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

We are reopening the comment period for our proposed rule that would amend the Animal Welfare Act regulations by adding minimum age requirements for the transport in commerce of animals. This action will allow interested persons additional time to prepare and submit comments.

The National Urban and Community Forestry Advisory Council, (NUCFAC) will be filling three positions that will be expiring at the end of December 2008. Interested applicants may download a copy of the application and position descriptions from the U.S. Forest Service's Urban and Community Forestry Web site: https://www.fs.fed.us/ucf/.

The Agricultural Marketing Service (AMS) is withdrawing the July 9, 2008, Federal Register notice (73 FR 39278), which was published in error, announcing the availability of approximately $10 million in grant funds to enhance the competitiveness of specialty crops. Today's notice announces the availability of approximately $10 million in grant funds, less USDA administrative costs, to enhance the competitiveness of specialty crops. The funds announced under this program (SCBGP-FB) are separate from the Specialty Crop Block Grant Program (SCBGP) funds announced by AMS on March 5, 2008. SCBGP-FB funds are authorized by the recently enacted Food, Conservation, and Energy Act of 2008 (the Farm Bill). The application process to apply for the SCBGP-FB funds will parallel those currently found in 7 CFR Part 1290. Regulations to implement the amendments made in the 2008 Farm Bill will be published in the near future. State departments of agriculture are encouraged to develop their grant applications promptly. The 2008 Farm Bill makes the SCBGP-FB funds available only through the end of this fiscal year (September 30, 2008). This necessitates a short application period. State departments of agriculture interested in obtaining grant program funds are invited to submit applications to USDA. State departments of agriculture, meaning agencies, commissions, or departments of a State government responsible for agriculture within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands are eligible to apply. State departments of agriculture are encouraged to involve industry groups, academia, and community- based organizations in the development of applications and the administration of projects.

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 health certificates for the export of live crustaceans, finfish, mollusks, and related products.

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 for the importation of clementines from Spain.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, the United States Department of Agriculture announces three stakeholder listening sessions of the Specialty Crop Committee, under the auspices of the National Agricultural Research, Extension, Education, and Economics Advisory Board.

This document invites comments on a proposed amendment to the Dairy Promotion and Research Order (Dairy Order). The proposal would modify the composition of the National Dairy Promotion and Research Board (Dairy Board) by changing the number of member seats in six of the 13 geographic regions. This modification was requested by the Dairy Board, which administers the Dairy Order, to better reflect the geographic distribution of milk production in the 48 contiguous States. The Department will issue a final rule once public comments have been received and considered.

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 for the importation of pork- filled pasta.

The Federal Crop Insurance Corporation (FCIC) finalizes the Coverage Enhancement Option (CEO) Provisions. The intended effect of this action is to restrict the effect of the current Pilot Coverage Enhancement Option to the 2008 and prior crop years and replace with revised permanent CEO provisions, and to better meet the needs of insured producers. The changes will apply for the 2009 and succeeding crop years.

The Forest Service, U.S. Department of Agriculture (USDA), is proposing to establish a State-specific rule to provide management direction for conserving Colorado roadless areas. The USDA invites written comments on both the proposed rule and the draft environmental impact statement (DEIS) and will consider those comments in developing a final rule and final environmental impact statement (FEIS). The final rule will be published in the Federal Register.

This rule would increase the assessment rate established for the California Walnut Board (Board) for the 2008-09 marketing year from $0.0122 to $0.0158 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The 2008-09 marketing year begins August 1, 2008. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

As announced by this notice, the Commodity Credit Corporation (CCC) is implementing provisions of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) regarding Marketing Assistance Loans (MAL) and Loan Deficiency Payments (LDP) for 2008 crop cotton and peanuts. The 2008 Farm Bill authorizes the continuation of the MAL and LDP programs for the 2008 through 2012 crops. This notice specifies how CCC will administer 2008 crop MAL and LDP provisions.

The Department of Agriculture is adopting, as a final rule, with a change, an interim final rule changing the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders (orders). The orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule continues in effect the action that updated the variety-specific size requirements to reflect changes in commercially significant varieties. This will enable handlers to continue to ship fresh nectarines and peaches in a manner that meets consumer needs, increases returns to producers and handlers, and reflects current industry practices.

We are proposing to amend the regulations regarding the payment of indemnity for animals destroyed because of bovine tuberculosis to provide that an approved herd plan must be in place prior to the payment of indemnity, and to provide that 10 percent of the gross indemnity payment be withheld by the Animal and Plant Health Inspection Service until the conditions of an approved herd plan have been implemented. We are also proposing to amend the regulations to deny payments of Federal indemnity for a herd whose owner has failed to follow the provisions of an approved herd plan, or has violated the conditions of an approved herd plan. We believe these proposed changes would further tuberculosis eradication efforts in the United States and protect livestock not affected with tuberculosis from the disease.

The Deschutes Provincial Advisory Committee will meet on July 31, starting at 8 a.m. at the Deschutes National Forest Supervisor's Office, 1001 SW., Emkay Drive, Bend, Oregon. There will be a 1 hour business meeting. Then, members will go to the field to the Bend Ft. Rock Ranger District to discuss winter recreation. The trip is scheduled to end at 4:30 p.m. All Deschutes Province Advisory Committee Meetings are open to the public and an open public forum is scheduled from 8:30 to 9 a.m.

The Superior National Forest is planning to charge fees at fifteen camping areas. Fees are assessed based on the level of amenities and services provided, cost of operation and maintenance, market assessment, and public comment. The fees listed are only proposed and will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance of these recreation sites. The following fifteen camping areas (all currently free use sites) are being proposed as fee sites: Baker Lake, Toohey Lake, Fourmile Lake, Hogback Lake, Kawishiwi Lake, Section 29 Lake, Silver Island Lake, White Pine Lake, Wilson Lake, Poplar River, Whitefish Lake, Harriet, Clara Lake, Cascade River and Eighteen Lake. These camping areas have many of the same amenities offered at the more developed campgrounds on the Superior National Forest and will be priced in accordance to the amenities provided at that site. A financial analysis is being completed to determine fee rates. The proposed fee to help maintain this site would be approximately $8 per campsite per night, and $4.00 per one additional vehicle per campsite. The fee season for these camping areas would start in early to mid May coinciding with the fishing season opener and would continue to the end of the field season in late September.

The Department of Agriculture is moving the Forest Service's National Environmental Policy Act (NEPA) codifying procedures from Forest Service Manual (FSM) 1950 and Forest Service Handbook (FSH) 1909.15. In addition to codifying the procedures, the Department is clarifying and expanding them to incorporate Council on Environmental Quality (CEQ) guidance and to better align Forest Service NEPA procedures with its decision processes. This rule gives Forest Service NEPA procedures more visibility, consistent with the transparent nature of the Forest Service's environmental analysis and decision making. Also, the additions to the Forest Service NEPA procedures in this rule are intended to provide an environmental analysis process that better fits with modern thinking on decisionmaking, collaboration, and adaptive management by describing a process for incremental alternative development and development of adaptive management alternatives. Maintaining Forest Service explanatory guidance in the FSH will facilitate timely responses to new ideas, new information, procedural interpretations, training needs, and editorial changes to assist field units when implementing the NEPA process.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information collection, Extension of Timber Sales.

NRCS is providing public notice that the Secretary of Agriculture has determined the payments made under Pennsylvania's Upper Makefield Township Riparian Restoration and Preservation Grant Program are primarily for the purpose of protecting or restoring the environment. NRCS was assigned technical and administrative responsibility for reviewing the Upper Makefield Township Riparian Restoration and Preservation Grant Program and making appropriate recommendations for the Secretary's determination of primary purpose. This determination is in accordance with section 126 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126), and permits recipients of cost-share payments to exclude from gross income to the extent allowed by the Internal Revenue Service.

This rule revises 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 rule revises 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 rule also removes the requirement that handlers submit reports to the Committee regarding transfers of off-grade and other failing raisins. This action brings the order's administrative rules and regulations in line with current industry practices.

We are advising the public that an environmental assessment has been prepared by the Animal and Plant Health Inspection Service relative to a proposed biological control program for Sirex woodwasp. The environmental assessment documents our review and analysis of environmental impacts associated with the proposed biological control program. We are making this environmental assessment available to the public for review and comment.

The Rural Utilities Service (RUS), an Agency that delivers the United States Department of Agriculture (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development and/or the Agency, intends to hold public scoping meetings and prepare an Environmental Impact Statement (EIS) in connection with possible impacts related to a proposed action by Minnkota Power Cooperative (Minnkota Power), Otter Tail Power Company, and Minnesota Power to construct a 230 kV electric transmission line from Bemidji to Grand Rapids, Minnesota. To minimize duplication of effort pursuant to 40 CFR 1506.2, Rural Development is conducting an environmental review for the proposed action jointly with the Minnesota Department of Commerce, Office of Energy Security (OES). Rural Development and OES will jointly prepare an environmental review document in compliance with federal responsibilities under the National Environmental Policy Act (NEPA) and other federal statutes and regulations, and state responsibilities under the Minnesota Environmental Policy Act and the Minnesota Power Plant Siting Act.

Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 983 (order), which regulates the handling of pistachios grown in California. The amendments are proposed by the Administrative Committee for Pistachios (Committee), which is responsible for local administration of the order. The proposed amendments would: Expand the production area covered under the order to include Arizona and New Mexico in addition to California; authorize the Committee to reimburse handlers for a portion of their inspection and certification costs in certain situations; authorize the Committee to recommend research projects; modify existing order authorities concerning aflatoxin and quality regulations; modify the authority for interhandler transfers of order obligations; redesignate several sections of the order; remove previously suspended order provisions, and make other related changes. In addition, the Agricultural Marketing Service (AMS) proposes to make any such additional changes as may be necessary to the order to conform to any amendment that may result from the hearing. The proposals are intended to improve the operation and functioning of the marketing order program.