Department of Agriculture 2010 – Federal Register Recent Federal Regulation Documents

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that suspended the reporting and assessment requirements prescribed under the Washington-Oregon fresh prune marketing order. The marketing order regulates the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and is administered locally by the Washington-Oregon Fresh Prune Marketing Committee (Committee). On June 1, 2010, the Committee unanimously voted to terminate Marketing Order No. 924. Since the only regulatory actions then in effect were the reporting and assessment requirements, the Committee included a recommendation to immediately suspend those activities while USDA processes the termination request. The reporting and assessment requirements will remain suspended until reinstated or permanently terminated.

This document presents the Record of Decision (ROD) regarding FSA implementation of the Biomass Crop Assistance Program (BCAP) as provided for in the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). The U.S. Department of Agriculture (USDA), Farm Service Agency (FSA) prepared a Final Programmatic Environmental Impact Statement (PEIS) for BCAP. A Notice of Availability (NOA) of that PEIS was published in the Federal Register on June 25, 2010. This decision record summarizes the reasons FSA has selected the Proposed Action Alternatives taking into account the program's expected environmental and socioeconomic impacts and benefits as documented in the PEIS, all of which were considered in this decision.

The Pike & San Isabel Resource Advisory Committee will meet in Pueblo, Colorado. 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 determine the project evaluation process and discuss proposals.

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 Prince of Wales Resource Advisory Committee will meet in Craig, Alaska, November 5, 2010. The purpose of this meeting is to discuss potential projects under the Secure Rural Schools and Community Self-Determination Act of 2008.

The Crop Assistance Program (CAP) will provide emergency assistance to reestablish the purchasing power of eligible producers of rice, cotton, soybeans, and sweet potatoes in specified counties for which a Secretarial disaster designation was issued based on excessive moisture and related conditions for the 2009 crop year. This rule specifies the eligibility requirements, payment calculations, and application procedures for CAP. CAP will provide up to $550 million to eligible producers. This rule also proposes a new information collection for the payment application.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of an information collection associated with regulations for the importation of beef from Uruguay.

The Rural Utilities Service (RUS) has issued a Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) associated with the Holland Cliff to Hewitt Road 230 kV Transmission proposal in Calvert and St. Mary's Counties, Maryland. The EA 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's) regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508) and RUS's NEPA implementing regulations (7 CFR part 1794, Environmental Policies and Procedures). The purpose of the EA was to evaluate the potential environmental impacts of and alternatives to a Southern Maryland Electric Cooperative (SMECO) application for a RUS loan for the proposal. The proposal includes construction of a 30-mile 230 kilovolt (kV) transmission line, a new 230/69 kV switching station, and a 230/69 kV switching station expansion.

The Plumas County Resource Advisory Committee (RAC) will hold a meeting on November 12, 2011 in Quincy, CA. The purpose of the meeting is to review a timeline for Cycle 11 funding and view presentations about completed Plumas County RAC projects. The funding is made available under Title II provisions of the Secure Rural Schools and Community Self-Determination Act of 2000.

The Sitka Resource Advisory Committee will meet in Sitka, Alaska, November 1, 2010. The purpose of this meeting is to discuss potential projects under the Secure Rural Schools and Community Self-Determination Act of 2008.

The Upper Rio Grande Resource Advisory Committee will meet in Monte Vista, Colorado. 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 review and recommend project proposals to be funded with Title II money.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to the control of hawkweeds (Hieracium spp.). The environmental assessment considers the effects of, and alternatives to, the release of the hawkweed gall wasp, Aulacidea subterminalis, into the continental United States as a biological control agent to reduce the severity of infestations of hawkweeds. We are making the environmental assessment available to the public for review and comment.

The North Central Idaho RAC will meet in Potlatch, Idaho. 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 potential projects for the new fiscal year.

This document directs that a referendum be conducted among eligible California, Arizona, and New Mexico pistachio producers to determine whether they favor continuance of the marketing order regulating the handling of pistachios grown in California, Arizona, and New Mexico.

The Forest Service proposes fuels reduction on approximately 4,400 acres within the Upper 204/Tollgate Wildland Urban Interface (WUI) as set forth in the Umatilla County Community Wildfire Protection Plan (CWPP) as amended. This project was planned and will be implemented using Healthy Forest Restoration Act (HFRA) of 2004 authorities. The Tollgate Fuels Reduction project is located in Umatilla and Union Counties, Oregon and the project planning area encompasses over 46,000 acres. The project planning area is approximately 40 miles south/southwest of Walla Walla, Washington. The proposed fuels treatments will seek to reduce standing and down fuels, improve area evacuation routes, improve firefighter/public safety and protect local infrastructure. Fuel reduction efforts will be completed through commercial timber harvest (3,050 acres) and non- commercial thinning (1,350 acres). Timber harvest would generally focus on the removal of small diameter trees; however, larger trees may be removed as necessary to meet project objectives. Activities within the Lookingglass Inventoried Roadless Area (IRA) would include ground and ladder fuel reduction through the removal of standing (live and dead) trees and dead and down material. These activities would occur adjacent to private property and FR 64. No activities will occur in the North Fork Umatilla Wilderness or the Walla Walla River Inventoried Roadless Area. Development and implementation of these actions will be conducted in accordance with the Healthy Forest Restoration Act (HFRA), National Forest Management Act (NFMA), National Environmental Policy Act (NEPA), the Umatilla National Forest Land and Resource Management Plan and all other applicable laws and regulations.

This action withdraws a proposed rule published in the Federal Register on August 6, 2010 (75 FR 47490), on the use of an estimated trade demand figure to compute volume regulation percentages for 2010- 11 crop Natural (sun-dried) Seedless (NS) raisins covered under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative Committee (committee). The proposal provided parameters for implementing volume regulations for 2010-11 NS raisins for the purpose of maintaining the industry's export program and stabilizing the domestic market. Based upon comments in response to the proposed rule, conditions in the industry, the change in the worldwide raisin outlook, and the lack of industry support for an estimated trade demand, the proposed rule is being withdrawn.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to send comments regarding any aspect of this proposed information collection. This is a new collection to develop a Sampling Frame of Farm to School efforts.

In accordance with the Federal Advisory Committee Act, this notice is announcing the re-chartering of the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) by the Secretary of Agriculture on September 24, 2010. The Committee is being renewed in cooperation with the Department of Health and Human Services (HHS). The establishment of the Committee was recommended by a 1985 report of the National Academy of Sciences Committee on Food Protection, Subcommittee on Microbiological Criteria, ``An Evaluation of the Role of Microbiological Criteria for Foods.'' The current charter for the NACMCF is available for viewing on the NACMCF homepage at https://www.fsis.usda.gov/About_FSIS/NACMCF/index.asp. At this time the charter is being changed to add one individual affiliated with a consumer group to be appointed to the NACMCF as a representative member. This member will provide a consumer viewpoint to Committee work and will not be required to have a scientific background. The balance of the Committee membership will be scientists, and those who are not regular government employees will be appointed as special government employees.

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.