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

The Agricultural Marketing Service (AMS) is establishing a voluntary standard for a grass (forage) fed livestock marketing claim. This standard incorporates revisions made as a result of comments received from an earlier proposed standard. A number of livestock producers make claims associated with production practices in order to distinguish their products in the marketplace. With the establishment of this voluntary standard, livestock producers may request that a grass (forage) fed claim be verified by the Department of Agriculture (USDA). Verification of this claim will be accomplished through an audit of the production process in accordance with procedures that are contained in Part 62 of Title 7 of the Code of Federal Regulations (7 CFR part 62), and the meat sold from these approved programs can carry a claim verified by USDA.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board. The meeting is open to the general public.

The Shawnee National Forest is proposing to begin charging fees at eight day-use recreation sites, as well as for equestrian use of the designated trail system. Additionally, the Forest proposes to increase fees at five campgrounds. The proposed fees are based on the level of amenities and services provided, cost of operation and maintenance and market assessment. At this time, the fees described below are only proposed and may be modified upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance of recreation sites and the Forest's designated equestrian trail system. The establishment of fees at certain types of recreation sites on national forests is authorized by the Federal Lands Recreation Enhancement Act which was signed into law by President Bush in December 2004. In addition to the new fees and the fee increases, the Shawnee National Forest is proposing to increase the cost effectiveness of some recreation facilities by removing amenities at these sites.

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 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 Sandy Urban Fish Pond/Park Project, Salt Lake County, UT.

We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with the importation into the continental United States and Hawaii of sweet cherries from Australia. Based on that analysis, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of sweet cherries from Australia. We are making the pest risk analysis, as well as an environmental assessment we have prepared in connection with this action, available for review and comment.

Opal Creek Scenic Recreation Area Advisory Council meetings will convene in Stayton, Oregon on Wednesday, November 7, 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: review and approve Advisory Council Bylaws and Meeting Procedures, Three Pools Recreation Fee Proposal and future focus of the Advisory Council. 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.

The California Coast Provincial Advisory Committee (CCPAC) will meet on October 17, 2007, in Eureka, California. The purpose of the meeting is to discuss issues relating to implementing the Northwest Forest Plan (NWFP).

This rule increases the assessment rate established for the Walnut Marketing Board (Board) for the 2007-08 and subsequent fiscal periods from $0.0101 to $0.0122 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The USDA, Forest Service, DOI, Bureau of Land Management and Idaho Department of Environmental Quality prepared a Draft Environmental Impact Statement that documented the analysis and disclosed the environmental impacts of the proposed Smoky Canyon Mine, Panels F and G Project, a phosphate mine expansion. The DEIS was released for comment in December 2005 and a Notice of Availability was published in the Federal Register on December 29, 2005. This revised Notice of Intent is to document a change in the schedule for the release of the FEIS. In the original NOI, dated September 15, 2003, the tentative date for release of the FEIS was September 2005; in the update to the NOI on December 29, 2005 the FEIS was scheduled for release in July, 2006. Due to scheduling changes, the release of the FEIS is now scheduled for October 2007.

We are adopting as a final rule, without change, an interim rule that amended the emerald ash borer regulations by adding Prince George's County, MD, to the list of areas quarantined because of emerald ash borer. The interim rule was necessary to prevent the artificial spread of the emerald ash borer from Prince George's County, MD, into noninfested areas of the United States. As a result of the interim rule, the interstate movement of regulated articles from that county is restricted.

The Daniel Boone National Forest will begin charging a $25 group day use rental fee for the Alpine Picnic Area picnic shelter, the Natural Arch Scenic Area picnic shelter and the Natural Arch Scenic Area amphitheater. These facilities are currently only available on a first come first serve basis. Rentals of other picnic shelters on the Daniel Boone National Forest have shown that groups would like an option to reserve the shelters for their use. Shelter rentals allow public groups to plan activities in advance with the guarantee the shelter will be available for their use. The facilities will continue to be available on a first come first serve basis if not reserved. Fee revenue will be used to help cover the administrative cost of reserving and preparing the facilities for group rentals.

We published an advance notice of proposed rulemaking in the Federal Register on July 20, 2007 (72 FR 39762), inviting comments from producers, handlers, processors, livestock feeders, industry representatives, and other interested persons on the appropriate government role with regard to differentiating grain attributes for ethanol production, as well as standardizing the testing of co-products of ethanol production, commonly referred to as distillers grains. The notice provided an opportunity for interested parties to forward written comments to the Grain Inspection, Packers and Stockyards Administration until September 18, 2007. As a result of a request from the grain industry, we are reopening the comment period to provide interested parties with additional time in which to comment.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the importation of pine nursery stock and various pine products from Canada to prevent the spread of pine shoot beetle into noninfested areas of the United States.

The Agricultural Marketing Service (AMS) is issuing this advance notice of proposed rulemaking in response to industry interest in the establishment of a marketing program to address the handling of fresh and fresh-cut leafy green vegetables. The program would allow packers, processors, shippers, and marketers (collectively referred to as handlers) to maintain the quality of their products by reducing the risk of pathogenic contamination during the production and handling of leafy greens. Authorities and regulations under the program would not supplant those of the Food and Drug Administration (FDA), which is responsible for ensuring that foods are safe, wholesome, and sanitary. Comments are being sought from the public, particularly from growers, handlers, buyers, and sellers of leafy green commodities, regarding whether to issue such regulations under an AMS marketing program and if so, the possible substance and implementation of the program.

This proposed rule would suspend the historical license reduction provisions of the dairy import licensing program, 7 CFR part 6, for a period of 5 years. This temporary suspension is intended to improve program administration and reflect changes in the markets for cheese and other dairy products subject to import licensing requirements.

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 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 Supplemental Watershed Plan-Environmental Assessment for the Mary's Creek Watershed Floodwater Retarding Structure No. 7, Shelby County, Tennessee.

The Forest Service, USDA will prepare an environmental impact statement (EIS) on a proposal to exchange 337.74 acres of federal lands north of the unincorporated community of Greer, Arizona, for 396.35 acres of non-federal lands along the West Fork of the Black River and the Blue River in east-central Arizona. The EIS will analyze the proposed change of the federal lands described as Tract A and Tract B for the non-federal lands described as Rancho Alegre, Thompson Ranch, and Blue River Ranch parcels. The federal and non-federal lands proposed for exchange are located in Apache and Greenlee Counties, Arizona. The affected Forest Service units are the Springerville and Alpine Ranger Districts of the Apache-Sitgreaves National Forests. The exchange would occur with First American Title Insurance Company, Trustee, under Trust 8541, on behalf of Precision Components, Inc., Herbert W. Owens. Summit Resources, LLC is acting as a third-party facilitator for the non-federal landowner. Implementation of the proposed exchange is scheduled for August 2008. The Apache-Sitgreaves National Forest Supervisor invites the public to submit comments on the proposal and suggestions on the scope of the proposed exchange. The Forest Supervisor also invites the public to participate in the environmental analysis and decision-making process for the proposed exchange of lands.

This notice lists the newspapers that will be used by all Ranger Districts, Forests, Grasslands, and the Regional Office of the Northern Region to publish legal notices for public comment and decisions subject to appeal and predecisional administrative review under 36 CFR 215, 217, and 218. The intended effect of this action is to inform interested members of the public which newspapers will be used to publish legal notices for public comment or decisions; thereby allowing them to receive constructive notice of a decision, to provide clear evidence of timely notice, and to achieve consistency in administering the appeals process.

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, Arctic National Wildlife Refuge Recreation Visitor Study2008.

The Inyo National Forest (INF) 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 National Forest System (NFS) roads, NFS trails and areas by the public except as allowed by permit or other authorization. 2. Changes in the INF Transportation System, including the addition of approximately 925 miles of existing unauthorized (non- system) routes to the current system of National Forest System (NFS) roads and motorized trails and minor changes to existing motor vehicle restrictions.