELL MAT.'' This rule also continues in effect seasonal adjustments to the handling requirements applicable to well matured fruit and the removal of certain handler reporting requirements that are deemed no longer necessary. 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 reduces handler costs while enabling handlers to continue to meet the demands of their buyers.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995), this notice announces the National Agricultural Library's intent to request approval for renewal information collection relating to existing nutrition education and training materials targeting low-income persons. This voluntary form gives Food Stamp nutrition education providers the opportunity to share resources that they have developed or used.

In a final rule published in the Federal Register on July 18, 2007, we revised and reorganized the regulations pertaining to the importation of fruits and vegetables. As explained in the preamble, the regulatory text included changes made to the fruits and vegetables regulations by several other final rules that were published just prior to July 18. This technical amendment is necessary to correct an error in the way we set out the requirements established in a final rule published on June 21, 2007, for importing certain fruit from Thailand. This technical amendment also clarifies requirements for importing pineapple from Thailand into Guam and the Commonwealth of the Northern Mariana Islands.

USDA's Cooperative State Research, Education, and Extension Service (CSREES) and Food Safety and Inspection Service (FSIS) jointly announce their implementation of the Veterinary Medicine Loan Repayment Program authorized in 2003 by the National Veterinary Medical Service Act (NVMSA) (7 U.S.C. 3151a) and first funded in fiscal year (FY) 2006. To enable the first phase of this program, and in keeping with the existing Federal Student Loan Repayment Authority, CSREES has made funds appropriated to carry out the NVMSA available to FSIS to facilitate their recruitment of food animal veterinarians for designated hard-to-fill positions in food safety and supply, especially in rural communities, through the addition of loan repayment incentives to qualifying service agreements. FSIS, in turn, has posted information about positions eligible to receive loan repayments on the careers page of its Web site at https://www.fsis.usda.gov/careers/StudentLoan RepaymentsVMO/index.asp.

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 Lost Creek Watershed, Newton County, Missouri.

In accordance with the Paperwork Reduction Act of 1995 (PRA), the Commodity Credit Corporation (CCC) is seeking comments from all interested individuals and organizations on a currently approved information collection with revision associated with Dairy Disaster Assistance Payment (DDAP-III) Program. This collection is necessary to gather specific information from producers on their dairy production losses suffered in counties declared a natural disaster during the period of January 2, 2005, through February 27, 2007. The collection of information is to be used to establish eligibility and to determine payment amounts.

The Forest Service, U.S. Department of Agriculture, is providing notice and opportunity for comment on a proposed rule for National Forest System land management planning. This rulemaking is the result of a U.S. district court order dated March 30, 2007, which enjoined the United States Department of Agriculture from implementation and utilization of the land management planning rule published in 2005 (70 FR 1023) until it complies with the court's order regarding the National Environmental Policy Act, the Endangered Species Act, and the Administrative Procedure Act (Citizens for Better Forestry et al. v. USDA, C.A. C05-1144 (N. D. Cal.)). The purpose of this proposed rule is to respond to the court's ruling about notice and comment requirements under the Administrative Procedure Act by publishing the 2005 rule as a proposed rule. The Agency plans to comply with the court's order regarding the Endangered Species Act. In addition, the Agency is preparing a draft environmental impact statement under the National Environmental Policy Act. This proposed rule sets forth a framework for National Forest System land management planning to provide for sustainability of social, economic, and ecological systems and establishes direction for developing, amending, and revising land management plans. The proposed rule clarifies that, absent extraordinary circumstances, land management plans developed, amended, or revised under the proposed rule are strategic and are one stage in an adaptive cycle of planning for management of National Forest System lands. The intent of the proposed rule is to streamline and improve the planning process by making plans more adaptable to changes in social, economic, and environmental conditions; to strengthen the role of science in planning; to strengthen collaborative relationships with the public and other governmental entities; and to reaffirm the principle of sustainable management consistent with the Multiple-Use Sustained-Yield Act and other authorities.

The Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (Monument Advisory Committee) will meet as indicated below.

The Rogue/Umpqua Resource Advisory Committee (RAC) will meet on Thursday and Friday, September 20 and 21, in Roseburg, Oregon. On September 20, the meeting will begin at 10:30 a.m. and conclude at 4:45 p.m. On September 21, the meeting will begin at 8 a.m. and conclude at 4 p.m. Agenda items on September 20 include (1) Selection of RAC chairperson, (2) approval of 2006 meeting minutes and RAC expenses, (3) 30-minute public forum at 11 a.m., (4) review of past and proposed projects in Klamath County at 11:30 a.m., (5) review of past and proposed projects for Lane County at 1:30 p.m., and (6) update on projects in Jackson and Josephine counties at 3:45 p.m. The agenda for September 21 includes (1) 30-minute public forum at 8:15 a.m., (2) review of past and proposed projects for Douglas County at 8:45 a.m., and (3) review of proposed public projects at 10:45 a.m. Written public comments may be submitted prior to the September meeting by sending them to Designated Federal Official Cliff Dils at the address given below.

The National Urban and Community Forestry Advisory Council will meet in Boston, Massachusetts, October 16-18, 2007. The purpose of the meeting is to discuss emerging issues in urban and community forestry.

Kevin Wickey, responsible Federal official for projects administered under the provisions of the Watershed Protection and Flood Prevention Act, Public Law 83-566, 16 U.S.C. 1001-1008, in the State of West Virginia, is hereby providing notification that a Record of Decision to proceed with the installation of the Dunloup Creek Watershed Project is available. Single copies of this Record of Decision may be obtained from Kevin Wickey at the address shown below.

The NRCS has issued a Finding of No Significant Impact (FONSI) for a stream restoration project on a private landowner's land on McDonald Creek. A copy of the FONSI and the final Environmental Assessment (EA) is available for public review at the following locations: NRCS Office, 10507 N. McAlister Road, OR 97850. Grande Ronde Model Watershed, 1114 J Avenue, La Grande, OR 97850. La Grande Public Library, 2006 Fourth Street, La Grande, OR 97850. Additional copies may be obtained by contacting Greg Kuehl, NRCS, 541-963-4178, ext. 107.

We are seeking nominations for people to serve on GIPSA's Grain Inspection Advisory Committee. The Grain Inspection Advisory Committee meets twice annually to advise GIPSA on the programs and services we deliver under the U.S. Grain Standards Act. Recommendations by the committee help us to better meet the needs of our customers who operate in a dynamic and changing marketplace.