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

The Black Hills National Forest Advisory Board (Board), acting in its capacity as the Black Hills National Forest Recreation Resource Advisory Committee (RRAC), will meet in Rapid City, SD. The purposes of the meetings are to consider recommending a business plan and annual, weekly, and commercial vehicle, special recreation permit fees. These fees would include annual permits purchased by the public to use the Black Hills National Forest's designated, motorized, off-highway vehicle trail system. The fees would be established pursuant to Public Law No: 108-447 (H.R. 48 118), September 8, 2004, Consolidated Appropriations Act, 2005, Title VIII Federal Lands Recreation Enhancement Act, Section 803 Recreation Fee Authority, (h) Special Recreation Permit Fee.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.)and Office of Management and Budget (OMB) implementing regulations (5 CFR part 1320), this notice announces the Cooperative State Research, Education, and Extension Service's (CSREES) intention to request approval to reinstate and revise a previously approved information collection in support of authorizations to use the 4-H Club Name and/or Emblem.

The Forest Service is proposing to amend the Downpayment rule and the Periodic payments rule to reflect changes in contracting procedures adopted in the April 2004 and June 2006 timber sale contracts. These changes reflect stewardship contracting authorities, and reflect changes in forest products markets since these rules were adopted in 1991. The proposed changes also would remove obsolete references and procedures; make downpayments and periodic payments optional for stewardship contracts; allow downpayment and periodic payment amounts to be recalculated when contracts receive a rate redetermination; revise the procedure for releasing the downpayment; and would allow downpayments to be temporarily reduced when Forest Service authorizes certain additions of contract time. The intended effect of this proposed rule is to protect the Government's financial security while providing financial relief to timber purchasers during periods when forest products prices drastically decline or purchasers receive additional contract time for periods when they are not expected to operate.

On September 9, 2008, we published an interim rule in the Federal Register (73 FR 52173-52189) to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain freshwater and saltwater fish. That interim rule was scheduled to become effective on November 10, 2008. We are delaying the effective date of the interim rule until January 9, 2009. This delay will provide APHIS with time to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it.

Deciding Officers in the Southern Region will publish notice of decisions subject to administrative appeal under 36 CFR parts 215 and 217 in the legal notice section of the newspapers listed in the Supplementary Information section of this notice. As provided in 36 CFR 215.5 and 36 CFR 217.5(d), the public shall be advised through Federal Register notice, of the newspaper of record to be utilized for publishing legal notice of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested it and to those who have participated in project planning. Responsible Officials in the Southern Region will also publish notice of proposed actions under 36 CFR part 215 in the newspapers that are listed in the Supplementary Information section of this notice. As provided in 36 CFR part 215.5, the public shall be advised, through Federal Register notice, of the newspaper of record to be utilized for publishing notices on proposed actions. Additionally, the Deciding Officers in the Southern Region will publish notice of the opportunity to object to a proposed authorized hazardous fuel reduction project under 36 CFR part 218.4 or developing, amending or revising land management plans under 36 CFR 219.9 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection for Field Crop Production. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to request an extension of an approved information collection regarding the voluntary recalls from commerce of meat and poultry products because the approval for this information collection is due to expire.

The Forest Service, U.S. Department of Agriculture is resuming preparation of the National Forests in Mississippi revised land management 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) took effect on April 21, 2008, allowing the planning process to be resumed. This notice marks the resumption of the National Forests in Mississippi plan revision process under the new planning rule.

In accordance with section 202 of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality's regulations implementing NEPA (40 CFR 1500- 1508), and applicable agency guidance, a Final Programmatic Environmental Impact Statement (PEIS) has been prepared on the leasing of geothermal resources in 11 Western United States (U.S.) and Alaska. The Department of the Interior, Bureau of Land Management (BLM) and the Department of Agriculture, Forest Service (FS) are co-lead agencies for the PEIS. The Department of Energy (DOE) participated as a core team member. The PEIS has been developed, in part, to support the amendment of 122 resource management plans (RMP) covering public lands managed by the BLM under the Federal Land Policy and Management Act of 1976 (FLPMA). In accordance with the Energy Policy Act of 2005 (Pub. L. 109-58, August 8, 2005), the goal of the proposed action is to make geothermal leasing decisions on pending lease applications submitted prior to January 1, 2005, and to facilitate geothermal leasing decisions on other existing and future lease applications and nominations on the Federal mineral estate. The planning area encompasses about 530 million acres of land with the potential for geothermal development in Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming.

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on November 6, 2008 at The Chateau, 955 Fairway Boulevard, Incline Village, NV 89451. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

This proposed rule would amend livestock and related provisions of the NOP. Comments have been received from consumers, producers, certifying agents, trade associations, retailers, organic associations, animal welfare organizations, consumer groups, and various industry groups seeking greater detail on the role of pasture in organic livestock production. Also since implementation of the NOP in 2002, the National Organic Standards Board (NOSB) has made several recommendations regarding the role of pasture. As a result of comments, complaints, and noncompliances, we are proposing amendments to the livestock provisions of the NOP. This proposed rule provides greater detail for selected provisions of the existing livestock regulations, especially as they relate to pasture and ruminant animals. By specifying in greater detail that producers are to provide ruminants with pasture, recognize pasture as a crop, and incorporate pasture into their organic system plan, producers will have better records and tools for managing pasture and demonstrating compliance with the livestock regulations. Certifying agents will have better tools for measuring compliance with the livestock regulations. Consumers will have better assurances that the organic label is applied in ways that meet their expectations that ruminant livestock animals graze pastures during the growing season. This proposed rule would also clarify the replacement animal provision for dairy animals.

We are amending our domestic quarantine regulations to establish a process by which a State or political subdivision of a State could request approval to impose prohibitions or restrictions on the movement in interstate commerce of specific articles that are in addition to the prohibitions and restrictions imposed by the Animal and Plant Health Inspection Service. The Plant Protection Act provides that States or political subdivisions of States may make such special need requests, but there are currently no procedures in place for their submission or consideration. This action establishes a process by which States may make a special need request.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to the University of Mississippi of University, Mississippi, an exclusive license to U.S. Patent Application Serial No. 12/136,341, ``Method to Ameliorate Oxidative Stress and Improve Working Memory via Pterostilbene Administration'', filed on June 10, 2008.

The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement, by adding nine sections to designate the following nine items within which biobased products would be afforded Federal procurement preference: Chain and cable lubricants; corrosion preventatives; food cleaners; forming lubricants; gear lubricants; general purpose household cleaners; industrial cleaners; multipurpose cleaners; and parts wash solutions. USDA also is proposing minimum biobased content for each of these items.

In accordance with the Paperwork Reduction Act of 1995, this notice announces NRCS' intention to reinstate a previously approved information collection. The collected information will help NRCS match the skills of individuals who are applying for volunteer work that will further the Agency's mission, and provides a timekeeping method for volunteers. Information will be collected from potential volunteers who are 14 years of age or older.

The Forest Service is issuing a final directive to Forest Service Handbook 2409.19, chapter 60, Stewardship Contracting. The directive provides direction to implement the provisions as authorized in the Tribal Forest Protection Act (TFPA) of 2004 (25 U.S.C. 3115a). On December 26, 2006, the Forest Service published in the Federal Register for public notice and comments an interim directive regarding guidance for, TFPA proposals. The agency considered all the comments and made a number of changes to the final directive in response.

The Department of Agriculture (USDA) is adding ``swine contractors'' to the list of regulated entities subject to specific regulations issued under the Packers and Stockyards Act (P&S Act or Act) (7 U.S.C. 181-229). In 2002, Congress added swine contractors as entities regulated under the P&S Act. Specifically, we are amending the regulations to clarify that swine contractors are prohibited from knowingly circulating misleading reports about market conditions or prices; that they are required to provide business information to authorized USDA personnel; and, that they are required to permit authorized USDA personnel to inspect their business records and facilities. We are also amending the regulations to clarify that agents and USDA employees are prohibited from unauthorized disclosure of business information obtained from swine contractors. These changes will assist swine contractors and swine production contract growers with determining which regulations under the P&S Act apply to swine contractors. The inclusion of swine contractors will help us better enforce the provisions of the P&S Act.

The USDA Forest Service will prepare a Supplemental Environmental Impact Statement (SETS) to document and disclose the potential environmental effects of proposed invasive plant treatment activities on the Deschutes National Forest, Ochoco National Forest and the Crooked River National Grassland. An FEIS was made available in January 2008. A Record of Decision was signed in January 2008 and subsequently withdrawn. This project evaluates site-specific treatments of invasive plants; including manual, mechanical, cultural, biological and herbicide treatment methods as well as the use of prescribed fire. Forest Plan direction, including amendments identified in the Pacific Northwest Region Invasive Plant Program Environmental Impact Statement, will be incorporated into all alternatives, including the Proposed Action.

This rule would increase the assessment rate established for the Florida Tomato Committee (Committee) for the 2008-09 and subsequent fiscal periods from $0.0325 to $0.0375 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order which regulates the handling of tomatoes grown in Florida. Assessments upon tomato 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 would remain in effect indefinitely unless modified, suspended, or terminated.

We are advising the public that a final environmental assessment and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to a proposed biological control program for Sirex woodwasp. The environmental assessment documents our review and analysis of environmental impacts associated with the proposed biological control program. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.

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 (HHS), are sponsoring a public meeting on October 30, 2008. 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 40th Session of the Codex Committee on Food Hygiene (CCFH) of the Codex Alimentarius Commission (Codex), which will be held in Guatemala City, Guatemala, from December 1-5, 2008. The Under Secretary for Food Safety and the FDA, Center for Food Safety and Applied Nutrition (CFSAN), recognize the importance of providing interested parties the opportunity to obtain background information on the 40th Session of the CCFH and to address items on the agenda.

The U.S. Department of Agriculture (USDA or Department) is adopting a state-specific, final rule establishing management direction for designated roadless areas in the State of Idaho. The final rule designates 250 Idaho Roadless Areas (IRAs) and establishes five management themes that provide prohibitions with exceptions or conditioned permissions governing road construction, timber cutting, and discretionary mineral development. The final rule takes a balanced approach recognizing both local and national interests for the management of these lands. The Department and Forest Service are committed to the important challenge of protecting roadless areas and their important characteristics. The final rule achieves this through five land classifications that assign various permissions and prohibitions regarding road building, timber cutting, and discretionary mineral activities. The final rule also allows the Forest Service to continue to be a good neighbor and reduce the risk of wildland fires to at-risk communities and municipal water supply systems. The rule does not authorize the building of a single road or the cutting of a single tree; instead it establishes permissions and prohibitions that will govern what types of activities may occur in IRAs. Any decision to build a road, allow mineral activities, harvest a tree, or conduct any other activity permissible under this final rule will require appropriate site-specific analysis under the National Environmental Policy Act (NEPA) and other applicable laws. Projects will also be consistent with the applicable land management plan (LMP) components. This final rule supersedes the 2001 Roadless Area Conservation Rule (2001 roadless rule) for National Forest System (NFS) lands in the State of Idaho.

The Forest Service is issuing these interim final directives as an amendment to Forest Service Manual 2350, Trail, River, and Similar Recreation Opportunities, and Forest Service Handbook 2309.18, the Trail Management Handbook, to incorporate revisions to the agency's national trail classification system (TCS), consisting of the Trail Classes and Design Parameters. Chapters 30 and 40 in the Trail Management Handbook have not been included in these interim final directives because these chapters do not relate directly to the TCS and Design Parameters and because the agency plans to update them significantly. The comments on these chapters will be addressed in preparation of final directives. The agency is providing a 60-day public comment period on these interim final directives and will review timely comments in developing final directives. Trail Classes are general categories reflecting trail development scale, arranged along a continuum. Managed Uses are the modes of travel that are actively managed and appropriate on a trail, based on its design and management. Designed Use is the Managed Use of a trail that requires the most demanding design, construction, and maintenance parameters and that, in conjunction with the applicable Trail Class, determines which Design Parameters will apply to a trail. The Design Parameters are technical guidelines for the survey, design, construction, maintenance, and assessment of a trail, based on its Designed Use and Trail Class.

This project would revise Rangeland Allotment Management Plans (RAMP) for all allotments within the McKelvie Geographic Area on the McKelvie National Forest and analyze continuation of grazing within the constraints of the Revised Nebraska Land and Resource Management Plan (NLRMP). A Notice of Intent (NOI) for this project was published May 15, 2006 (71 No. 93 FR 27986). More than six months have elapsed since the projected draft environmental impact statement (DEIS) date in that original NOI. This revised NOI is being issued to update the project schedule.