Department of Agriculture May 2008 – Federal Register Recent Federal Regulation Documents

On August 3, 2007 (72 FR 43223), the USDA, Forest Service published in the Federal Register a Notice of Intent (NOI) to prepare an environmental impact statement to designate a portion of the National Forest roads, trails, and areas open to public motor vehicle use on the Salmon-Challis National Forest (SCNF), and assign the type of use(s) and season of use allowed on each road and trail or portion thereof. The Forest Service is revising the proposed action to correct inconsistencies with the Salmon National Forest and Challis National Forest Land and Resource Management plans, correct errors in the mileages of roads and motorized trails described in the original proposed action, and announce a 60-day public comment period, rather than a 45-day public comment period on the Draft EIS.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of and revision to a currently approved information collection in support of the shell egg surveillance portion of the Regulation for the Inspection of Eggs7 CFR part 57.

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 rehabilitation of Pohick Creek Watershed Dam No. 3, Fairfax County, Virginia.

The Agricultural Marketing Service (AMS) will raise the user fees for cotton producers for 2008 crop cotton classification services under the Cotton Statistics and Estimates Act. These user fees also are authorized under the Cotton Standards Act of 1923. The 2007 user fee for this classification service was $1.85 per bale. This rule will raise the fee for the 2008 crop to $2.00 per bale. This fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision.

The following paragraph has been added to the beginning of the Summary portion of the January 22, 2008, Federal Register Notice: The Risk Management Agency (RMA) did not receive complete and valid application packages for the State of Delaware under the original Request for Application Notice published in the Federal Register on January 22, 2008, for the Crop Insurance Education in Targeted States Program (Targeted States Program). RMA is re-announcing its Funding OpportunityRequest for Applications under the Targeted States Program for the State of Delaware. Applicants who previously submitted an application under the January 22, 2008, Targeted States Program Request for Applications Notice for Delaware must reapply in accordance with the original Notice published in the Federal Register on January 22, 2008. All other portions and sections of the full text Notice remain unchanged.

The Colorado Recreation Resource Advisory Committee will tentatively meet in Golden, CO. The purpose of the meeting is to continue to provide the new committee members with the information they need to be effective committee members and review several fee proposals. These fee proposals will tentatively include several new cabin rentals and fee changes for: the Green Mountain Reservoir/ Cataract Lake fee area and the Arapaho National Recreation Area.

U.S. Department of Agriculture, Farm Service Agency (FSA) announces the availability of a Draft Supplemental Environmental Impact Statement (SEIS) for potential changes to the Emergency Conservation Program (ECP). ECP provides emergency funding to farmers and ranchers who have suffered damage to their agricultural lands as a result of a natural disaster. The goals of ECP are to restore farmland (currently, cropland, hayland, and pastureland) to a normal productive state after a natural disaster and provide assistance to producers to carry out emergency water conservation or enhancing measures in times of severe drought. The potential changes (proposed action) under consideration include expanding ECP eligibility to other types of farmland, namely timberland, farmsteads, roads, and feedlots. If FSA implements the changes, FSA would publish a proposed rule to reflect changes to the policy. The draft SEIS is available for public comment. The draft SEIS analyzes the impacts of the proposed action on the nation's environmental resources and economy. FSA analyzed the no action alternative (continuation of current program) to provide an environmental baseline.

We are amending the regulations for the treatment of plant pests by removing two treatment options that we now believe to be ineffective at neutralizing their target plant pests. A review of these treatments found these options to be ineffective. We are also removing two treatment schedules that are no longer authorized for use and clarifying the fruits and vegetables on which two methyl bromide treatments may be used. These changes are necessary to ensure that ineffective or unauthorized treatments are not used and to clarify the regulations.

We are advising the public that a risk analysis has been prepared by the Animal and Plant Health Inspection Service concerning the foot-and-mouth disease status of Surrey County, England, and the related disease risks associated with importing ruminants and swine and the fresh meat and other animal products of ruminants and swine from Surrey County, England. This evaluation will be used as a basis for determining whether to relieve certain restrictions on the importation of those articles into the United States from Surrey County, England. We are making this evaluation available to the public for review and 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 the collection of user fees.

The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) intends to conduct a Request for Referendum among eligible pork producers and importers of hogs, pigs, pork, and pork products to determine if those persons want a referendum on the Pork Promotion, Research, and Consumer Information Order (Order), commonly known as the Pork Checkoff Program, as authorized by the Pork Promotion, Research, and Consumer Information Act of 1985. The Request for Referendum is being conducted as a result of a settlement of a lawsuit entered into February 28, 2001, with USDA and the Michigan Pork Producers Association, Inc., et al. (Plaintiffs). Under the settlement agreement, USDA will conduct a Request for Referendum among eligible pork producers and importers to determine whether producers and importers favor holding a referendum on the Pork Checkoff Program. Eligible producers and importers will be able to participate during a specified period announced by USDA. If the Request for Referendum indicates that 15 percent of the total number of eligible producers and importers want a referendum on the Pork Checkoff Program, the referendum will be conducted within 1 year after the results of the Request for Referendum are announced. If results of the Request for Referendum indicate that a referendum is not supported, a referendum would not be conducted. AMS also is withdrawing in this issue of the Federal Register, the proposed rule concerning submission of information that was published on March 13, 2003 [68 FR 11996].

The USDA, Forest Service, Plumas National Forest will prepare an EIS on a proposal to harvest dead trees on approximately 15,568 acres in the Moonlight and Antelope Complex fires areas. The Moonlight and Antelope Complex fires burned about 88,000 acres between July and September 2007 on the Plumas National Forest.

This final rule amends the Fluid Milk Promotion Order (Order) by reducing the burden of late-payment charges applied to processors who mistakenly underreport the amount of assessments owed to the National Fluid Milk Processor Promotion Board (Board), provided that the processor has not made more than two reporting errors in the prior 12 months.

This final rule establishes the Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order (Packers Order). The Packers Order is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). Under the Packers Order, first handlers and importers will pay an assessment of $0.01 per pound on honey and honey products. First handlers and importers of less than 250,000 pounds of honey and honey products annually will be exempt from the assessment. The assessments will be remitted to the Honey Packers and Importers Board (Board) to conduct a generic program of promotion, research, consumer education, and industry information to maintain and expand markets for honey and honey products. A referendum was conducted among honey first handlers and importers between April 2 and April 16, 2008. Seventy-eight percent of those covered under the Packers Orderrepresenting ninety-two percent of the volume of those voting in the referendumfavored implementation of the program. This rule also suspends the requirement of the existing Honey Research, Promotion, and Consumer Information Order (Current Order) and regulations authorized under the Honey Research, Promotion, and Consumer Information Act (Honey Act) that honey producers and importers pay to the National Honey Board (Current Board) an assessment in the amount of $0.01 per pound on honey and honey products. The provisions of the Current Order and regulations issued thereunder will be terminated at a later date.

The Commodity Credit Corporation (CCC) issues this notice to advise sugarcane processors and growers that they may request a public hearing as a result of an application made by a new sugarcane processor, Andino Energy Enterprises, L.L.C., for a cane sugar allocation starting with the 2008 crop year. Andino Energy Enterprises, L.L.C., is requesting a 2008-crop year allocation of 50,000 short tons, raw value (STRV), with annual increases in its allocation to 60,000, 80,000, 100,000 and 120,000 STRV, for crop years 2009, 2010, 2011 and 2012, respectively. The new processor will be located in Louisiana, an existing mainland State in the CCC sugar marketing allotment program. If CCC receives a request for a hearing, CCC will conduct a hearing.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 and in response to a Right-of-Way (ROW) application filed by Idaho Power and Rocky Mountain Power, the Bureau of Land Management (BLM), Wyoming State Office, U.S. Forest Service (USFS), Caribou-Targhee and Medicine Bow-Routt National Forests, announces their intention to prepare an EIS and conduct public scoping meetings. Idaho Power and Rocky Mountain Power propose to construct electric transmission lines from the proposed Windstar Substation near the Dave Johnston Power Plant at Glenrock, Wyoming to the proposed Hemingway substation near Melba, Idaho, approximately 20 miles southwest of Boise, Idaho. The project is composed of 11 transmission line segments with a total length of approximately 1,250 miles. Authorization of this proposal may result in the amendment of Forest Service and BLM land use plans (Forest Plans, Management Framework Plans, and Resource Management Plans).

We are proposing to allow the importation of commercial consignments of tomatoes from the Souss-Massa region of Morocco subject to a systems approach similar to that which is already in place for tomatoes imported into the United States from other areas of Morocco. The tomatoes would have to be produced under conditions that would include requirements for pest exclusion at the production site, fruit fly trapping inside the production site, and pest-exclusionary packinghouse procedures. The tomatoes would also be required to be accompanied by a phytosanitary certificate issued by the Moroccan national plant protection organization with an additional declaration stating that the tomatoes have been grown in registered greenhouses in the Souss-Massa region and were 60 percent or less pink at the time of packing. This action would allow for the importation of commercial consignments of tomatoes from the Souss-Massa region of Morocco into the United States while continuing to provide protection against the introduction of quarantine pests.

We are proposing to amend the regulations regarding the importation of live horses, ruminants, swine, and dogs by removing Panama from the lists of regions where screwworm is considered to exist. We are taking this action because the eradication of screwworm from Panama has been confirmed. This action would relieve certain screwworm-related certification and inspection requirements for live animals imported into the United States from Panama.

On April 2, 2001, the Agricultural Marketing Service (AMS) implemented the Livestock Mandatory Reporting (LMR) program as required by the Livestock Mandatory Reporting Act of 1999 (1999 Act). The statutory authority for the program lapsed on September 30, 2005. In October 2006, legislation was enacted to reauthorize the 1999 Act until September 30, 2010, and to amend the swine reporting requirements of the 1999 Act (Pub. L. 109-296) (Reauthorization Act). This final rule will re-establish the regulatory authority for the program's continued operation and incorporate the swine reporting changes contained within the Reauthorization Act as well as make other changes to enhance the program's overall effectiveness and efficiency based on AMS' experience in the administration of the program over the last 6 years.

The Medora Ranger District, Dakota Prairie Grasslands, proposes to continue grazing on 48 allotments in a manner consistent with direction set forth in the Dakota Prairie Grasslands Land and Resource Management Plan (Grasslands Plan) and applicable laws. The ETS will lay the groundwork for revising the Allotment Management Plans (AMPs) for the 48 allotments. Site-specific resource objectives, allowable grazing strategies, and adaptive management tools will be set forth in the EIS in order to allow managers flexibility to meet objectives.