Department of Agriculture September 29, 2011 – Federal Register Recent Federal Regulation Documents

In a final rule that was published in the Federal Register on January 26, 2010, and effective on February 25, 2010, we amended the phytosanitary treatment regulations by removing the lists of approved treatments and treatment schedules from the regulations, while retaining the general requirements for performing treatments and certifying or approving treatment facilities. The final rule also removed treatment schedules from other places where they had been found in APHIS regulations and provided that approved treatment schedules will instead be found in the Plant Protection and Quarantine Treatment Manual, which is available on the Internet. In the final rule, we neglected to provide for the Administrator of the Animal and Plant Health Inspection Service to approve treatments that are not found in the Treatment Manual, and we did not retain text explaining that irradiation can be used as a substitute for other treatments. In this amendment, we are amending the regulation to provide for such approval of treatments and to restore the text we removed.

We are advising the public of our determination that two hybrid rose lines developed by Florigene Pty., Ltd., designated as IFD- 524[Oslash]1-4 and IFD-529[Oslash]1-9, which have been genetically engineered to produce novel flower color, are no longer considered a regulated article under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Florigene Pty., Ltd., in its petition for a determination of nonregulated status, our analysis of available scientific data, and comments received from the public in response to our previous notice announcing the availability of the petition for nonregulated status and its associated environmental assessment and plant pest risk assessment. This notice also announces the availability of our written determination and finding of no significant impact.

We are amending the golden nematode regulations by removing the townships of Elba and Byron in Genesee County, NY, from the list of generally infested areas. Surveys have shown that the fields in these two townships are free of golden nematode, and we have determined that regulation of these areas is no longer necessary. As a result of this action, all the areas in Genesee County, NY, that have been listed as generally infested will be removed from the list of areas regulated for golden nematode.

We are advising the public of our determination that a cotton line developed by Syngenta Biotechnology, Inc., designated as event COT67B, which has been genetically engineered to express a protein to protect cotton plants from lepidopteran insect damage, is no longer considered a regulated article under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Syngenta Biotechnology, Inc., in its petition for a determination of nonregulated status, our analysis of available scientific data, and comments received from the public in response to our previous notice announcing the availability of the petition for nonregulated status and its associated environmental assessment and plant pest risk assessment. This notice also announces the availability of our written determination and finding of no significant impact.

The Agricultural Marketing Service (AMS) is proposing to update the procedures for cotton futures quality classification services by using Smith-Doxey classification data in the cotton futures classification process. In addition, references to a separate and optional review of cotton futures certification would be eliminated to reflect current industry practices. These proposed changes in procedures for cotton futures quality classification services, as well as proposed conforming changes, reflect advances in cotton fiber quality measurement and data processing made since the regulations were last updated in 1992.

The USDA Forest Service published in the Federal Register a Notice of Intent (75 FR 71414-71415, November 23, 2010) to prepare an environmental impact statement for a proposal to authorize several (Phase 1) projects included in the Taos Ski Valley (TSV) 2010 Master Development Plan (MDP). The proposed projects include: Adding new lifts to serve terrain that is currently only accessible by hiking; replacing old lifts; creating new gladed terrain; improving traffic circulation throughout the day parking lots and a new drop-off area; constructing the Taos Adventure Center (snowtubing and snowshoeing trails); and developing a lift-served mountain biking trail. All proposed projects are within the existing special use permit (SUP) area. Modification of the Proposed Action: The original proposed action submitted for public review included a proposal to develop the Taos Adventure Center, in the northwest portion of the SUP area. The center would have included snowtubing and snowshoeing trails and associated facilities. Upon further analysis, the Forest Service has modified the proposed action and proposes to develop the snowtubing trails where Chair 3 (Beginner Lift) and Strawberry Hill are currently located. The modified proposed action would: (1) Reduce the potential impacts to wildlife habitat and wetlands; (2) eliminate impacts to approximately 3.7 acres of a previously undisturbed area; (3) decrease the distance of the facility from the base area, which is the hub of activities; and (4) eliminate the need to construct a warming hut (yurt), restroom facilities, a foot bridge across the Rio Hondo, and snowmaking lines. The proposed snowtubing area would be located on both National Forest System lands and private land owned by TSV. The snowshoeing trails remain as originally proposed. In addition, the Forest Service proposes to authorize under a separate SUP to John Cottam, the relocation of the Alpine Village pedestrian bridge. If the decision is to authorize a new skier drop-off area under TSV's SUP, the bridge would be simultaneously relocated and the Cottam SUP would be amended. Corrected Dates: After publication of the original Notice of Intent, a letter soliciting comments on the proposed action and purpose and need was issued to the public in December 2010. Comments concerning the scope of the analysis were received in January and February 2011. The draft environmental impact statement (draft EIS) is expected to be available for public review in December 2011 and the final environmental impact statement (final EIS) and record of decision (ROD) are expected in May 2012.