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

The Department of Agriculture, Forest Service, will prepare an Environmental Impact Statement (EIS) on a integrated restoration proposal to restore terrestrial and aquatic conditions by improving the health, vigor and resilience of forest stands of infected, dead and high risk trees; restoration and maintenance of grass and shrub communities through prescribed burning; the restoration of aspen age classes and diversity; improving recreation opportunities and grazing; capturing the economic value of the dead and dying mountain pine beetle infested and high risk trees; understory thinning, followed with prescribed burning, on small understory conifer trees; enhancing water quality and quantity and maintaining and restoring conditions for native fish populations. The integrated restoration EIS will also improve public safety and infrastructure by reconstructing, relocating, maintaining and improving signing, design and linkage of forest trails, road densities and travel management. The EIS will address the obliteration of roads as well as provide mitigation measures to avoid introducing and spreading invasive vegetation. The proposed action will occur on a project area of approximately 39,000 acres of National Forest System land. The Forest Service will be using the Healthy Forest Restoration Act (HFRA). The East Deer Lodge Valley Landscape Restoration Project developed in response to the Healthy Forest Restoration Act (HFRA) of 2003 (PL 108-148). Title 1 of HFRA contains provisions to expedite hazardous fuel reduction and forest restoration projects on certain National Forest System lands at risk from wildland fire or are currently experiencing (or show imminent risk to) insect and disease epidemics (HFRA 2003, p. 15). Section 1 02(a)(4) of the HFRA authorizes expedited vegetation management projects where conditions such as the existence of an insect or disease epidemic ``* * * (poses) a significant threat to an ecosystem component, or forest or rangeland resource on the Federal land or adjacent non-Federal land.'' (Ibid. p. 20). Title 1 of HFRA encourages federal agencies to involve state and local governments and citizens when developing plans and projects for vegetation treatment on federal and adjacent non-federal lands (Ibid., p. 7). A stewardship contract will be let upon reaching the project decision and implementation. The Record of Decision will disclose whether and where the Forest Supervisor decides to provide integrated restoration proposals for both the terrestrial and aquatic environments.

We are amending the regulations to consolidate our domestic regulations regarding exotic fruit flies. Currently, these regulations are contained in six separate subparts, each of which covers a different species of fruit fly, and each of these subparts has parallel sections that are substantially the same as the corresponding sections in the other subparts. Therefore, we are combining these six subparts into a single subpart. We are also modifying the regulations by adding a mechanism through which quarantined areas can be removed from regulation expeditiously. These actions eliminate duplication and enhance the flexibility of our regulatory program.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision and extension of approval of an information collection associated with the National Animal Identification System.

We are advising the public that we have made changes to the area in the State of Idaho that is quarantined to prevent the spread of potato cyst nematode. The description of the quarantined area was updated on November 1, 2007, when the potato cyst nematode regulations became effective; on November 28, 2007, when one additional field was found to be infested; on January 9, 2008, when some fields that had been quarantined were found not to have an association with an infested field; and on March 21, 2008, when 24 associated fields were removed from the quarantined area after having been surveyed and found to be free of potato cyst nematode.

We are amending the regulations to allow noncompetitive entertainment horses from countries affected with contagious equine metritis to be temporarily imported into the United States under certain conditions. The regulations currently provide for the temporary importation of horses from countries affected with contagious equine metritis to compete in specified events. In recent years it has become evident that similar provisions are needed for noncompetitive entertainment horses. This action will allow the temporary importation of horses into the United States solely for public exhibition and entertainment purposes while continuing to protect against the introduction and dissemination of contagious equine metritis.

The Pacific Northwest Recreation Resource Advisory Committee (RAC) will meet in Portland, Oregon. The purpose of the meeting is to review and provide recommendations concerning recreation fee proposals for facilities and services offered on lands managed by the Forest Service and Bureau of Land Management in Oregon and Washington. Proposals for this meeting include the jurisdictions of the Bureau of Land Management Salem, Vail, and Spokane Districts, the Okanogan- Wenatchee, Olympic, Rogue River-Siskiyou, Umatilla, Wallowa-Whitman, and Willamette National Forests. Other items of interest related to the Federal Lands Recreation Enhancement Act of 2004 may be discussed.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to VMRD, Inc. of Pullman, Washington, an exclusive license to U.S. Patent No. 5,171,685, ``Cloning Of The Babesia Bovis 60KD Antigen'', issued on December 15, 1992.

We are proposing to amend the regulations concerning user fees for import- and export-related services that we provide for animals, animal products, birds, germ plasm, organisms, and vectors. We are proposing increases in those fees for fiscal years 2009 through 2013 in order to ensure that the fees accurately reflect the anticipated costs of providing these services each year. By publishing the annual user fee changes in advance, users can incorporate the fees into their budget planning. The user fees pay for the actual cost of providing these services.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension (without revision) of a currently approved information collection, Qualified Products List for Foam Fire Suppressants.

We are announcing designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (USGSA): Georgia Department of Agriculture (Georgia); Montana Department of Agriculture (Montana); and Mid-Iowa Grain Inspection, Inc. (Mid-Iowa). We are also announcing an amendment of Mid-Iowa's designated geographic area.

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 Olive Oil. The proposal includes two major groups of oil: ``olive oil,'' produced from olives by mechanical means; and ``olive-pomace oil,'' produced using heat and a solvent to separate the oil from the olive-pomace remaining after olive oil is produced. The proposal includes new product descriptions, definitions, and requirements for the following grade designations: ``U.S. Extra Virgin Olive Oil,'' ``U.S. Virgin Olive Oil,'' ``U.S. Lampante Virgin Olive OilNot Fit for Human Consumption,'' ``U.S. Refined Olive Oil,'' ``U.S. Olive Oil,'' ``U.S. Olive-Pomace Oil,'' ``U.S. Refined Olive-Pomace Oil,'' and ``U.S. Crude Olive-Pomace Oil.'' The proposed revisions to the grade standards are intended to provide a uniform language for commerce and the use of the standards would be voluntary. The proposed standards include objective criteria for determining quality and purity among the grades of olive oil and olive- pomace oil, thereby facilitating the marketing of olive oil and olive- pomace oil.

Notice is hereby given that the Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is accepting applications from State, regional, and national sorghum producer organizations or associations which desire to be certified as eligible to nominate sorghum producers for appointment to the Sorghum Promotion, Research, and Information Board (Board). To nominate a producer to the Board, organizations must first be certified by USDA. Notice is also given that upcoming appointments are anticipated and that during a period to be established by USDA, nominations will be accepted from eligible organizations.

The USDA, Forest Service is resuming preparation of the Lake Tahoe Basin Management Unit revised land management plan (hereafter referred to as the Forest Plan), as directed by the National Forest Management Act (NFMA) . Preparation of the revised plan was halted when the 2005 Forest Service planning rule was enjoined. A new planning rule (36 CFR Part 219 was implemented on April 21, 2008, allowing the planning process to be resumed. This notice resumes the plan revision process under the new planning rule. The Lake Tahoe Basin Management Unit (LTBMU) Forest Plan Comprehensive Evaluation Report documents the need for change and the initial scope of forest plan revisionbased upon management review & determination, February 2007which is still valid; this documentation provides information concerning public participation and collaboration. The original notice of initiation for plan revision appeared in the Federal Register Feb. 5, 2007. The Responsible Official, Terri Marceron, has determined the LTBMU land management plan revision process is to be adjusted from compliance with the 2005 planning regulations to conform to the 2008 regulations, published: April 21, 2008.