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

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Nawgan Products, LLC of Chesterfield, Missouri, an exclusive license to U.S. Patent Application Serial No. 11/387,312, ``Food-Grade Formulations for Long-Term Stabilization of Lycopene,'' filed on March 26, 2006.

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 Floodwater Retarding Structure No. 5 of the Plum Creek Watershed, Hays County, Texas.

The U.S. Department of Agriculture (USDA) is amending the guidelines for designating biobased products for Federal procurement, to add ten sections to designate items, including subcategories, within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002. USDA also is establishing a minimum biobased content for each of these items and subcategories.

The Forest Service will prepare a Supplemental Environmental Impact Statement (SETS) for Motorized Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones to present additional information on grizzly bear mortality and population trends and account for uncertainty in relevant grizzly bear research. The SEIS will include a detailed analysis of Alternative D Modified and Alternative E that reflect the current condition of habitat security for grizzly bears. The Notice of Availability of the Draft EIS was published in the Federal Register (66 FR 57717) on November 16, 2001 and notice of the Final EIS (67 FR 11692) was published on March 15, 2002. On March 24, 2004, the Record of Decision (ROD) was signed that amended the Forest Plans for the Kootenai, Lolo and Idaho Panhandle National Forests. The ROD amended the objectives, standards, and guidelines that address grizzly bear management within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones. Alternative E was selected for implementation, with the incorporation of terms and conditions of the U.S. Fish and Wildlife Service's (USFWS) Biological Opinion. On December 13, 2006, U.S. District Court Judge Donald Molloy ruled against the U.S. Forest Service and the U.S. Fish and Wildlife Service in a lawsuit brought by the Cabinet Resource Group, Great Bear Foundation, Idaho Conservation League, Natural Resources Defense Council, and Selkirk Conservation Alliance. Judge Molloy ordered that the 2002 Final Environmental Impact Statement and 2004 Record of Decision be set aside as contrary to law and that the matter be remanded to the Forest Service for preparation of a new environmental analysis that complies with 40 CFR 1502.22 (a) and (b). As a result of an action considered no longer valid, on May 17, 2007, the USFWS withdrew its Biological Opinion for the Forest Service's proposed action.

The Modoc National Forest (Modoc NF) will prepare an Environmental Impact Statement to disclose the impacts associated with the following proposed actions: 1. The prohibition of cross-country motorized vehicle travel (with the exception of snowmobiles) off designated NFS roads, NFS trails and areas by the public except as allowed by permit or other authorization. 2. Add approximately 339 miles of 1170 existing unauthorized routes to the current system of National Forest System (NFS) roads and motorized trails open to the public for wheeled motorized vehicle use by vehicle class, including seasonal closures on approximately 20 miles of 74 of the added routes. 3. Make the following changes to existing NFS roads: a. Prohibit use seasonally on approximately 313 miles of 214 existing NFS roads. b. Allow non-highway legal vehicle use on approximately 147 miles of existing NFS roads where such use is currently prohibited. c. Close NFS road 46B29HB (road along Boles Creek between Clear Lake and Steel Swamp) to public use. 4. Amend the Modoc NF Land and Resource Management Plan (Modoc LRMP) for areas not covered under the Sierra Nevada Forest Plan Amendment by removing the objective ``Keep over 87% of the Forest open to OHVs (Modoc LRMP p. 4-11)'' and numerous standards and guidelines in the LRMP regarding keeping areas open for OHV use and include as a forest-wide standard ``Prohibit wheeled vehicle travel off designated roads and trails except for administrative use or uses under permitted activities''.

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.

This document contains corrections to the regulations that were published in the March 17, 2008 Federal Register (73 FR 14153). The regulations inadvertently omitted language in Sec. 1005.13 paragraphs (d)(3) and (d)(4), and Sec. 1007.13 paragraphs (d)(3) and (d)(4) that provide for a zero diversion limit standard on loads of milk requesting transportation credits. This document corrects the final regulations by revising these sections.

The San Juan National Forest is studying a proposal for a land exchange whereby Tamarron Properties Associates would offer 330 acres of non-Federal lands to the U.S. Forest Service in exchange for 265 acres of National Forest System lands and an easement for a new road. Any exchange would require by law that the appraised value of the properties be equal. The non-Federal properties include two inholdings adjacent to the Hermosa Roadless area; Mitchell Lakes and Hermosa Creek. The third inholding is a mining claim located in the Weminuche Wilderness area along the Whitehead Gulch Trail southeast of Silverton. Mitchell Lakes parcel is specifically located in T. 37 N., R. 9 W, Section 23 ; Hermosa Park T. 39 N., R. 10 W., Section 24, La Plata County, The Iron Clad Mining Claim is located in Section 11, T. 40 N., R. 7 W., N.M.P.M., Columbine Ranger District, San Juan National Forest, Colorado.

Notice is hereby given that the U.S. Department of Agriculture, Forest Service, intends to grant to H2H Innovations, LLC of Wilmington, Delaware, an exclusive license to the Federal Government's patent rights in U.S. Patent No. 7,345,136, ``Water- Resistant Vegetable Protein Adhesive Dispersion Compositions'', issued on March 18, 2008.

We are amending the Hawaiian fruits and vegetables regulations to allow mangosteen, dragon fruit, melon, pods of cowpea and its relatives, breadfruit, jackfruit, and fresh moringa pods to be moved interstate from Hawaii under certain conditions. This action will allow the movement of these tropical fruits from Hawaii to the continental United States while continuing to provide protection against the spread of plant pests from Hawaii to the continental United States.

This rule establishes an industry-funded promotion, research, and information program for sorghum, which includes but is not limited to, grain sorghum, sorghum forage, sorghum hay, sorghum haylage, sorghum billets, and sorghum silage. For the purpose of clarity, the term sorghum means all the above mentioned types of sorghum unless specifically identified otherwise. The Sorghum Promotion, Research, and Information Order (Order) is implemented under the authority of the Commodity Promotion, Research, and Information Act of 1996 (Act). The Order will establish a national Sorghum Promotion, Research, and Information Board (Board) comprised initially of 13 sorghum producers. Producers and importers will pay assessments based on the value of the sorghum they produce or import. A referendum will be conducted 3 years after assessments begin to determine if sorghum producers and importers favor the program.

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 Advisory Committee on Biotechnology and 21st Century Agriculture (AC21).

The National Urban and Community Forestry Advisory Council will meet in Rio Grande, Puerto Rico on June 16-20, 2008. The purpose of the meeting is to discuss emerging issues in urban and community forestry, and conduct a one-day public listening forum on tropical urban forestry issues and opportunities on Wednesday, June 18, 2008.

In accordance with the Paperwork Reduction Act, this notice invites the general public and other public agencies to comment on a proposed adjustment to the information collection burden for the Food Stamp Program (FSP) Employment and Training Program, currently approved under OMB No. 0584-0339. This notice proposes to reduce the currently approved burden of 31,721 by 9,966 hours. The adjusted burden is 21,755 hours. The reduction is based on changes in annual estimates for reporting on Employment and Training activities.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of the currently approved information collection used to compile and generate the Federally Inspected Estimated Daily Slaughter Report for the Livestock and Grain Market News Branch.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Mannheimia Haemolytica-Pasteurella Multocida Vaccine, Avirulent Live Culture. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment, and that an environmental impact statement need not be prepared. We intend to authorize shipment of this vaccine for field testing following the close of the comment period for this notice unless new substantial issues bearing on the effects of this action are brought to our attention. We also intend to issue a U.S. Veterinary Biological Product License for this vaccine, provided the field test data support the conclusions of the environmental assessment and the issuance of a finding of no significant impact and the product meets all other requirements for licensing.

The White River National Forest will prepare an environmental impact statement (EIS) to disclose the environmental effects of repairing the Crooked Creek Reservoir, Saffeels Ditch, and other associated activities in the project area.

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 and/or the Agency, has prepared an Environmental Assessment (EA) related to possible financial assistance to Georgia Transmission Corporation (GTC) for the construction of approximately 38.7-miles of 500 kilovolt (kV) transmission line that would connect Georgia Power Company's existing Thomson Primary 500/230/115/46 kV Substation to Georgia Power Company's existing Warthen 500 kV Switching Station. GTC is requesting Rural Development provide financial assistance for the proposed project located in McDuffie, Warthen, Glascock and Washington Counties, Georgia.