Department of Agriculture 2007 – Federal Register Recent Federal Regulation Documents
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Notice of Request for Approval of an Information Collection; Customer/Stakeholder Satisfaction Surveys
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate new information collection activities, to conduct surveys of customer/stakeholder satisfaction for both the National Animal Health Monitoring System and the National Veterinary Services Laboratories.
Public Meeting; Veterinary Biologics
We are issuing this notice to inform producers and users of veterinary biological products, and other interested individuals, that we will be holding our 14th public meeting to discuss regulatory and policy issues related to the manufacture, distribution, and use of veterinary biological products. We are planning the meeting agenda and are requesting suggestions for topics of general interest to producers and other interested individuals.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Reopening and Extension of Comment Period on Changing Regulatory Periods
Notice is hereby given that the comment period on proposed changes in the regulatory periods when minimum grade, size, quality, and maturity requirements apply to southeastern California grapes under Marketing Order No. 925 (order), and to imported grapes under the table grape import regulation is reopened and extended until December 28, 2007.
United States Standards for Grades of Frozen Okra
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on the proposed revision to the United States Standards for Grades of Frozen Okra. AMS received a petition from the American Frozen Food Institute (AFFI) requesting that USDA revise the standards for frozen okra from a ``score point'' grading system to an ``individual attribute'' grading system. The individual attribute grading system uses sample sizes and acceptable quality levels (AQL's), along with tolerances and acceptance numbers (number of allowable defects), to determine the quality level of a lot. This change was requested to bring the standards for frozen okra in line with the present quality levels being marketed today and to provide guidance in the effective utilization of frozen okra.
Notice of Request for New Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces that the Agricultural Marketing Service (AMS) is requesting approval from the Office of Management and Budget of a new information collection ``Laboratory Approval Programs'' in support of U.S. agricultural commodities.
Privacy Act of 1974; Revision of System of Records and Proposed New Routine Uses
The United States Department of Agriculture gives notice that it is proposing to revise its Privacy Act System of Records, USDA/FSA-2 entitled ``Farm Records File (Automated).''
Information Collection; Airplane Pilot Qualifications and Approval Record, Helicopter Pilot Qualifications and Approval Record, Airplane Data Record, and Helicopter Data Record
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the revision of a currently approved information collection, Airplane Pilot Qualifications and Approval Record, Helicopter Pilot Qualifications and Approval Record, Airplane Data Record, and Helicopter Data Record.
National Organic Program (NOP); Amendments to the National List of Allowed and Prohibited Substances (Livestock)
This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to enact recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) from October 30, 2000, through March 3, 2005. Consistent with the recommendations from the NOSB, this final rule adds two defined terms and nine substances, along with any restrictive annotations, and a category of substances to the National List.
Privacy Act of 1974; Revision of Systems of Records and Proposed New Routine Uses
Pursuant to the Privacy Act (5 U.S.C. 552a), the United States Department of Agriculture (USDA) gives notice that it proposes to amend five Privacy Act Systems of Records maintained by the Risk Management Agency (RMA).
Importation of Fruits and Vegetables
We are proposing to amend the regulations pertaining to the importation of fruits and vegetables to eliminate a treatment requirement for Ya pears imported from Shandong Province, China; to clarify the conditions that apply to the importation of sand pears from the Republic of Korea and Japan; and to clarify the distinction between plant parts that would be considered to be plant litter or debris and those that would not. These proposed changes would eliminate a treatment requirement that no longer appears to be necessary and would clarify some existing provisions in order to make the regulations easier to understand and implement.
Cold Treatment Regulations; Correction
We are correcting an error in the cold treatment regulations that resulted from the publication of an interim rule on July 2, 2007, that was effective on August 31, 2007, and the publication of a separate final rule on July 18, 2007, that was effective on August 17, 2007. Because the July 18 final rule reorganized the cold treatment regulations, changes we made in the July 2 interim rule inadvertently removed provisions relating to places for cold treatment and ports of entry from the regulations when the interim rule became effective on August 31, 2007. This correction amends the regulations by reinstating those provisions.
Tart Cherries Grown in the States of Michigan, et al.; Final Free and Restricted Percentages for the 2007-2008 Crop Year for Tart Cherries
This proposed rule invites comments on the establishment of final free and restricted percentages for 2007-08 crop year tart cherries covered under the Federal marketing order regulating tart cherries grown in seven states (order). The percentages are 57 percent free and 43 percent restricted and will establish the proportion of cherries from the 2007 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions. The percentages were recommended by the Cherry Industry Administrative Board (Board), the body that locally administers the order. The order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2
This rule invites comments on a modification of the minimum size requirements under the Colorado potato marketing order, Area No. 2. The marketing order regulates the handling of Irish potatoes grown in Colorado, and is administered locally by the Colorado Potato Administrative Committee, Area No. 2 (Committee). The minimum size requirements for Area No. 2 potatoes currently allow the handling of potatoes that are at least 2 inches in diameter or 4 ounces minimum weight, except that round potatoes may be of any weight, and Russet Burbank, Russet Norkotah, and Silverton Russet varieties may be a minimum of 1\7/8\ inches in diameter or 4 ounces in weight. This rule would remove the exception that Russet Burbank, Russet Norkotah, and Silverton Russet varieties may be 1\7/8\ inches in diameter, thus requiring these varieties to also meet the minimum requirements of 2 inches in diameter or 4 ounces in weight. This change is intended to facilitate the handling and marketing of Colorado Area No. 2 potatoes.
Sheppard Creek Post-Fire Project, Flathead National Forest, Flathead and Lincoln Counties, MT
The USDA Forest Service will prepare an environmental impact statement (EIS) for a proposal to salvage merchantable timber affected by the Brush Creek wildland fire on the Tally Lake Ranger District of the Flathead National Forest. This fire burned a total of approximately 30,000 acres on the Flathead and Kootenai National Forests from July to September of 2007. Approximately 25,000 acres burned on the Tally Lake Ranger District where this project is proposed. The Kootenai National Forest will be preparing a separate salvage proposal. The city of Whitefish, Montana is located about twenty air miles to the east of the central portion of the project area.
Thermal Standards
The Rural Housing Service (Agency) is amending its regulations to be consistent with other Federal agencies. The current thermal standards for existing single family housing can impose an unnecessary financial burden on the borrower and are not always cost-effective. Removing the thermal standards for existing single family housing will provide consistency with HUD. This change will not affect the thermal standards for new construction; such requirements are generally prescribed by adopted building and model energy codes. Construction materials and building techniques have improved tremendously during the last thirty years, creating many alternatives to achieve thermally efficient homes. Removing the Agency's imposed thermal standards for existing single family housing will give a borrower the opportunity to allocate money towards other improvements which may result in higher cost savings. The rule will not result in any increase in costs or prices to consumers; non-profit organizations; businesses; Federal, State, or local government agencies; or geographic regions.
Notice of Request for Approval of an Information Collection; Phytophthora Ramorum Surveys and Data Collection Form
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of new information collection activities associated with a program to prevent the spread of Phytophthora ramorum to noninfested areas of the United States.
National Organic Program (NOP); Amendments to the National List of Allowed and Prohibited Substances (Crops and Livestock)
This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on August 17, 2005. Consistent with the recommendations from the NOSB, this final rule adds one substance, along with any restrictive annotations, to two sections of the National List. This final rule also clarifies the use and prohibition of chitosan.
Information Collection; Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, Small Business Timber Sale Set-Aside Program: Appeal Procedures on Recomputation of Shares.
Information Collection; Locatable Minerals
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, Locatable Minerals.
Avocados Grown in South Florida and Imported Avocados; Revision of the Maturity Requirements
This rule would revise the maturity requirements currently prescribed for avocados grown in South Florida and for avocados imported into the United States that are shipped to the fresh market. The Avocado Administrative Committee (Committee) which locally administers the marketing order for avocados grown in South Florida recommended the change for Florida avocados. A corresponding change in the import regulation would also be required under section 8e of the Agricultural Marketing Agreement Act of 1937 if this rule was implemented. This rule would require that avocados which fail the maturity requirements and are reworked and presented for reinspection must meet the maturity requirements which correspond to the date of the original inspection. This rule would help ensure only mature avocados are shipped to the fresh market.
Bridger-Teton National Forest, Wyoming, Supplemental Analysis To Consider Potential Field Development (Master Development Plan) Subsequent to Proposed Exploratory Drilling by Plains Exploration and Production Company (PXP) Within the South Rim Unit on the Big Piney Ranger District
The Bridger-Teton National Forest prepared a Draft Environmental Impact Statement (DEIS) in response to a request from PXP to drill an exploratory well on the Big Piney Ranger District, along with two additional wells on the same drill pad should the initial well be productive. After release of the DEIS for the Eagle Prospect exploratory wells and in response to public comments and a request from PXP relative to cumulative effects, the Forest will expand the analysis to address a potential field development scenario or master Development Plan, as provided for in the newly revised Onshore Order No. 1. this constitutes a substantial change in the proposed action analyzed in the DEIS and therefore requires the Forest to revise the analysis and prepare a new DEIS.
Mediterranean Fruit Fly; Add Portions of Santa Clara and Solano Counties, CA, to the List of Quarantined Areas
We are amending the Mediterranean fruit fly regulations by adding portions of Santa Clara and Solano Counties, CA, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. We are also amending the definitions of the terms core area and day degrees and adding blueberries (Vaccinium spp.) to the list of articles regulated for Mediterranean fruit fly. These actions are necessary to prevent the artificial spread of Mediterranean fruit fly to noninfested areas of the United States and to update the regulations to reflect current science and practices.
Pistachios Grown in California; Changes in Handling Requirements
This rule changes the handling requirements currently authorized under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). This rule suspends the minimum quality requirements, including maximum defects and minimum sizes, for California pistachios. This will reduce handler costs and provide handlers more flexibility in meeting customer needs.
Medford Aspen Project; Chequamegon-Nicolet National Forest, Taylor County, WI
The USDA Forest Service, Chequamegon-Nicolet National Forest, Medford-Park Falls Ranger District intends to prepare an environmental impact statement (EIS) to document the analysis and disclose the environmental effects of proposed land management activities, and corresponding alternatives within the Medford Aspen project area. This notice revises the ``responsible official'' and updates the expected statement dates.
Notice of Proposed New Fee Sites-Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
The Rogue RiverSiskiyou National Forest is planning to charge fees at four new recreational-rental facilities. All four sites are Forest Service structures that are listed on the National Register of Historic Places; each of them has recently been repaired/restored and has had amenities added to improve services and experiences. Big Elk Guard Station, Lodgepole Guard Station, and Hershberger Mountain Lookout (all located on the High Cascades Ranger District) will become available for overnight rental; Squaw Peak Lookout (on the Siskiyou Mountains Ranger District) will also become available for overnight rental. Although different at each site, the new amenities range from electricity (Big Elk) and running water/indoor toilet (Lodgepole ) to vault toilets, working fireplaces, horse paddocks, and/or road-access improvements. The range of fees stated here is only proposed, and the actual fee for each site will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance of these recreation sites. A financial analysis is being done to determine the rental fees, but they may range between $40 and $80 per night. The Rogue River Siskiyou National Forest currently has ten other rental cabins or lookouts, and they are often booked up during the recreation season. The fees would continue to help preserve these particular structures and maintain their historic integrity.
Plant Materials Centers
Minor editorial changes are being made to clarify and update the existing regulation on plant materials centers. Although the changes are minor, the entire part is published in this final rule for the convenience of the reader.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages
This interim rule revises regulations governing the WIC food packages to align the WIC food packages with the Dietary Guidelines for Americans (DGA) \1\ and current infant feeding practice guidelines of the American Academy of Pediatrics, better promote and support the establishment of successful long-term breastfeeding, provide WIC participants with a wider variety of food, and provide WIC State agencies with greater flexibility in prescribing food packages to accommodate participants with cultural food preferences.
Notice of Meeting; Federal Lands Recreation Enhancement Act (Title VIII, Pub. L. 108-447)
The Colorado Recreation Resource Advisory Committee will tentatively meet in Lakewood CO. The purpose of the meeting is to provide the new committee members with the information they will need to be effective committee members. This will include briefings on the Federal Lands Recreation Enhancement, the Federal Advisory Committee Act and other legal requirements as needed. The committee will also elect a chairperson, develop the bylaws and other operating procedures.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service (RUS) an agency delivering the U.S. Department of Agriculture (USDA) Rural Development Utilities Programs invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested.
United States Standards for Grades of Sweet Cherries
The Agricultural Marketing Service (AMS) is withdrawing the notice soliciting comments on its proposal to amend the voluntary United States Standards for Grades of Sweet Cherries. After reviewing and considering the comments received, the agency has decided not to proceed with this action.
Opportunity for Designation in Maryland, New Jersey, and New York
The Grain Inspection, Packers and Stockyards Administration (GIPSA) has received inquiries, letters, and requests for official services in the currently unassigned states of Maryland, New Jersey, and New York. GIPSA plans to designate one or more organizations qualified to provide official services in Maryland, New Jersey, and New York. GIPSA is asking persons interested in providing official services in all or part of the unassigned areas of Maryland, New Jersey, and New York to submit an application for designation.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Decreased Assessment Rate
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased 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.
Notice of Funds Availability (NOFA) Inviting Applications for the Federal-State Marketing Improvement Program (FSMIP)
The Agricultural Marketing Service (AMS) announces the availability of approximately $1.3 million in competitive grant funds for fiscal year 2008 to enable States to explore new market opportunities for U.S. food and agricultural products and to encourage research and innovation aimed at improving the efficiency and performance of the U.S. marketing system. Eligible applicants include State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. Applicants are encouraged to involve industry groups, academia, community-based organizations, and other stakeholders in developing proposals and conducting projects. In accordance with the Paperwork Reduction Act of 1995, the information collection requirements have been previously approved by OMB under 0581-0240, Federal-State Marketing Improvement Program (FSMIP).
National Animal Identification System; Updated Program Standards
We are advising the public that we are making available for review and comment a revised version of the National Animal Identification System (NAIS) Program Standards and Technical Reference document. A previous Program Standards document was originally made available in May 2005. The revised Program Standards and Technical Reference document reflects the continuing evolution of the NAIS, particularly with regard to identification devices available for official use within the system, and provides further guidance to NAIS participants and other interested stakeholders.
Citrus Greening and Asian Citrus Psyllid; Availability of a Finding of No Significant Impact
We are advising the public that we have prepared a finding of no significant impact relative to a new Federal order that restricts the interstate movement of regulated articles from areas quarantined for citrus greening disease and the Asian citrus psyllid. The finding of no significant impact is based on an environmental assessment that we prepared to document our review and analysis of the potential environmental impacts associated with the implementation of the new Federal order. In a notice published in the Federal Register on November 2, 2007, we made the environmental assessment available to the public for review and comment, but noted that we may have to begin an expanded citrus greening regulatory program in Florida immediately and issue a finding of no significant impact for the environmental assessment before the comment period on the environmental assessment concludes.
Grain Inspection, Packers and Stockyards Administration
GIPSA requests comments on the applicants for designation to provide official services in north central Texas, and the applicant for south central California. Enid Grain Inspection Company, Inc. (Enid) and Plainview Grain Inspection and Weighing Service, Inc. (Plainview) applied for counties in Texas, and California Agri Inspection Company, Ltd. (California Agri) applied for counties in California that were open for designation.
Designation for the Columbus (OH), Farwell (TX), and Decatur (IN) Areas
We are announcing designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (USGSA): Columbus Grain Inspection, Inc. (Columbus); Farwell Grain Inspection, Inc. (Farwell); and Northeast Indiana Grain Inspection, Inc. (Northeast Indiana).
Opportunity for Designation in Georgia, Cedar Rapids (IA), and Montana Areas, and Request for Comments on the Official Agencies Serving These Areas
The designations of the official agencies listed below will end on June 30, 2008. We are asking persons interested in providing official services in the areas served by these agencies to submit an application for designation. We are also asking for comments on the quality of services provided by these currently designated agencies: Georgia Department of Agriculture (Georgia); Mid-Iowa Grain Inspection, Inc. (Mid-Iowa); and Montana Department of Agriculture (Montana).
Black Hills National Forest Advisory Board Public Meeting Dates Announced
The Black Hills National Forest Advisory Board (NFAB) has announced its meeting dates for 2008. These meetings are open to the public, and public comment is accepted at any time in writing and at the pleasure of the Board chair at each meeting for verbal comments. Persons wishing to speak may be given three minutes to address the Board. Meeting dates are the third Wednesday of each month unless otherwise indicated:
List of Newspapers To Be Used by the Alaska Region for Publication of Legal Notices of Decisions Subject to Administrative Appeal Under 36 CFR Part 217
This notice lists the newspapers that Forests and the Regional Office of the Alaska Region will use to publish legal notice of all decisions subject to appeal under 36 CFR part 217. The intended effect of this action is to inform interested members of the public which newspapers will be used to publish legal notice of decisions subject to appeal under 36 CFR part 217, 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.
Medicine Bow-Routt National Forests and Thunder Basin National Grassland; Wyoming; Inyan Kara Analysis Area Vegetation Management Phase II
The Forest Service is analyzing the management of rangeland vegetation resources, which includes livestock grazing, on the National Forest System (NFS) lands within the Thunder Basin National Grasslands. NFS lands that comprise the Inyan Kara Analysis Area Vegetation Management Phase II will be assessed to determine how existing resource conditions compare to the desired conditions outlined in the Thunder Basin National Grassland Land and Resource Management Plan (LRMP). A management strategy will be developed in order to maintain or improve rangeland and vegetation conditions toward LRMP desired conditions.
Importation of Nursery Stock; Technical Amendment
In a final rule that was published in the Federal Register on August 6, 2007, and effective on September 5, 2007, we amended the regulations governing the importation of nursery stock by making several changes, including allowing the importation of restricted articles in tissue culture medium that is not transparent or translucent. It was our intent that the amended regulations only allow the use of agar or agar-like tissue culture medium. In this amendment, we are amending the regulation to clarify that intent.
Brucellosis in Cattle; State and Area Classifications; Idaho
We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Idaho from Class A to Class Free. We determined that Idaho met the standards for Class Free status. The interim rule relieved certain restrictions on the interstate movement of cattle from Idaho.
Notice of New Fee Sites and Increase in Fees at 3 Existing Fee Sites-Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
The Rio Grande National Forest is planning to charge a $50/ night fee for the new overnight rentals of Stone Cellar Guard Station, Saguache Bunk House, Alder Creek Guard Station and Fitton Cabin; as well as a $75/night fee for Upper Crossing Guard Station, River Springs Guard Station and 2 cabins at Platoro Reservoir. These cabins have not been available for recreation use prior to this date. Rentals of other cabins on the Rio Grande National Forest have shown that people appreciate and enjoy the availability of historic rental cabins. The Rio Grande National Forest is also proposing that the fees for existing rental cabins be raised from $35/night to $50/night for Brewery Creek Guard Station, Carnero Guard Station, and Elwood Guard Station. Funds from the rental cabins will be used for the continued operation and maintenance of the cabins.
National Wildlife Services Advisory Committee; Notice of Solicitation for Membership
We are giving notice that we have reestablished the Secretary's National Wildlife Services Advisory Committee for a 2-year period. The Secretary is soliciting nominations for membership on this Committee.
Notice of Intent: To Request Comments on a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the intention of NRCS to request a revision for a currently approved information collection, Long-Term Contracting.
National Wildlife Services Advisory Committee; Notice of Intent To Reestablish
We are giving notice that the Secretary of Agriculture intends to reestablish the National Wildlife Services Advisory Committee for a 2-year period. The Secretary has determined that the Committee is necessary and in the public interest.
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