Department of Agriculture October 2010 – Federal Register Recent Federal Regulation Documents

The Glenn/Colusa County Resource Advisory Committee (RAC) will meet in Willows, California. Agenda items covered include: (1) Introductions, (2) Approve Minutes, (3) RAC Admin Updates, (4) Public Comment, (5) Project Updates FY 08, 09, 10, (6) General Discussion, (9) Meeting Schedule, (8) Adjourn.

The Nevada and Placer Counties Resource Advisory Committee (RAC) will meet in Auburn, California. The committee is meeting as authorized under the Secure Rural Schools and Community Self- Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to discuss projects submitted for funding and the expenditure of Title II funds benefiting National Forest System lands in Nevada and Placer Counties.

The Kootenai National Forest will prepare a Supplemental Environmental Impact Statement (SEIS) for the Grizzly Vegetation and Transportation Management Project (Grizzly Project). The Grizzly Project includes vegetation management, fuels reduction, watershed rehabilitation activities, wildlife habitat improvement, and access management changes, including road decommissioning. The project is located in the Grizzly planning subunit on the Three Rivers Ranger District, Kootenai National Forest, Lincoln County, Montana, and northeast of Troy, Montana. The Notice of Availability of the Draft EIS for this project was published in the Federal Register (72 FR 31821) on June 8, 2007, and the notice of the Final EIS (74 FR 24006) on May 22, 2009. The Record of Decision was issued concurrently with the Final EIS. On June 29, 2010, the United States District Court for the District of Montana issued a sixty-nine page decision granting in part and denying in part cross motions for summary judgment in this case which alleged that the Forest Service's authorization of the Grizzly, Miller, and Little Beaver Projects on the Kootenai National Forest violated NEPA, NFMA, and the ESA. Plaintiffs generally alleged that in authorizing these Projects for vegetation management, fuels reduction, watershed restoration, timber harvest, and other purposes, the Forest Service failed to adequately evaluate their impact on the threatened Cabinet-Yaak grizzly bears which inhabit the area. Regarding the Grizzly Vegetation and Transportation Management Project the court found that (1) the agency's conclusion that the Project was consistent with the Kootenai Forest Plan violated NFMA because there was insufficient information in the record to determine whether the Projects complied with the standard for Management Situation 1 lands which require the agency to ``favor the needs of the grizzly bear when grizzly habitat and other land use values compete''; and (2) the agency's failure to explain why it used the bear management unit instead of the Forest as the proper level for analysis of cumulative effects and its failure to disclose and discuss the problems with the ``Wakkinen Study'' regarding grizzly habitat standards violated NEPA's ``hard look'' requirement. The Court enjoined all three Projects and remanded them to the agency to address the defects identified in its decision. (09-160, D. Mont.). A Supplemental EIS is being prepared for the Grizzly Vegetation and Transportation Management Project to address these disclosures in the grizzly bear analysis.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the currently approved information collection, Research Data Archive Use Tracking.

The U.S. Forest Service, Apalachicola National Forest intends to prepare an environmental impact statement under a 3rd party agreement with the City of Tallahassee, Florida to issue a special use authorization for the construction, occupancy and use of national forest system land for a 230kV electric transmission line. The addition of an east-west 230kV transmission line would connect the HopkinsCrawfordville 230kV transmission line south of the Tallahassee Regional Airport (near the intersection of Springhill and Bice Roads), with the existing Substation BP-5 (southeast of the Capital Circle S.W./Woodville Highway intersection). The proposed transmission line would be approximately 8 miles long with approximately 6.4 miles located within the Apalachicola National Forest. The transmission line would parallel the existing Florida Gas Transmission Company's natural gas lines from the Hopkins Crawfordville line until the forest boundary south of Substation BP-5. Once off the forest it would parallel an existing 115kV electric transmission line to its terminus at Substation BP-5.

This final rule amends the regulations that manage the taking of wildlife and fish in Alaska for subsistence purposes. In particular, the Federal Subsistence Board's (Board) process of accepting and addressing special action requests is clarified, along with the role of the Regional Advisory Councils in the special action process. Public notice requirements are updated to bring them in alignment with the practices of the digital age and accommodate the new biennial regulatory cycle.

The National Organic Program (NOP) is announcing the availability of five draft guidance documents intended for use by accredited certifying agents and certified operations. The five draft guidance documents are entitled as follows: Compost and Vermicompost in Organic Crop Production (NOP 5021); Wild Crop Harvesting (NOP 5022); Outdoor Access for Organic Poultry (NOP 5024); Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025); and The Use of Chlorine Materials in Organic Production and Handling (NOP 5026). These draft guidance documents are intended to inform the public of NOP's current thinking on these topics. The NOP is seeking comments on the five draft guidance documents. A notice of availability of final guidance on these topics will be issued upon their final approval. Once finalized, these guidance documents will be available from the NOP through ``The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) and Certified Operations''. This Handbook provides those who own, manage, or certify organic operations with guidance and instructions that can assist them in complying with the National Organic Program (NOP) regulations. The current edition of the Program Handbook is available online at https:// www.ams.usda.gov/nop or in print upon request.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in the following practice standards: 314, Brush Management, 324, Deep Tillage, 330, Contour Farming, 332, Contour Buffer Strips, 344, Residue Management, Seasonal, 346, Residue Management, Ridge Till, 380, Windbreak/Shelterbelt Establishment, 484, Mulching, 512, Forage & Biomass Planting, and 603, Herbaceous Wind Barriers. These practices will be used to plan and install conservation practices.

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 ongoing changes in the markets for cheese and other dairy products subject to import licensing requirements.

On November 3, 2010, the U.S Forest Service will host a meeting of the federally designated Secure Rural Schools Resource Advisory Committee (RAC). The public is invited to attend the meeting and provide input. A Secure Rural Schools RAC provides advice and recommendations to the Forest Service on the development and implementation of special projects as authorized under the Secure Rural Schools and Community Self-Determination Act, Public Law 110-343.

We are amending the regulations concerning the importation of citrus fruit to remove certain restrictions on the importation of Unshu oranges from the Republic of Korea that are no longer necessary. Specifically, we are removing requirements for the fruit to be grown in specified canker-free export areas and for joint inspection in the groves and packinghouses by the Government of the Republic of Korea and the Animal and Plant Health Inspection Service. We are also amending the regulations to clarify that surface sterilization of the fruit must be conducted in accordance with 7 CFR part 305 and to expand the area in the continental United States where Unshu oranges from the Republic of Korea may be distributed. Finally, we are requiring that each shipment be accompanied by a phytosanitary certificate containing an additional declaration stating that the fruit was given the required surface sterilization and inspected and found free of Elsinoe australis. These changes will make the regulations concerning the importation of Unshu oranges from the Republic of Korea consistent with our domestic regulations concerning the interstate movement of citrus fruit from areas quarantined because of citrus canker.

We are proposing to amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh shepherd's purse with roots from the Republic of Korea into the United States under a combination of mitigations to reduce the risk of introducing plant pests. As a condition of entry, the shepherd's purse would have to be produced in accordance with a systems approach that would include requirements for importation of commercial consignments, pest-free place of production, removal of soil, and inspection for quarantine pests by the national plant protection organization of the Republic of Korea. The shepherd's purse would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that it was grown, packed, and inspected and found to be free of pests in accordance with the proposed requirements. This action would allow the importation of fresh shepherd's purse with roots from the Republic of Korea while continuing to protect against the introduction of plant pests into the United States.

The Shoshone Resource Advisory Committee (Committee) will meet in Thermopolis, Wyoming. The Committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to finalize the Committee's operating guidelines and develop criteria for prioritizing Title II projects.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Kootenai National Forest's Lincoln County Resource Advisory Committee will meet on Wednesday, October 13, 2010 at 6 p.m. at the Forest Supervisor's Office in Libby, Montana for a business meeting. The meeting is open to the public.

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 bees and related articles.

The Coconino Resource Advisory Committee will meet in Flagstaff, Arizona. The purpose of the meeting is to receive training on Resource Advisory Committees and National Environmental Policy Act, Travel Reimbursement procedures, establish proposal meeting dates, and proposal outreach. No proposals will be heard at this meeting.

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 an extension for and revision to the forms currently used to collect information under Federal Marketing Order No. 983, for pistachios grown in California, Arizona, and New Mexico. This notice also announces AMS' intention to merge two form packages into one.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501), this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for the forms currently used by marketers to apply for exemption from market promotion assessments under 26 marketing order programs.

The Nicolet Resource Advisory Committee will meet at the Laona Ranger Station, Laona, Wisconsin. The committee is meeting as authorized under the Secure Rural Schools and Community Self- Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose is to hold a meeting to review submitted project proposals.

The Rural Utilities Service, hereinafter referred to as RUS and/or the Agency, has issued a Record of Decision (ROD) for the Environmental Impact Statement (EIS) for the proposed South Dakota PrairieWind Project (Project) in Aurora, Bule and Jerauld Counties, South Dakota. The Administrator of RUS has signed the ROD, which is effective upon signing. The EIS was prepared pursuant to the National Environmental Policy Act of 1969 (NEPA) (U.S.C. 4231 et seq.) and in accordance with the Council on Environmental Quality's (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR Parts 1500-1508), RUS's NEPA implementing regulations (7 CFR Part 1794), and the Western Area Power Administration's (Western) NEPA implementing regulations (10 CFR Part 1021). RUS and Western are serving as co-lead agencies in preparation of the EIS as defined at 40 CFR 1501.5. Each agency is issuing a separate ROD for the project. The purpose of the EIS was to evaluate the potential environmental impacts of and alternatives to Basin Electric Power Cooperative's (Basin Electric) application for a RUS loan and a Western interconnection agreement to construct the proposed Project. The proposed Project's facility would include a new 151.5-megawatt wind-powered generation facility.

The U.S. Department of Agriculture, Forest Service, will prepare an Environmental Impact Statement (EIS) to consider the proposal to create additional tailings and waste rock disposal capacity and related infrastructure at the Greens Creek Mine on northern Admiralty Island on the Admiralty Island National Monument, Tongass National Forest. The proposed action provides for an expansion of the existing tailings facility area to the south for an increase of approximately 200 acres. This would include an increase of about 60 acres for tailings placement and an addition of approximately 140 acres for supporting infrastructure.