Department of Agriculture April 2008 – Federal Register Recent Federal Regulation Documents

The U.S. Department of Agriculture proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the APHIS Automated Trust Funds (ATF) database. This notice is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system that describes the ``routine uses'' of the system be published for comment, we invite comment on all portions of this notice.

The U.S. Department of Agriculture proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the APHIS Emergency Management Response System. This notice is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system which describes the ``routine uses'' of the system be published for comment, we invite comment on all portions of this notice.

The U.S. Department of Agriculture proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the APHIS Comprehensive Electronic Permitting System (ePermits). This notice is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system that describes ``routine uses'' of the system be published for comment, we invite comment on all portions of this notice.

In accordance with the Privacy Act of 1974, as amended, the U.S. Department of Agriculture (USDA) is proposing to add a new Privacy Act system of records to its inventory of records systems. This system is known as the National Recreation Reservation System (NRRS) USDA/FS- 55, and it will make it easier for interested individuals to make advance reservations for recreation opportunities on Federal lands. USDA invites public comment on this new records system.

The USDA Forest Service is resuming preparation of the Pike and San Isabel National Forests land management plan (Forests Plan), and the Cimarron and Comanche National Grasslands land management plan (Grasslands Plan) as directed by the National Forest Management Act (NFMA). Preparation of these two plans, which will replace the single 1984 land and resource management plan (as amended) (1984 Plan) for all four units, was halted when the 2005 Planning Rule was enjoined. A new planning rule (36 CFR 219) was implemented on April 21, 2008, allowing the planning processes to be resumed.

The Commodity Credit Corporation (CCC) is revising the Tobacco Transition Payment Program (TTPP) regulations to expand the information provided in quarterly notices to tobacco manufacturers and importers about the assessments due to CCC. Assessments are based on market shares, CCC has concluded that certain information formerly not included may be included in future assessment notices and released. Specifically, CCC will release to reporting manufacturers and importers the qualifying market share of other manufacturers and importers, for the relevant class of tobacco product, based solely on information supplied by the reporting manufacturer or importer to CCC.

We are adopting as a final rule, without change, an interim rule that amended the Karnal bunt regulations to provide compensation for certain growers and handlers of grain and seed affected by Karnal bunt who had not been eligible for compensation, and for certain wheat grown outside the regulated area that had been commingled with wheat grown in regulated areas in Texas. The compensation provided by the interim rule was necessary to encourage the participation of, and obtain cooperation from, affected individuals in our efforts to contain and reduce the prevalence of Karnal bunt.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in practice standards: 642, Water Well; 516, Pipeline; 614, Watering Facility; 533, Pumping Plant; and 527, Sinkhole and Sinkhole Area. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Department of Agriculture gives notice of a proposed system of records entitled Integrated Acquisition System (IAS).

The Grain Inspection, Packers and Stockyards Administration published a notice in the Federal Register (73 FR 15969) on March 26, 2008, announcing that 16 facilities now meet the definition of a stockyard under the Packers and Stockyards Act and that therefore we proposed to post signs identifying these facilities as posted stockyards. The document was published without indicating the date by which we expect those stockyards will be posted.

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. The proposed collection is a revision of a currently approved collection.

This final rule amends the regulations governing the WIC Program to clarify issues that have arisen subsequent to the publication of the WIC Food Delivery Systems Final Rule on December 29, 2000, and to strengthen further the requirements for State vendor management and infant formula cost-containment systems. This rule contains provisions that would prohibit a State agency from requiring an infant formula manufacturer to provide free infant formula or other items in its infant formula rebate bid solicitation and contract; require that a State agency provide an abbreviated administrative review when a vendor receives a WIC civil money penalty (CMP) as a result of a Food Stamp Program (FSP) disqualification; and expand the types of vendor information that a State agency may release for general program purposes. Technical changes were also made to 7 CFR 246.16a due to revisions made to the WIC Food Packages, published in the Federal Register December 6, 2007. This rule updates regulatory citations contained in 7 CFR 246.16a that refer to 7 CFR 246.10.

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on May 15, 2008 at The Chateau, 955 Fairway Blvd. Incline Village, NV 89451. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

This proposed rule invites comments on revising the requirements regarding off-grade raisins 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). This proposed rule would revise the requirement that notification handlers must provide to the inspection service and the Committee when they perform certain functions on off-grade raisins be in writing, thereby allowing them to use other means of communication, including e-mail. This proposed rule would also remove the requirement that handlers submit reports to the Committee regarding transfers of off-grade and other failing raisins. This action would bring the order's administrative rules and regulations in line with current industry practices.

We published a notice of proposed rulemaking in the Federal Register on February 11, 2008 (73 FR 7686), asking for comments on proposed amendments to four existing scales and weighing regulations issued under the Packers and Stockyards Act (P&S Act). The notice provided an opportunity for interested parties to submit written comments to Grain Inspection, Packers and Stockyards Administration (GIPSA) until April 11, 2008. In response to a request from the poultry industry, we are reopening and extending the comment period to provide interested parties with additional time in which to comment.

The Department of Agriculture (USDA) seeks comments on the intent of the USNA to renew an information collection that expires September 30, 2008. The information collection serves as a means to collect for certain uses of the facilities, grounds, and services. This includes fees for use of the grounds and facilities, as well as for commercial photography and cinematography. Fees generated will be used to defray USNA expenses or to promote the missions of the USNA.

Through this Notice of Funds Availability (NOFA), in conjunction with the GRRHP 2007 Notice, published February 26, 2007, Volume 72 FR, 8339-8346 and the GRRHP 2008 Notice, published February 4, 2008, Volume 73 FR, 6469-6477, 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) 2008 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. The funding for the Demonstration Program will be approximately 10 percent of the FY 2008 appropriation. 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 2008 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 Notice.

This final rule describes the National Forest System (NFS) land management planning framework; sets up requirements for sustainability of social, economic, and ecological systems; and gives directions for developing, amending, revising, and monitoring land management plans. It also clarifies that, absent rare circumstances, land management plans under this final rule are strategic in nature and are one stage in an adaptive cycle of planning for management of NFS lands. The intended effects of the rule are to strengthen the role of science in planning; to strengthen collaborative relationships with the public and other governmental entities; to reaffirm the principle of sustainable management consistent with the Multiple-Use Sustained-Yield Act of 1960 (MUSYA) and other authorities; and to streamline and improve the planning process by increasing adaptability to changes in social, economic, and environmental conditions. This rulemaking is the result of a United States District Court of Northern California order dated March 30, 2007, which enjoined the United States Department of Agriculture (the Department, the Agency, or the USDA) from putting into effect and using the land management planning rule published on January 5, 2005 (70 FR 1023) until it complies with the court's order regarding the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Administrative Procedure Act (APA) (Citizens for Better Forestry v. USDA, 481 F. Supp 2d 1059 (N.D. Cal. 2007)). The purpose of this final rule is to respond to the district court's ruling. This final rule replaces the 2005 final rule (2005 rule) (70 FR 1022, Jan. 5, 2005), as amended March 3, 2006 (71 FR 10837) (which was enjoined by the district court's ruling) and the 2000 final rule (2000 rule) adopted on November 9, 2000 (65 FR 67514) as amended on September 29, 2004 (69 FR 58055).

We are giving notice of meetings of the General Conference Committee of the National Poultry Improvement Plan and of the Biennial Conference.

The Alaska Region of the Forest Service is proposing a revised regional flat fee policy in place of the proposal published in the Federal Register on September 15, 2006 (71 FR 54454). The revised policy differs enough from the original proposed policy to merit public notice and comment.

This rule increases the assessment rate established for the South Texas Onion Committee (Committee) for the 2007-08 and subsequent fiscal periods from $0.02 to $0.03 per 50-pound equivalent of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in South Texas. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses during the 2008-09 and 2009-10 regulatory years. These regulations have been subject to an annual public review cycle, but starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. When final, the resulting rulemaking will replace the subsistence wildlife taking regulations, which expire on June 30, 2008. This rule would also amend the customary and traditional use determinations of the Federal Subsistence Board and the general regulations on taking of wildlife.

The Agricultural Marketing Service (AMS) is proposing to raise user fees for cotton producers for 2008 crop cotton classification services under the Cotton Statistics and Estimates Act. These user fees also are authorized under the Cotton Standards Act of 1923. The 2007 user fee for this classification service was $1.85 per bale. This proposal would raise the fee for the 2008 crop to $2 per bale. The proposed fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision.