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

On September 22, 2006, the Federal Register published a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Perk-Grindstone III Hazardous Fuel Reduction Project on the Lincoln National Forest, Smokey Bear Ranger District (71 FR 55419-55421). That document estimated that the Draft Environmental Impact Statement would be available February 2007, and would require a single forest plan amendment, correction of both the estimated date and the number of forest plan amendments is necessary. Correction: In the Federal Register of September 22, 2006, in FR Doc. 71-184, on page 55419, in the first column, correct the DATES caption, second sentence to read: The draft EIS is expected to be available for public review in January 2008 and the final EIS is expected to be published in June 2008. In the Federal Register of September 22, 2006, in FR Doc. 71-184, on page 55419, in the third column, additional information must be added to the Proposed Action caption, first and second paragraph to read: Proposed forest management work includes noncommercial thinning, commercial thinning involving removal of logs and slash by ground-based skidding or helicopter, ground-based machine work and hand work to pile thinning slash, and slash-pile burning or broadcast burning to dispose of or reduce woody fuels. On existing roads used to support these treatments, maintenance work including forestry best management practices would be performed. Up to 14 miles of road may be constructed or reconstructed, these road will be developed to facilitate proper ground-based skidding and access log-landing areas. Upon completion of logging and other mechanized treatments, temporary roads would be rehabilitated and closed. The remaining roads, needed for long term access would be closed by installing gates or other barriers at road entrances to eliminate motor vehicle use on the road (Forest Plan, p. 47). Closed roads may be reopened when needed for subsequent fuel reduction or other management activities, and then closed following completion of that activity (Forest Plan, p. 37). Closed roads may be used as trails for hiking, mountain biking and horseback-riding. The proposed forest management treatments and roadwork integrated various detail design-features to conserve cultural or historical sites, air quality, soil, water quality, wildlife, native plants and trees, scenery, and recreation. To achieve desired conditions for the area, the proposed action involves some removal of commercial-size trees from areas of protected habitat of the Mexican spotted owl, a threatened species. Under the current forest plan as amended, these treatments to reduce fuels near urban areas are anticipated; nonetheless, they are a departure from the forestwide standards and guidelines adopted to implement the recovery plan for this species. Additionally, the proposed action will remove canopy cover within Northern goshawk post-fledging areas. Northern goshawk is a Regional Forester sensitive species. These areas may not meet forest plan standards and guidelines for canopy cover. Forest plan standards and guidelines also restrict operation of wheeled of tracked logging equipment to slopes of less than 40%. Operation of logging equipment on slopes in excess of 40% is anticipated under one or more alternatives. Vegetative removal and road construction is likely to be clearly evident, for approximately 10 years, within the project area. The forest plan standards and guidelines for the Visual Quality Objective (VQO) within the project area specify that the area should be managed with a VQO of Retention. Under a Retention VQO, forest management activities may be visible but not clearly evident to the average viewer. Disturbances must appear to be from natural causes. Therefore, to ensure project consistency with the forest plan, the plan would be amended at the same time as and in conjunction with the approval of an action alternative, should one be selected, that involve similar departure form current standards and guidelines to conserve Mexican spotted owl, Northern goshawk, visual quality and limitations on activities on slopes over 40%. The plan amendments would be limited to apply only to the Perk-Grindstone III hazardous fuel reduction project area and its approved activities (36 CFR 219.8(e)).

The Monongahela National Forest is planning to charge a $5.00 fee for overnight camping at the numbered campsites located along the Williams and Cranberry Rivers. These campsites are located on the Gauley and Marlinton Ranger Districts. These campsites include the basic amenities found in rustic Forest Service campgrounds. These campsites have been in use for many years, and were previously free-of- charge. Fee collections will be used to maintain and operate these campsites.

The Apalachicola National Forest proposes a new fee for operations of OHV vehicles (all terrain vehicles (ATVs), utility vehicles (such as a Kawasaki Mule), dual sport motorcycles, and off road motorcycles) on the motorized trail system. Three types of permits would be available: 1 to 3 days for $10; 7 days for $25; and 365 days for $75. For operators younger than 16, the 1 to 3 day permit would be available for $5 per operator. The funds may be used for: Maintaining trails, staffing trailheads, cleaning restrooms at trailheads, grading mixed use roads, replacing signs, and other activities to manage and maintain the OHV trail system. The Apalachicola National Forest has proposed a motorized trail system of approximately 55 miles for dual sport and off road motorcycles and another 55 miles for all terrain vehicles, utility vehicles, and dual sport and off road motorcycles.

The Forest Service will prepare an environmental impact statement on a proposal to implement multiple resource management actions within the West Rim Project Area to implement the amended Black Hills National Forest Land and Resource Management Plan. The West Rim Project Area covers approximately 43,028 acres of National Forest System land and approximately 10,129 acres of interspersed private land southwest of Spearfish, South Dakota. a 1/2 mile buffer around all parcels of private land is identified as Wildland Urban Interface (WUI). Proposed actions include a combination of vegetation and fuels treatments to reduce fire hazard, reduce mountain pine beetle susceptibility, and improve vegetative diversity. The proposed action includes approximately 6,800 acres of commercial thinning, 3,500 acres of overstory removal, 13,700 acres of pre-commercial thinning, 2,300 acres of commercial seed cuts, 470 acres of fuel reduction treatments, and up to 13,800 acres of prescribed burning. Approximately 25 miles of new road construction would be necessary to carry out the proposed vegetation management actions.

We are adopting as a final rule, without change, an interim rule that amended the pine shoot beetle regulations by adding Cumberland County in New Jersey to the list of quarantined areas. We took that action following the detection of pine shoot beetle in the county. The interim rule was necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.

This rule revises the Farm Service Agency (FSA) Indian Tribal Land Acquisition Program (ITLAP) regulations as required by the Native American Technical Corrections Act of 2006. The regulations pertaining to rental value write-down of ITLAP loans will not require a market value rent study where the land is actually rented. The actual rents received shall be used to determine the rental value of the property for write-down purposes.

The Rural Utilities Service (RUS), an agency delivering the United States Department of Agriculture (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development, intends to hold a public scoping meeting and prepare an Environmental Assessment (EA) related to possible financial assistance to East Texas Electric Cooperative (ETEC) of Nacogdoches, Texas, for the proposed construction of approximately 168 MW simple cycle combustion turbine generation station in San Jacinto County, Texas. ETEC is requesting USDA Rural Development to provide financial assistance for the proposal.

This rule revises the requirements for interhandler transfers of almonds under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). This rule requires handlers who transfer almonds to other handlers to report to the Board whether or not the almonds were treated to achieve a 4-log reduction in Salmonella bacteria (Salmonella). This action will help the Board track treated and untreated almonds and facilitate administration of its mandatory Salmonella treatment program.

The Sierra National Forest (Sierra NF) will prepare an Environmental Impact Statement to disclose the impacts associated with the following proposed actions: 1. The prohibition of wheeled motorized vehicle travel off designated NFS roads, NFS trails and areas by the public except as allowed by permit or other authorization. 2. The addition of approximately 54 miles of existing unauthorized tracks to the current system of National Forest System (NFS) motorized trails, the permanent conversion of 72 miles of NFS Roads to NFS Trails, the management of 61 miles of NFS Roads as NFS Trails and the addition of six acres for motorized use. 3. The changing of the allowable use or season of use on approximately 970 miles of existing NFS Roads and closing approximately 200 miles of existing NFS Roads to public access usless allowed by permit or other authorization.

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to request a revision of an approved information collection concerning the regulatory requirements for marking, labeling, and packaging of meat, poultry, and egg products because of revised estimates, which support a finding of more total burden hours.

Opal Creek Scenic Recreation Area Advisory Council meetings will convene in Stayton, Oregon on Wednesday, September 26, 2007. These meetings are scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. Meetings will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of twelve members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, and public at large. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: new advisory council orientation and next steps, and project updates. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to the scheduled meeting by sending them to Designated Federal Official Paul Matter at the address given below.

Notice is hereby given that the comment period on the reestablishment and revision of the Livestock Mandatory Reporting (LMR) program is extended until September 24, 2007.

This rule would increase the assessment rate established for the Prune Marketing Committee (committee) for the 2007-08 and subsequent crop years from $0.40 to $0.60 per ton of salable dried prunes. The committee locally administers the marketing order that regulates the handling of dried prunes in California. Assessments upon dried prune handlers are used by the committee to fund reasonable and necessary expenses of the program. The higher assessment rate is needed to offset an anticipated decrease in dried prune production this year. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in practice standards: 396, Fish Passage and 645, Upland Wildlife Habitat Management. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.

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 Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public.

This rule will amend the rules and regulations regarding the procedures for the conduct of a sign-up period for eligible cotton producers and importers to request a continuance referendum on the 1991 amendments to the Cotton Research and Promotion Order (Order) provided for in the Cotton Research and Promotion Act (Act) amendments of 1990. The amendments will update various dates, name changes, addresses, and make other administrative changes.

We are announcing designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (USGSA): Amarillo Grain Exchange, Inc. (Amarillo); Cairo Grain Inspection Agency, Inc. (Cairo); Louisiana Department of Agriculture and Forestry (Louisiana); North Carolina Department of Agriculture (North Carolina); and D. R. Schaal Agency, Inc. (Schaal). Amarillo has asked GIPSA to amend its designation to remove the north central Texas region from their assigned geographic area. GIPSA is asking for persons interested in providing official services in north central Texas, currently served by Amarillo, to submit an application for designation.

The Oregon Coast Province Advisory Committee will meet at Surftides Inn, Lincoln City. The agenda includes: Bureau of Land Management Western Oregon Planning Revision, Review of WOPR Issues and work towards recommendation, Public Comment.

The Siuslaw Resource Advisory Committee will meet in Corvallis, OR. The purpose of the meeting is to Review RAC FY08 Business, Elect Chairperson, Set FY08 Overhead Rate, Information Share, Public Forum and 2008 Project Review/Recommendations.