Department of Agriculture 2007 – Federal Register Recent Federal Regulation Documents

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.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, this notice announces the National Agricultural Library's intent to request approval for a new information collection to obtain an evaluation of user satisfaction with NAL Internet sites.

This advance notice of proposed rulemaking seeks comments with respect to the manner in which so-called ``combination'' or ``flex'' leases are viewed by the Department of Agriculture in the administration of various programs that are administered by the Farm Service Agency (FSA) and the Risk Management Agency (RMA). This includes those programs of the Commodity Credit Corporation (CCC) that are administered by FSA on behalf of CCC and those programs of the Federal Crop Insurance Corporation (FCIC) that are administered by RMA on behalf of FCIC. Changes have occurred within agriculture that relate to the types of leases. A traditional crop share lease is a lease where the landlord receives a share of the crop production in full satisfaction of the rent. A traditional cash lease is a lease where the tenant pays the landlord a set cash amount regardless of the quantity of the tenant's production of a crop. New types of leases may contain traits of both a share lease and a cash lease. Accordingly, existing program provisions may not accurately and appropriately take these new lease types into consideration.

We are extending the comment period for our notice of availability and request for comments regarding a draft pest risk assessment that has been prepared relative to our consideration of a request to allow the importation into the continental United States of fresh lemons from Argentina. This action will allow interested persons additional time to prepare and submit comments.

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 to prevent the interstate spread of exotic Newcastle disease in birds and poultry and chlamydiosis in poultry.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public, and other public agencies to comment on a proposed information collection. This notice announces the Food and Nutrition Service's (FNS) intention to request Office of Management and Budget approval of the voluntary information collection process to be used in the National Universal Product Code (NUPC) database, an electronic national repository of Special Supplemental Nutrition Program for Women, Infants, and Children Program (WIC) eligible foods that have been authorized or approved by WIC State agencies. Section 203(e)(12) of the Child Nutrition and WIC Reauthorization Act of 2004 requires the Secretary to establish an NUPC database for use by State agencies in carrying out the program.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services, are sponsoring a public meeting on September 26, 2007. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the Thirty-ninth Session of the Codex Committee on Food Hygiene (CCFH) of the Codex Alimentarius Commission (Codex), which will be held in Delhi, India, from October 30-November 4, 2007. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties with the opportunity to obtain background information on the 39th Session of the CCFH and to address items on the agenda.

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 fruits and vegetables.

In accordance with legislation implementing the results of the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade, we are informing the public of international standard- setting activities of the World Organization for Animal Health, the Secretariat of the International Plant Protection Convention, and the North American Plant Protection Organization, and we are soliciting public comment on the standards to be considered.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule changing the requirements for interhandler transfers of raisins under the administrative rules and regulations of the California raisin marketing order (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative California (Committee or RAC). This rule continues in effect the action that requires handlers who transfer raisins to other handlers within the State of California to certify to the Committee that only acquired, free-tonnage raisins that meet all applicable order requirements are being transferred to receiving handlers. This action helps maintain the integrity of the order by ensuring that handlers only transfer acquired, free-tonnage raisins that meet applicable order requirements.

We are adopting as a final rule, without change, an interim rule that amended the regulations by removing a portion of Webb County, TX, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from that area. The interim rule was necessary to relieve restrictions that were no longer needed to prevent the spread of the Mexican fruit fly into noninfested areas of the United States.