Proposed Rules. Notice; request for nominations

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-22-S 71 208 Friday, October 27, 2006 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request October 24, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB. EOP.GOV* or fax

(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling

(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Agricultural Marketing Service *Title:* Federal-State Marketing Improvement Program (FSMIP). *OMB Control Number:* 0581-NEW. *Summary of Collection:* The Federal-State Marketing Improvement Program (FSMIP) operates pursuant to the authority of the Agricultural Act of 1946 (7 U.S.C. 1621, *et seq.* ). Section 204(b) authorizes the Secretary of Agriculture to make available funds to State Departments of Agriculture, State bureaus and departments of markets, State agricultural experiment stations, and other appropriate State agencies for cooperative projects in marketing service and in marketing research to effectuate the purposes of title II of the Agricultural Act of 1946. FSMIP provides matching grants on a competitive basis to enable States to explore new market opportunities for U.S. food and agricultural products and to encourage research and innovation aimed at improving the efficiency and performance of the U.S. marketing system. *Need and Use of the Information:* The information collection requirements in this request are needed to implement the Federal-State Marketing Improvement Program (FSMIP). The information will be used by the Agricultural Marketing Service

(AMS)to establish the entity's eligibility for participation, the suitability of the budget for the proposed project, and compliance with applicable Federal regulations. *Description of Respondents:* State, local or tribal government. *Number of Respondents:* 40. *Frequency of Responses:* Reporting: annually; semi-annually. *Total Burden Hours:* 4,730. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-18043 Filed 10-26-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Docket No. FV06-996-2 N] Peanut Standards Board AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice; request for nominations. SUMMARY: The Farm Security and Rural Investment Act of 2002 requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection to the Board to fill a vacant Board position for the remainder of a term of office ending June 30, 2009. The Board consists of 18 members representing producers and industry representatives. DATES: Written nominations must be received on or before December 1, 2006. ADDRESSES: Nominations should be sent to Dawana J. Clark, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Unit 155, 4700 River Road, Riverdale, MD 20737: Telephone:

(301)734-5243; Fax:

(301)734-5275; E-mail: *Dawana.Clark@usda.gov.* SUPPLEMENTARY INFORMATION: Section 1308 of the Farm Security and Rural Investment Act of 2002 (Farm Bill) requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary regarding the establishment of quality and handling standards for all domestic and imported peanuts marketed in the United States. The Farm Bill requires the Secretary to consult with the Board before the Secretary establishes or changes quality and handling standards for peanuts. The Farm Bill provides that the Board consist of 18 members, with three producers and three industry representatives from the States specified in each of the following producing regions:

(a)Southeast (Alabama, Georgia, and Florida);

(b)Southwest (Texas, Oklahoma, and New Mexico); and

(c)Virginia/Carolina (Virginia and North Carolina). For the initial appointments, the Farm Bill required the Secretary to stagger the terms of the members so that:

(a)One producer member and peanut industry member from each peanut producing region serves a one-year term;

(b)one producer member and peanut industry member from each peanut producing region serves a two-year term; and

(c)one producer member and peanut industry member from each peanut producing region serves a three-year term. The term “peanut industry representatives” includes, but is not limited to, representatives of shellers, manufacturers, buying points, marketing associations and marketing cooperatives. The Farm Bill exempted the appointment of the Board from the requirements of the Federal Advisory Committee Act. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA invites those individuals, organizations, and groups affiliated with the categories listed above to nominate individuals for membership on the Board. Nominees sought by this action would fill a vacant industry representative position from the Virginia-Carolina peanut producing region. The new member would serve for the remainder of a 3-year term of office ending June 30, 2009. Nominees should complete a Peanut Standards Board Background Information form and submit it to Mrs. Clark. Copies of this form may be obtained at the internet site: *http://www.ams.usda.gov/fv/peanut-farmbill.htm,* or from Mrs. Clark. USDA seeks a diverse group of members representing the peanut industry. Equal opportunity practices will be followed in all appointments to the Board in accordance with USDA policies. To ensure that the recommendations of the Board have taken into account the needs of the diverse groups within the peanut industry, membership shall include, to the extent practicable, individuals with demonstrated abilities to represent minorities, women, persons with disabilities, and limited resource agriculture producers. Authority: 7 U.S.C. 7958. Dated: October 24, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-18041 Filed 10-26-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. TM-07-01] Notice of Funds Availability

(NOFA)Inviting Applications for the Federal-State Marketing Improvement Program (FSMIP); Notice of Request for Emergency Review and Approval of a New Information Collection AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice. SUMMARY: The Agricultural Marketing Service

(AMS)announces the availability of approximately $1.3 million in competitive grant funds for fiscal year 2007 to enable States to explore new market opportunities for U.S. food and agricultural products and to encourage research and innovation aimed at improving the efficiency and performance of the U.S. marketing system. Eligible applicants include State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. Applicants are encouraged to involve industry groups, academia, community-based organizations, and other stakeholders in developing proposals and conducting projects. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), AMS is requesting emergency review and approval of a new information collection. DATES: Proposals will be accepted through February 12, 2007. Comments regarding the information collection requirement under the Paperwork Reduction Act of 1995 must be received on or before December 26, 2006. ADDRESSES: Submit proposals and other required documents to: FSMIP Staff Officer, Transportation and Marketing Programs, Agricultural Marketing Service (AMS), U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 4009 South Building, Washington, DC 20250; telephone

(202)720-8043; e-mail *janise.zygmont@usda.gov.* Comments concerning the information collection requirements should be sent to the Office of Information and Regulatory Affairs, OMB: Attention: Desk Officer for AMS, Washington, DC 20503. Please indicate that your comments refer to Docket No. TM-07-01. Comments concerning the information collection requirements also should be sent to the FSMIP Staff Officer at the above address. FOR FURTHER INFORMATION CONTACT: Janise Zygmont, FSMIP Staff Officer; telephone

(202)720-8043; fax

(202)690-4948; or e-mail *janise.zygmont@usda.gov.* SUPPLEMENTARY INFORMATION: FSMIP is authorized under Section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 *et seq.* ). FSMIP provides matching grants on a competitive basis to enable States to explore new market opportunities for U.S. food and agricultural products and to encourage research and innovation aimed at improving the efficiency and performance of the U.S. marketing system. Eligible applicants include State departments of agriculture, State agricultural experiment stations, and other appropriate State agencies. Other organizations interested in participating in this program should contact their State Department of Agriculture's Marketing Division. State agencies specifically named under the authorizing legislation should assume the lead role in FSMIP projects, and use cooperative or contractual linkages with other agencies, universities, institutions, and producer, industry or community-based organizations as appropriate. Multi-State projects are encouraged as long as one State assumes the coordinating role, using appropriate cooperative arrangements with the other States involved. Proposals must be accompanied by completed Standard Forms

(SF)424 and 424A. AMS will not approve the use of FSMIP funds for advertising or, with limited exceptions, for the purchase of equipment. Detailed program guidelines may be obtained from the contact listed above, and are available at the FSMIP Web site: *http://www.ams.usda.gov/tmd/fsmip.htm.* Background FSMIP funds a wide range of applied research projects that address barriers, challenges, and opportunities in marketing, transportation, and distribution of U.S. food and agricultural products domestically and internationally. Eligible agricultural categories include livestock, livestock products, food and feed crops, fish and shellfish, horticulture, viticulture, apiary, and forest products and processed or manufactured products derived from such commodities. Reflecting the growing diversity of U.S. agriculture, in recent years, FSMIP has funded projects dealing with nutraceuticals, bioenergy, compost, and products made from agricultural residues. Proposals may deal with barriers, challenges, or opportunities manifesting at any stage of the marketing chain including direct, wholesale, and retail. Proposals may involve small, medium, or large scale agricultural entities but should potentially benefit multiple producers or agribusinesses. Proprietary proposals that benefit one business or individual will not be considered. Proposals that address issues of importance at the State, regional or national level are appropriate for FSMIP. FSMIP also seeks unique proposals on a smaller scale that may serve as pilot projects or case studies useful as a model for other States. Of particular interest are proposals that reflect a collaborative approach among the States, academia, the farm sector and other appropriate entities and stakeholders. FSMIP's enabling legislation authorizes projects to: • Determine the best methods for processing, preparing for market, packing, handling, transporting, storing, distributing, and marketing agricultural products. • Determine the costs of marketing agricultural products in their various forms and through various channels. • Assist in the development of more efficient marketing methods, practices, and facilities to bring about more efficient and orderly marketing, and reduce the price spread between the producer and the consumer. • Develop and improve standards of quality, condition, quantity, grade, and packaging in order to encourage uniformity and consistency in commercial practices. • Eliminate artificial barriers to the free movement of agricultural products in commercial channels. • Foster new/expanded domestic/foreign markets and new/expanded uses of agricultural products. • Collect and disseminate marketing information to anticipate and meet consumer requirements, maintain farm income, and balance production and utilization. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces that AMS is requesting emergency review and approval from the Office of Management and Budget of a new information collection. *Title:* Federal-State Marketing Improvement Program (FSMIP). *OMB Number:* 0581-NEW. *Type of Request:* Approval of a new information collection. *Expiration Date of Approval:* 3 years from date of OMB approval. *Estimate of Burden:* The public reporting and recordkeeping burden for this collection of information is estimated to total 4,730 hours. *Abstract:* The primary objective of FSMIP is to enable States to explore new market opportunities for U.S. food and agricultural products and to encourage research and innovation aimed at improving the efficiency and performance of the U.S. marketing system. Eligible entities under this program include State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. AMS has established guidelines that contain full details about FSMIP and the application process. The guidelines and application forms are available from the FSMIP Staff Officer by calling 202/720-8043, faxing 202/690-4948, or e-mailing to *janise.zygmont@usda.gov.* This information is also available at the FSMIP Web site: *http://www.ams.usda.gov/tmd/fsmip.htm.* Eligible entities are strongly encouraged to follow the guidelines when preparing applications for submission to the FSMIP. FSMIP applicants must complete Form SF-424, “Application for Federal Assistance” (approved under OMB #4040-0004), for each application. Form SF-424A, “Budget Information—Non-Construction Programs” (approved under OMB #0348-0044), also must be completed for each application to show the project's budget breakdown, both with regard to expense categories and the division between Federal and matching non-Federal sources, as applicable. A Proposal Narrative is also required for each application. AMS needs to receive the information contained in this collection of information to select the projects that will best meet and fulfill FSMIP program objectives. The selection process is competitive and AMS must ensure that limited funds are used for the intended purpose. *Estimate of Burden:* The public reporting burden for completing the SF 424, SF 424A, and the Proposal Narrative is estimated to average 33 hours per response. *Respondents:* State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. *Estimated Annual Number of Respondents:* 40. *Estimated Annual Number of Responses per Respondent:* 2. *Estimated Annual Number of Responses:* 80. *Estimated Total Annual Burden on Respondents:* 2,640 hours. After approval of the grant application and before grant funds are dispersed, grantees must complete the following forms to certify compliance with applicable Federal regulations: Form SF-424B, “Assurances—Non-Construction Programs” (approved under OMB #0348-0040); AD-1047, Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions; AD-1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions; and AD-1049, Certification Regarding Drug-Free Workplace Requirements (Grants) Alternative 1—for Grantees Other Than Individuals. In addition, four copies of the Grant Agreement must be signed with an original signature and dated once by grantees after their proposals have been approved and before grant funds are dispersed. The information will be used to affirm the award amount, time frame, objectives and work plan agreed upon by the grantee and USDA/AMS. The Grant Agreement also outlines responsibilities of both parties with regard to the grant. Standard Form 270, Request for Advance or Reimbursement (approved under OMB #0348-0004), is completed whenever the grantee requests an advance or reimbursement of grant funds. The information will be used to keep track of grant disbursements and the level of matching funds expended by the grantee during the grant period. We expect that grantees will submit a total of three SF 270 forms during the grant period. *Estimate of Burden:* The public reporting burden for completing the SF 424B, AD-1047, AD-1048, AD-1049, the Grant Agreement, and three SF 270 forms is estimated to average 22.6 hours per response. *Respondents:* State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. *Estimated Annual Number of Respondents:* 25. *Estimated Annual Number of Responses per Respondent:* 1. *Estimated Annual Number of Responses:* 25. *Estimated Total Annual Burden on Respondents:* 565 hours. Progress Reports are required at the midpoint of projects approved for one year and at six-month intervals for projects of longer duration. Progress Reports should

(1)briefly summarize activities performed and milestones achieved for each objective or sub-element of the narrative;

(2)note unexpected delays or impediments as well as favorable or unusual developments;

(3)outline work to be performed during the succeeding period; and

(4)indicate the amount of grant and matching funds expended to date. We expect that grantees will submit a total of two Progress Reports during the grant period. *Estimate of Burden:* The public reporting burden for two Progress Reports is estimated to average 14 hours per response. *Respondents:* State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. *Estimated Annual Number of Respondents:* 25. *Estimated Annual Number of Responses per Respondent:* 2. *Estimated Annual Number of Responses:* 50. *Estimated Total Annual Burden on Respondents:* 700 hours. Not later than 90 days following the ending date of the Grant Agreement the grantee must submit Standard Form 269A, Financial Status Report (short form) (approved under OMB #0348-0038), or Standard Form 269, Financial Status Report (long form) (approved under OMB #0348-0039) to document the final financial status of the grant project and to indicate that the one-to-one matching requirement has been met. The grantee must also submit a Final Report of results and accomplishments within 90 days following the grant ending date. The Final Report will include: • An outline of the issue or problem. • How the issue or problem was approached via the project. • Contribution of public or private agency cooperators. • Results, conclusions and lessons learned. • Current or future benefits to be derived from the project. • Additional information available (publications, Web sites). • Recommendations for future research needed, if applicable. • Contact person for the project with telephone number and e-mail address. *Estimate of Burden:* The public reporting burden for completing the SF 269A or SF 269, as appropriate, and the Final Report is estimated to average 32 hours per response. *Respondents:* State departments of agriculture, State agricultural experiment stations, and other appropriate State agencies. *Estimated Annual Number of Respondents:* 25. *Estimated Annual Number of Responses per Respondent:* 1. *Estimated Annual Number of Responses:* 25. *Estimated Total Annual Burden on the Respondents:* 800 hours. Comments are invited on:

(1)Whether the new collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)the accuracy of the agency's estimate of the burden of the new collection of information including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments concerning the information collection shall reference Docket No. TM-07-01, and the date and page number of this issue of the **Federal Register** . Comments concerning the information collection requirements should be sent to the office of Information and Regulatory Affairs, OMB: Attention: Desk Officer for AMS, Washington, DC 20503. Please state that your comments refer to Docket No. TM-07-01. Comments also may be sent to Janise Zygmont, Staff Officer, Federal-State Marketing Improvement Program, Agricultural Marketing Service (AMS), USDA, Room 4009-South, 1400 Independence Avenue, SW., Washington, DC 20250; phone 202/720-8043; and e-mail *janise.zygmont@usda.gov.* Comments received will be available for public inspection during regular business hours at the same address. All comments will become a matter of public record. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. The two SF forms as well as the Proposal Narrative can be filled out electronically and printed out for submission or filled out electronically and submitted as an attachment through the *http://www.grants.gov* Web site with the Proposal Narrative. How To Submit Proposals and Applications Applicants have the option of submitting FSMIP applications electronically through the Federal grants Web site, *http://www.grants.gov* instead of mailing hard copy documents. Applicants considering the electronic application option are strongly urged to familiarize themselves with the Federal grants Web site well before the application deadline and to begin the application process before the deadline. Additional details about the FSMIP application process for all applicants are available at the FSMIP Web site: *http://www.ams.usda.gov/tmd/fsmip.htm.* FSMIP is listed in the “Catalog of Federal Domestic Assistance” under number 10.156 and subject agencies must adhere to Title VI of the Civil Rights Act of 1964, which bars discrimination in all federally assisted programs. Authority: 7 U.S.C. 1621-1627. Dated: October 24, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-18040 Filed 10-26-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2006-0155] Notice of Request for Extension of Approval of an Information Collection; Plum Pox Compensation AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Extension of approval of an information collection; comment request. SUMMARY: 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 that provide for the payment of compensation to owners of commercial stone fruit orchards and fruit tree nurseries whose trees or nursery stock were destroyed to eradicate plum pox. DATES: We will consider all comments that we receive on or before December 26, 2006. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2006-0155 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2006-0155, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0155. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: For information on regulations for plum pox compensation, contact Mr. Stephen Poe, Senior Operations Officer, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737;

(301)734-8899. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at

(301)734-7477. SUPPLEMENTARY INFORMATION: *Title:* Plum Pox Compensation. *OMB Number:* 0579-0159. *Type of Request:* Extension of approval of an information collection. *Abstract:* The Plant Protection Act (7 U.S.C. 7701 *et seq.* ) authorizes the Secretary of Agriculture, either independently or in cooperation with the States, to carry out operations or measures to detect, eradicate, suppress, control, prevent, or retard the spread of plant pests, such as plum pox, that are new to or not widely distributed within the United States. Plum pox is an extremely serious viral disease of plants that can affect many *Prunus* (stone fruit) species, including plum, peach, apricot, almond, nectarine, and sweet and tart cherry. A number of wild and ornamental *Prunus* species may also be susceptible to this disease. Infection eventually results in severely reduced fruit production, and the fruit that is produced is often misshapen and blemished. Plum pox virus is transmitted locally by a variety of aphid species, as well as by budding and grafting with infected plant material, and spreads over longer distances through movement of infected budwood, nursery stock, and other plant parts. There are no known effective methods for treating trees or other plant material infected with plum pox, nor are there any known effective prophylactic treatments to prevent the disease from occurring in trees exposed to the disease due to their proximity to infected trees or other plant material. Without effective treatments, the only option for preventing the spread of the disease is the destruction of infected and exposed trees and other plant material. The regulations in “Subpart-Plum Pox” (7 CFR 301.74-301.74-5) quarantine areas of the United States where plum pox has been detected, restrict the interstate movement of host material from quarantined areas, and provide for compensation to owners of commercial stone fruit orchards and fruit tree nurseries whose trees or nursery stock were destroyed to eradicate plum pox. Section 310.74-5 requires applicants for the payment of compensation to complete a form. We are asking the Office of Management and Budget

(OMB)to approve our use of this information collection activity for an additional 3 years. This notice includes a description of the information collection requirement currently approved by the Office of Management and Budget

(OMB)for plum pox compensation under numbers 0579-0159 and 0579-0251. After OMB approves and combines the burden for both collections under one collection (number 0579-0159), the Department will retire number 0579-0251. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of our estimate of the burden of the information collection, including the validity of the methodology and assumptions used;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, *e.g.* , permitting electronic submission of responses. *Estimate of Burden:* The public reporting burden for this collection of information is estimated to average 0.25 hours per response. *Respondents:* Owners of commercial stone fruit orchards and owners of fruit tree nurseries. *Estimated Annual Number of Respondents:* 4. *Estimated Annual Number of Responses per Respondent:* 1. *Estimated Annual Number of Responses:* 4. *Estimated Total Annual Burden on Respondents:* 1 hour. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 23rd day of October 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-18042 Filed 10-26-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Forest Service Black Hills National Forest, Mystic Ranger District, South Dakota, Section 30 Limestone Mining Proposal AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement SUMMARY: A Plan of Operation has been submitted by Pete Lien and Sons, Inc., for the purpose of mining for chemical grade limestone within mining claims on National Forest System land. The proposal is to mine within Pennington County totaling approximately 100 acres about one mile north of the northwest boundary of Rapid City, South Dakota. DATES: Comments concerning the scope of the analysis would be most useful if received 30 days following the date of this notice. The draft environmental impact statement is expected to be available for public review in the Fall of 2007 and the final environmental impact statement is expected to be completed by the Spring of 2008. ADDRESSES: Send written comments to Frank Carroll, Acting District Ranger, Black Hills National Forest, Mystic Ranger District, S-30 Limestone Mining Operation, 8221 South Highway 16, Rapid City, South Dakota 57702. Telephone number:

(605)343-1567. E-mail: *comments-rocky-mountain-black-hills-mystic@fs.fed.us* with “Section 30” as the subject. Electronic comments must be readable in Word, RichText or pdf formats. FOR FURTHER INFORMATION CONTACT: Dave Slepnikoff, Project Coordinator, Black Hills National Forest, Mystic Ranger District, at above address, phone

(605)343-1567. SUPPLEMENTARY INFORMATION: Purpose and Need for Action The Purpose and Need for this project is authorization of Pete Lien and Sons, Inc., proposal to exercise their rights under U.S. mining laws while protecting the environment in accordance with Forest Service regulations for locatable minerals. The Purpose and Need has several components. Pete Lien and Sons, Inc. has a statutory right to extract locatable minerals (chemical grade limestone) as proposed in accordance with the General Mining Law of 1872, as amended (30 U.S.C. 21-54). The Forest Service has the responsibility to protect surface resources of National Forest System lands to the extent practicable. Forest Service mining regulations state that, “operations shall be conducted so as, where feasible, to minimize adverse impacts on National Forest System surface resources (36 CFR 228.8).” Proposed Action The proposed action is to approve the Plan of Operation

(PoO)submitted by Pete Lien and Sons, Inc. to mine approximately 100 acres of National Forest System land on the PLS 30-1 through PLS 30-10 Lode Mining Claims, SDMMC #209097. The Plans of Operation was developed by Pete Lien and Sons, Inc. It was submitted to the Forest Service in accordance with the General Mining Law of 1872, as amended and Forest Service mining regulations at 36 CFR part 228 Subpart A. The Project is located between Rapid City and Black Hawk, South Dakota. Legal description is; T.2N., R.7E., NE 1/4 Section 30, BHM. The Plan of Operation is summarized as follows: • It is estimated that the operation will process approximately 10 million tons of limestone. The life of the proposed mine is estimated at 10 years, not including final reclamation. • Remove vegetation, stockpile topsoil for future reclamation, drill and blast rock to remove an approximate 20-foot bed of limestone rock resulting in an open pit with approximately 20-foot high walls. • Blasted rock may be crushed on site to reduce size for hauling. Raw materials will be hauled to the east of Highway 79 for processing into chemical grade limestone products. • Concurrent reclamation is planned. Therefore approximately 60 acres will be disturbed at any one time. Reclamation will result in a depression on the existing hillside. High walls will be reduced, site graded, topsoil applied, and vegetation planted once mineral extraction is complete. • The Mine Safety and Health Administration

(MSHA)will be responsible or enforcing mine safety regulations. The mine site will be enclosed by fences and gates as required by MSHA and other regulatory guidance. Pete Lien and Sons, Inc. will secure permits for all mining and reclamation activities as required by law. Several permits have been obtained or will be obtained pending the NEPA analysis and decision. Notable permit requirements include: • Clean Water Act—Apply for construction/mining activity permit with National Pollutant Discharge Elimination System (NPDES). • Clean Air Act—Permit or permits will be obtained to ensure that equipment and dust control measures comply with the Clean Air Act. • South Dakota Mining License—Pete Lien and Sons, Inc. currently has a mining license inclusive of the relevant portion of section 30. The proposed mine may be exempt from further state permitting per a statutory exemption for the extraction of cement precursors. • Pennington County Construction (Mining) Permit—Pete Lien and Sons, Inc. will notify the County of its schedule and plans to initiate mining on section 30. Construction permit CP 01-05 specifies the scope of the County's further review of road impacts, drainage, and other matters related to mining on section 30. It is possible that Forest Plan direction may need to be amended for one or more resources, to allow a decision on this project. Any appropriate amendment(s) will be part of the proposal. Craig Bobzien, Forest Supervisor, Black Hills National Forest, 1019 North 5th Street, Custer, South Dakota 57730-7239. Nature of Decision To Be Made The Forest Supervisor will decide whether the proposed action will proceed as proposed or as modified by an alternative. Also, he will decide which recommended mitigation measures and monitoring requirements will be applied. Finally, he will decide if a Forest Plan Amendment is required. Scoping Process The Forest Service will advertise the proposal in the Rapid City Journal, newspaper of record. The project will be listed in the Black Hills National Forest Quarterly NEPA calendar. Adjacent landowners, known interested parties, and government agencies will be sent letters describing the project and identifying the project timeframe. Scoping comments are requested by November 27, 2006. An informational and public meeting is scheduled for November 14, 2006 at 7 p.m. in the Black Hawk Elementary School Gymnasium regarding this project proposal. Preliminary Issues At this time, project planners are aware of issues related to cultural (heritage) resources and scenic quality. Through the Scoping process, we will use comments obtained about the proposed action to determine the breadth of issues to be addressed in the analysis. The potential for adverse effects to heritage resources has been identified as an issue for this proposed undertaking. A number of archaeological sites have been identified and recorded in the project area as a result of heritage resource surveys. Five of these sites have been evaluated as eligible for nomination to the National Register of Historic Places. Through consultation with Indian tribes, use of this area for religious activities has also been documented. Pursuant to the National Historic Preservation Act (NHPA), the Forest is in consultation with Indian tribes and the South Dakota State Historic Preservation Office to develop measures of avoidance and/or mitigation for significant cultural and archaeological values by the proposed undertaking. Successful completion of consultation pursuant to the NHPA would result in a Memorandum of Agreement that will implement avoidance or mitigation of significant heritage resources in the Area of Potential Effect. The existing vegetation will be removed prior to mining. The current scenic view will be altered from visible vantage points. Comment Requested This notice of intent initiates the scoping process which guides the development of the environmental impact statement. The Forest Service is seeking information that planners may not be aware of, or if you have comments and/or concerns regarding potential effects of the proposal to authorize mining on the Section 30 PLS Lode Mining Claims. Early Notice of Importance of Public Participation in Subsequent Environmental Review: A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be for 45 days from the date the Environmental Protection Agency publishes the Notice of Availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* vs. *NRDC* , 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: October 19, 2006. Craig Bobzien, Forest Supervisor, Black Hills National Forest. [FR Doc. 06-8898 Filed 10-26-06; 8:45 am]

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