Department of Agriculture June 2007 – Federal Register Recent Federal Regulation Documents

The Tehama County Resource Advisory Committee (RAC) will meet in Red Bluff, California. Agenda items to be covered include: (1) Introductions, (2) Member Status, (3) Public Comment, (4) Status of Project Proposals, (5) Recab of Previous Projects, (6) Chairman's Perspective, (7) General Discussion, (8) Next Agenda.

The Fremont River Ranger District of the Fishlake National Forest will begin charging a $10 fee for single family overnight camping and a $25 fee for group family overnight camping at the Tasha Equestrian Campground. There will also be a $5 fee for an extra vehicle. Overnight camping at other campgrounds on the Fishlake National Forest have shown that publics appreciate and enjoy the availability of developed recreation facilities. Funds from the fee charges will be used for the continued operation and maintenance of the Tasha Equestrian Campground.

We are advising the public that an environmental assessment has been prepared for a proposed field release involving a transgenic safflower line that has been genetically engineered to express, within the seeds, a carp growth hormone fused to an Arabidopsis oleosin. The purpose of this field release is to obtain a seed increase for future use as a supplement in aquaculture meal. After assessment of the application, review of pertinent scientific information, and consideration of comments provided by the public, we have concluded that these field releases will not present a risk of introducing or disseminating a plant pest. We have completed the environmental assessment and have concluded that this field release will not have a significant impact on the quality of the human environment. 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 for these field releases.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.), the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), and the National Forest Management Act of 1976 (NFMA, 16 U.S.C. 1600-1614 et seq.), the FS and BLM (collectively the Agencies) have prepared a Final Supplement to the 2004 Final Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004 FSEIS). The Agencies are supplementing the analyses contained in the 2004 FSEIS, which proposes to amend Land and Resource Management Plans on National Forests and BLM Districts within the range of the northern spotted owl in western Oregon, western Washington and northwestern California. The Final Supplement is now available. Requests to receive copies of the Final Supplement should be sent to the addresses listed below. Alternately, the Final Supplement is available on the Internet at https://www.reo.gov/s-m2006. Copies are also available for inspection at FS and BLM offices in western Washington, western Oregon and northwestern California.

We are correcting an error in our proposed rule to amend the regulations to allow the importation into the continental United States of fresh blueberries from South Africa and Uruguay under certain conditions and to allow the use of cold treatment for blueberries imported into the United States from Argentina. The proposed rule was published in the Federal Register on June 5, 2007 (72 FR 30979-30984, Docket No. APHIS 2007-0061).

We are issuing this notice to advise the public that meetings of the Advisory Committee on Beginning Farmers and Ranchers (Committee) will be held to discuss various beginning farmer issues.

On August 20, 2004, the Federal Register published a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Tajique Watershed Restoration Project on the Cibola National Forest, Mountainair Ranger District (69 FR 51626-51628). The Environmental Protection Agency (EPA) published the notice of availability of the Draft EIS in the Federal Register on February 4, 2006 (70 FR 6004). The EPA published a notice of availability for the Final EIS in the Federal Register on October 21, 2005 (69 FR 61287) and an amended notice of availability of the Final EIS on November 4, 2005 (70 FR 67166). The project had been developed in accordance with Title I of the Healthy Forests Restoration Act of 2003 (Pub. L. 108-148). After the distribution of the Final EIS, the Forest Service received an objection during the pre-decisional administrative review period on the project. There was no resolution to the objection and the Forest Service has made no decision to implement any alternative analyzed in the document. The Department of Agriculture, Forest Service is issuing this notice to advise the public that we are withdrawing the Tajique Watershed Restoration EIS and will not issue a Record of Decision. The Forest Service plans to reassess the proposal and determine whether or not to propose any activities within the Tajique project area. The NEPA process would be re-initiated for any new proposed actions.

The Sequoia National Forest will prepare an environmental impact statement (EIS) to disclose the impacts associated with the following proposed actions: 1. The addition of approximately 71 miles of existing unauthorized routes to the National Forest System (NFS) of motorized trails, open to wheeled motorized vehicle use by the public. 2. The addition of approximately 0.9 miles of existing unauthorized routes to NFS roads, open to all wheeled motorized vehicle use by the public. 3. The change of approximately 21.8 miles of existing NFS roads, currently closed to public wheeled motorized vehicle use, to NFS motorized trails, open to wheeled motorized vehicle use by the public. 4. The change of approximately 8.4 miles of existing NFS roads, currently open to public wheeled motorized vehicle use, to NFS motorized trails, open to all wheeled motorized vehicle use by the public. 5. The change of approximately 23.2 miles of existing NFS roads, currently closed to public wheeled motorized vehicle use, to NFS roads, open to all wheeled motorized vehicle use by the public. 6. The change of approximately 19.5 miles of existing NFS roads, currently open to wheeled motorized vehicle use by the public, to closed NFS roads. 7. The change of approximately 12.4 miles of existing NFS roads, currently open to public use by highway legal vehicles only, to NFS roads, open to all wheeled motorized vehicle use by the public. 8. The change of approximately 0.5 miles of existing NFS road, currently open to highway legal vehicles only, to NFS motorized trail, open to wheeled motorized vehicle use by the public. 9. The continuation of wheeled motorized vehicle use by the public on the NFS trail north of Dry Meadow and amendment of the Sequoia National Forest Land and Resource Management Plan to change approximately 5,500 acres of semi-primitive non-motorized (SPNM) to semi-primitive motorized (SPM), to conform with motorized vehicle use of the trail. 10. The prohibition of wheeled motorized vehicle travel off of designated NFS roads, NFS trails, and areas by the public, except as allowed by permit or other authorization.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This notice announces the Food and Nutrition Service's (FNS) intent to request approval from the Office of Management and Budget (OMB) for new information collection. The Food and Nutrition Service plans to systematically examine the range of efforts States are undertaking to enhance food stamp certification and modernize the Food Stamp Program (FSP). This review will consist of a qualitative study relying on the responses of State and local food stamp staff, partners, food stamp applicants and participants, and eligible non-participants and a quantitative study using extant data. Information obtained will inform FNS policy discussions, provide technical and procedurally relevant information to States, and provide a comprehensive and centralized source of information for assessing ways to improve food stamp certification and respond efficiently to the variety of stakeholder queries received.

This notice cancels the Notice of Intent to prepare a Supplement to the Environmental Impact Statement for the Creeks Forest Health Recovery Project on the Lassen National Forest, published in the Federal Register on December 7, 2006, (Volume 71, Number 235, page 70946).

Business and Cooperative Programs are administered through USDA Rural Development. USDA Rural Development announces the availability of approximately $1.5 million in competitive cooperative agreement funds. USDA Rural Development hereby requests proposals from 1890 Land-Grant Universities and Tuskegee University (1890 Institutions) for competitively awarded cooperative agreements for projects that support USDA Rural Development's goals and objectives of providing technical assistance for business creation in economically challenged rural communities, for educational programs to develop and improve upon the professional skills of rural entrepreneurs, and for outreach and promotion of USDA Rural Development's programs in small rural communities with the greatest economic need. Project proposals must be designed to overcome currently identified economic problems and lead to sustainable economic development. Project proposals that address both traditional and nontraditional business enterprises are encouraged. This initiative seeks to create a working partnership between USDA Rural Development and the 1890 Institutions through cooperative agreements. A cooperative agreement requires substantial involvement of the Government agency in carrying out the objectives of the project. Cooperative agreements will be awarded to the project proposals receiving the highest scores as determined by a peer review panel of USDA employees knowledgeable of the subject matter. Awards will be made to the extent that funds are available. However, USDA Rural Development is making no commitment to fund any particular project proposal or to make a specific number of awards. Eligible applicants must provide matching funds equal to at least 25 percent of the total project costs.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agencies intention to request an extension for a currently approved information collection in support of the programs for Form RD 1940-59, ``Settlement Statement.''

The Glenn/Colusa County Resource Advisory Committee (RAC) will meet in Williows, California. Agenda items covered include: (1) Introductions, (2) Public Comment, (3) Status of Current Members, (4) Status of Funding, (5) Status of Legislation, (6) Set up Schedule for Accepting and Voting on Projects, (7) General Discussion, (8) Next Agenda.

We are adopting as a final rule, without change, an interim rule that amended the pine shoot beetle regulations by adding the entire State of Iowa and two counties in New Jersey, Morris and Somerset, to the list of quarantined areas. We took that action following the detection of pine shoot beetle in these areas. The interim rule was necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.

The Northern, Rocky Mountain, Southwestern, and Intermountain Regions of the USDA Forest Service are considering issuing directives, and are requesting comments, for the planning, development, and management of the Continental Divide National Scenic Trail (CDNST). After considering comments, the USDA Forest Service proposes to issue a supplemental directive for each Region. The directives would also amend the CDNST Comprehensive Plan of 1985. Policy direction is needed to clarify the nature and purposes of the CDNST and to align the CDNST planning with USDA Forest Service land management planning processes.

Through this Notice of Funds Availability (NOFA), the Agency announces the implementation of a demonstration program under the section 538 Guaranteed Rural Rental Housing Program (GRRHP) pursuant to 7 CFR 3565.4 for Fiscal Year (FY) 2007 and 7 CFR 3565.17 Demonstration programs. The Demonstration Program's purpose is to test the viability and efficacy of the concept of a continuous loan note guarantee through the construction and permanent loan financing phases of a project. Those applications that meet the Demonstration Program's qualifying criteria and are selected to participate will be offered one loan note guarantee upon closing of the construction loan that will be in effect throughout both of the project's construction and permanent phases without interruption. To be considered for participation in the Demonstration Program, in addition to responding to this NOFA, a Lender must have first submitted its application under either the GRRHP's 2007 Notice at 72 FR 8339 (Feb. 26, 2007) or the GRRHP's 2006 Notice at 71 FR 4559 (Jan. 27, 2006). Furthermore, the application to be considered must have been obligated from October 1, 2006 to July 31, 2007. The funding for the Demonstration Program will be approximately $10 million. Expenses incurred in developing applications will be at the applicant's risk. The following paragraphs outline the timeframes, eligibility requirements, lender responsibilities, and the overall response and application processes. Eligible Lenders wishing to have their FY 2007 obligations considered for the Demonstration Program must send a signed request on its letterhead with the proposed project details as outlined in the ``Demonstration Program Response Submission Address'' section of this NOFA. Demonstration Program Guidelines: The following guidelines are being provided to facilitate a structured implementation of the program: 1. Demonstration guarantee. The Demonstration guarantee is a guarantee that will be offered to those applications that apply for and meet the 2007 Demonstration NOFA's demonstration program's qualifying criteria. The Demonstration guarantee will consist of one loan note guarantee upon closing of the construction loan that will be in effect throughout both of the project's construction and permanent financing phases without interruption. 2. Upon approval of an application from an approved lender, the Agency will commit to providing a demonstration guarantee for the construction and permanent financing phases of the project, subject to the availability of funds. 3. Guarantee percentage and payment. Both construction loan advances and permanent loans are eligible for a guaranty subject to the following limitations: Construction loan advances and permanent loans. The Agency may guarantee a construction contract which has credit enhancements to protect the Government's interest. The Agency can guarantee the ``construction and permanent'' financing phases of a project. The Agency cannot, however, guarantee only the ``construction'' financing phase of a project. Guarantees under the demonstration guarantee will cover construction loan advances and the subsequent permanent loan. A demonstration guarantee requires an additional operating reserve equal to 2% of the appraised value of the project or total development costs, whichever is greater, to be set aside prior to closing the construction loan. This cash contribution is an additional amount, over and above the required initial operating and maintenance contribution. The maximum guarantee of construction advances will not at any time exceed the lesser of 90 percent of the amount of principal and interest up to default advanced for eligible uses of loan proceeds or 90 percent of the original principal amount and interest up to default of a loan. Penalties incurred as a result of default are not covered by the guarantee. The Agency may provide a lesser guarantee based upon its evaluation of the credit quality of the loan. 4. A lender making a construction loan must demonstrate an ability to originate and service construction loans. 5. Guarantee during construction. The Agency will issue a demonstration guarantee only to an approved lender. 6. Demonstration guarantee program compliance requirement. For a demonstration guarantee, the following items will have to be submitted in order to remain compliant with program requirements. The items must be submitted within the timeframe stipulated by the Agency and must also be approved by the Agency: (1) A certificate of substantial completion; (2) A certificate of occupancy or similar evidence of local approval; (3) A final cost certification in a form acceptable to the Agency; (4) A complete copy of the permanent loan closing docket; and (5) Necessary information to complete an updated necessary assistance review by the Agency. The Agency may declare the loan in default if the Lender fails to comply with the demonstration guarantee program guidelines. The Agency may also declare the loan in default if the Agency's final inspection is not satisfactory. To facilitate the implementation of the program, certain program forms may be addended to include relevant Demonstration Program requirements. The selected applicants will be subject to the Demonstration Program guidelines in this NOFA, and GRRHP's controlling statute, regulations, and handbook as amended. The GRRHP operates under the Housing Act of 1949 and regulations at 7 CFR part 3565. The GRRHP Origination and Servicing Handbook (HB-1-3565) is available to provide lenders and the general public with guidance on program administration. HB-1-3565, which contains a copy of 7 CFR part 3565 in Appendix 1, can be found at the Rural Development Instructions Web site address https:// www.rurdev.usda.gov/regs/hblist.html#hbw6. Demonstration Program Eligibility: Applications that meet the following criteria will be eligible for consideration to be selected into the Demonstration Program: 1. The project must have been awarded tax credits. 2. The project must have a loan to cost (LTC) ratio equal to or lower than 50%. 3. The Lender must have submitted [for this project] a loan guarantee application under either the GRRHP's 2007 Notice at 72 FR 8339 (Feb. 26, 2007) or the GRRHP's 2006 Notice at 71 FR 4559 (Jan. 27, 2006). Additionally, the application to be considered must have been obligated from October 1, 2006 to July 31, 2007. 4. The Lender must have submitted a timely response to this NOFA in accordance with the ``Demonstration Program Response Submission Address'' section of this NOFA. Demonstration Program Selection Process: Selections from qualified obligations that have requested consideration will be made based on their interest credit scores, with the highest scoring obligations, being selected first, until all available Demonstration Program funds are allocated. In the event of a tie, priority will be given to the project that: is in the smaller rural community, and in case of a subsequent tie has the lowest LTC ratio. Selections into the Demonstration Program will be made on August 14, 2007, from the qualified pool of applications that were obligated from October 1, 2006 to July 31, 2007. In the event there are not enough qualified requests for selection into the Demonstration Program to utilize all the available Demonstration Program set-aside funds of approximately $10 million, then the selection process for any remaining funds will be conducted again on September 11, 2007, and will include all applications obligated from October 1, 2006 to August 31, 2007. All applicants will be notified of the selection results no later than 15 business days from the date of selection. Demonstration Program Response Submission Address: Eligible lenders wishing to have their obligated applications considered for selection into the Demonstration Program must submit a signed request (not to exceed one page) on its letterhead that includes the following information: 1. Developer's Name. 2. Borrower's Name. 3. Project's Name. 4. Project's Address (City and State). 5. Project Type (Family, Senior, or Mixed). 6. Project's Total Units. 7. Project's Total Development Cost (TDC). 8. Amount of 538 Loan Guarantee. 9. Amount of Tax Credits Awarded. 10. Amount and Source of Other Financing. 11. Loan to Cost (LTC) %. 12. Area Population. 13. Date obligated or date of Conditional Commitment. Send the Demonstration Program Response Submission Letter with all of the information listed above, along with a copy of the State Office's ``Proceed with Application/NOFA Response Selection'' letter and a copy of the tax credit award notification to: C.B. Alonso, Senior Loan Specialist, Multi-Family Housing Processing Division, Guaranteed Rural Rental Housing Program, U.S. Department of Agriculture, South Agriculture Building, Room 1271, Stop 0781, 1400 Independence Avenue, SW., Washington, DC 20250-0781. Requests may also be faxed to 202-205-5066 or sent by e-mail (signed PDF copies of the above submissions) to cb.alonso@wdc.usda.gov. Eligible lenders mailing a request must provide sufficient time to permit delivery to the SUBMISSION ADDRESS on or before August 13, 2007. Acceptance by a U.S. Post Office or private mailer does not constitute delivery. Postage due responses and applications will not be accepted. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, marital status or family status (not all prohibited basis apply to all programs). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact the USDA's Target Center at (202) 720-2600 (voice or TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call toll free (866) 632- 9992 (Voice). TDD users can contact USDA through local relay (800) 720- 6382 (TDD) or (866) 377-8642 (relay voice users). USDA is an equal opportunity provider and employer.

The U.S. Department of Energy (DOE) and the U.S. Department of Agriculture (USDA) jointly solicit applications for financial assistance addressing research and development of biomass based products, bioenergy, biofuels and related processes. This Notice herein referred to as the ``Solicitation'' is intended to promote greater innovation and development related to biomass, and to support the Biomass Research Development Act of 2000, the Healthy Forest Restoration Act of 2003, the Energy Policy Act of 2005, and Federal policy calling for greater use of biomass-based products, feedstock production, and processing and conversion. This joint USDA/DOE solicitation for FY07 reflects the technical areas identified in the Biomass Research and Development Act of 2000 as amended by the Energy Policy Act of 2005. These technical areas will assist DOE and USDA in developing and maintaining a balanced portfolio of activities under the Federal Government's Biomass program to effectively advance cost effective utilization of biomass for the production of biobased fuels and products. DOE and USDA will have separate funding allocations and make separate awards under this Notice.

This rule invites comments on revising the requirements for interhandler transfers of almonds under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). This rule would require handlers who transfer almonds to other handlers to report to the Board whether or not the almonds were treated to achieve a 4-log reduction in Salmonella bacteria (Salmonella). This action would help the Board track treated and untreated almonds and facilitate administration of its mandatory Salmonella treatment program. This proposal also announces the Agricultural Marketing Service's (AMS) intention to request approval of a new information collection issued under the order.

The Siskiyou County Resource Advisory Committee (RAC) will meet in Yreka, California, June 18, 2007. The meeting will include routine business and discussion of future project submissions for RAC funding.

The Federal Crop Insurance Corporation (FCIC) proposes to add to 7 CFR part 457 a new Sec. 457.172 Coverage Enhancement Option (CEO) that provides additional coverage to applicable crop provisions. The CEO will be used in conjunction with the Common Crop Insurance Policy Basic Provisions, which contain standard terms and conditions common to most crops and with the crop provisions for which it is approved. At this time, RMA has no plans to expand CEO to crops other than Texas Citrus Trees. The intended effect of this action is to convert the pilot CEO to a permanent option for the 2008 and subsequent crop years.

The Federal Advisory Committee for the Expert Review of Synthesis and Assessment Product 4.3 (CERSAP) will be meeting in Washington, DC. The U.S. Department of Agriculture (USDA) is the lead agency for Climate Change Science Program Synthesis and Assessment Product 4.3 (SAP 4.3) titled, The Effects of Climate Change on Agriculture, Land Resources, Water Resources, and Biodiversity. CERSAP will provide advice to the Secretary of Agriculture on the conduct of this study.

We are proposing to allow the importation into the continental United States of fresh blueberries from South Africa and Uruguay under certain conditions. As a condition of entry, the blueberries would have to undergo cold treatment and would have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of the exporting country. This action would allow for the importation of blueberries from South Africa and Uruguay into the continental United States while continuing to provide protection against the introduction of quarantine pests. In addition, we are proposing to allow the use of cold treatment for blueberries imported into the United States from Argentina. This action would provide an alternative to the methyl bromide treatment that is currently required for blueberries imported from Argentina.

This rule proposes a new industry-funded research, promotion, consumer education, and information order for honey and honey products under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The proposed Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order (Proposed Order) was submitted to the Department of Agriculture (Department) by the National Honey Packers and Dealers Association (Association). The Department proposes that an initial referendum be conducted to ascertain whether the persons to be covered by and assessed under the Proposed Order favor the Proposed Order prior to it going into effect. The Proposed Order would replace the existing Honey Research, Promotion, and Consumer Information Order (Current Order) for honey and honey products and this action proposes the Current Order's termination. The Current Order is issued under the Honey Research, Promotion, and Consumer Information Act (Honey Act). This rule also announces the Agricultural Marketing Service's (AMS) intention to request approval of new honey information collection requirements by the Office of Management and Budget (OMB) for the Proposed Order. Comments are specifically requested on the potential impact of terminating the Current Order and on implementing the Proposed Order.