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

This document delegates to the Assistant Secretary for Administration the authority vested in the Secretary of Agriculture under the National Agriculture Research, Extension, and Teaching Policy Act of 1977 to enter into cooperative agreements and under the Farm Security and Rural Investment Act of 2002 to implement programs for the Federal procurement and voluntary labeling of biobased products. It also rescinds the delegation of authority to the Chief Economist to implement the biobased procurement and voluntary labeling programs.

The Pacific Southwest Recreation Resource Advisory Committee (Recreation RAC) will hold a meeting in Sacramento, California. The purpose of this meeting is to make recommendations for fee proposals on lands managed by the Forest Service and Bureau of Land Management in California. The Recreation RRAC will consider fee proposals for increases in expanded amenity fees and the elimination of an expanded amenity fee from the Klamath National Forest. In addition presentations will be made on Recreation Facility Analysis, campground concessionaire program and future fee concepts from the Forest Service.

We are advising the public that we have made changes to the areas quarantined for Mexican fruit fly. The quarantined area was updated on July 15, 2008, by removing from quarantine the area in San Diego County, CA, that had been quarantined, and on August 20, 2008, by removing from quarantine the area in Willacy County, TX, that had been quarantined.

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 interstate movement of animals affected with Johne's disease.

The Boise National Forest is planning to charge fees at two recreation sites. 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 currently 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 bunkhouse at the Dutch Creek Guard Station will be available for overnight rental. In consideration of the fees for similar Forest Service facilities and other location factors, the tentative cabin rental fee was set at $45 per night. Guard station rental cabins offer unique experiences and are a popular offering in National Forests. Two other cabins at this guard station have been available for public rental for a number of years and are rented approximately 50 nights during the snow-free season. This facility will expand rental opportunities in that it will make a great rental facility for larger groups or family reunions, as it will accommodate 8-10 easily, and more once remodeling plans to add more sleeping space in the basement are completed. Fees would continue to help protect and maintain this structure, as well as to finance the additional sleeping area construction work. The bunkhouse would be available once a final decision is made and they are listed with the National Recreation Reservation Service which is anticipated for June 2009 at the earliest. Fees are also proposed at the Willow Creek campground on the Mountain Home Ranger District. This site has been improved with a new accessible toilet and picnic tables over the last 8 to 10 years and additional income is needed for its continued operation and maintenance. A fee study, financial analysis, and public involvement efforts have been ongoing since spring 2007 in an effort to evaluate and designate new fee sites across the Boise National Forest. Fees at campgrounds are generally $15 at sites that provide both drinking water and trash removal and $12 at sites that do not provide both of these amenities. A $5 day use fee is also proposed at some sites.

This final rule amends the Dairy Promotion and Research Order (Order). The amendment modifies the composition of the National Dairy Promotion and Research Board (Dairy Board) by changing the number of members in six of the 13 geographic regions. The Dairy Board, which administers the Order, requested the amendment in order to better reflect the geographic distribution of milk production in the contiguous 48 States.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. Each year the Food and Nutrition Service (FNS) prepares an analysis, The Integrity Profile (TIP) Report, of WIC State agency efforts to detect potential fraud, waste and abuse committed by their authorized food vendors and the actions taken to remove vendors who commit program violations. The analysis presents data reported by 90 WIC State agencies, which includes 50 geographic State agencies, 34 Indian Tribal Organization State agencies, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Marianas, and the Virgin Islands. State agencies use a Web-based system to report this information. The reporting burden is comprised of three automated forms, the FNS-698, FNS-699, and FNS-700. The FNS-698 and FNS-699 are used to report State agency summary data, whereas the FNS- 700 is used to capture information on each authorized vendor. The number of vendors authorized by each State agency varies from State to State.

This document makes technical amendments to the Office of the Assistant Secretary for Civil Rights' notice seeking public comment on information collection activities under its USDA/1890 Programs.

The Cooperative State Research, Education, and Extension Service (CSREES) is implementing a newly funded competitive grants program called the Beginning Farmer and Rancher Development Program. By this notice, CSREES is designated to act on behalf of the Secretary of Agriculture in soliciting public comments and stakeholder input from persons who use or conduct research, extension or education, training, outreach and technical assistance regarding the implementing regulation to be developed for this newly funded program, as required under section 7405 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (FCEA).

The Secretary of Agriculture has renewed the charter of the Lake Tahoe Federal Advisory Committee. Chartered under the Federal Advisory Committee Act, the Committee provides advice to the Secretary of Agriculture and to the Federal Interagency Partnership on how the Partnership can best fulfill its duties, pursuant to Executive Order 13057, to protect the extraordinary natural, recreational, and ecological resources in the Lake Tahoe Region.

This notice presents the Record of Decision (ROD) regarding the Natural Resources Conservation Service (NRCS) decided to subordinate its rights, acquired under the Wetland Reserve Program (WRP), to allow the Texas Gas Transmission, LLC (Texas Gas) to cross NRCS held conservation easements associated with the Arkansas Fayetteville Lateral to Mississippi Greenville Lateral Expansion Project in Humphreys County, Mississippi. The project will affect approximately one NRCS held WRP easement in Mississippi creating a 50- foot permanent right-of-way, being 5 feet on each side of the center of the pipeline, and the temporary right-of-way shall be no greater than 25 feet wide. The Federal Energy Regulatory Commission (FERC) prepared a final environmental impact statement (EIS) to fulfill requirements of the National Environmental Policy Act (NEPA). FERC issued the order of issuing certificate on May 2, 2008.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision and extension of approval of an information collection associated with Animal Welfare Act regulations for the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, carriers, and intermediate handlers.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Gary W. Clem Inc. d/b/a ALMACO of Nevada, Iowa, an exclusive license to U.S. Patent No. 6,147,503, ``Method For The Simultaneous And Independent Determination Of Moisture Content And Density Of Particulate Materials From Radio-Frequency Permittivity Measurements'', issued on November 14, 2000.

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 Christmas cactus and Easter cactus in growing media from the Netherlands and Denmark.

The Forest Service will prepare a Draft Environmental Impact Statement (Draft EIS) to evaluate the environmental impacts of authorizing Leavell-McCombs Joint Venture (LMJV) to access 287.5 acres of private property surrounded by National Forest System land. The Forest Service must provide adequate access for the reasonable use and enjoyment of private land. LMJV intends to construct a resort and other facilities known as the Village at Wolf Creek on their property, which lies entirely within the Wolf Creek Ski Area. An alternative that evaluates combining the access for both the Village at Wolf Creek and the Wolf Creek Ski Area into a single grade-separated interchange will be analyzed.

This rule invites comments on changes to the grade and container requirements currently prescribed under the marketing order for avocados grown in South Florida (order). The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This change would establish a minimum grade of a U.S. No. 2 for shipments within the production area, requiring these shipments to meet the same grade as currently prescribed for shipments leaving the production area. This rule would also make changes to the container and container marking requirements under the order. These changes would provide a grade and pack to meet consumer demand and would improve the identification and traceability of avocado shipments.

The Natural Resources Conservation Service (NRCS or Agency) published an Interim Final Rule on June 25, 2008, amending its National Environmental Policy Act (NEPA) compliance regulations by clarifying the appropriate use of a program environmental assessment (EA) and by aligning its NEPA public involvement process with that of the Council on Environmental Quality's (CEQ) regulations that implement NEPA. Both changes would better align the Agency regulations with the CEQ NEPA regulations and provide for the efficient and timely environmental review of NRCS actions, particularly those actions where Congress has directed NRCS action within short time periods of 60-90 days. The Council on Environmental Quality, in accordance with their regulations, reviewed and approved the proposed changes on June 11, 2008. The comment period on the interim final rule closed on July 25, 2008. No comments were received on the interim final rule. Accordingly, NRCS is issuing this final rule to indicate that no comments were received and to announce that the interim rule is final without change.

This Notice invites all States of the United States of America, its territories, the District of Columbia, and the Commonwealth of Puerto Rico, (collectively hereinafter called States) to submit an Application for Federal Assistance (Standard Form 424), and to enter into a cooperative agreement with the Agricultural Marketing Service (AMS) for the allocation of National Organic Certification Cost-Share Funds. The AMS has allocated $22.0 million for this organic certification cost-share program commencing in Fiscal Year 2008. Funds are available under this program to interested States to assist organic producers and handlers certified under the National Organic Program (NOP), as appropriate. States interested in obtaining cost-share funds must submit an Application for Federal Assistance and enter into a cooperative agreement with AMS for allocation of funds.

The Rural Business-Cooperative Service (RBS) amends its regulations for the Intermediary Relending Program (IRP). This action is needed to address several contradictions between the servicing and processing regulations. The intended effect of this action is to incorporate consistent language in both regulations as it relates to loan limits for ultimate recipients, eligible vs. ineligible uses of funds, and include a requirement on the extent to which ultimate recipients are assisted by the loans made. The changes will result in eliminating inconsistencies within the regulations and provide clarity and guidance that will allow the program to operate more efficiently and effectively.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with no revision of a currently approved information collection, Day Use on the National Forests of Southern California.

The Animal and Plant Health Inspection Service (APHIS) is seeking public comment and scientific and technical empirical data and information concerning ongoing and future research on genetically engineered animals. APHIS' interest is to ensure that genetically engineered animals imported into the United States or moved interstate do not present risks to U.S. livestock health. We also seek comment on what types of actions and approaches APHIS should consider in addressing any such risks that would complement the Food and Drug Administration's (FDA's) oversight, described in draft guidance elsewhere in this issue of the Federal Register.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C Chapter 35) this notice announces the Risk Management Agency's intention to request an extension for and revision to a currently approved information collection for Request for Applications for Research Partnerships.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services (HHS), are sponsoring a public meeting on September 24, 2008. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the 30th Session of the Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) of the Codex Alimentarius Commission (Codex), which will be held in Capetown, South Africa, on November 3- November 7, 2008. In addition, a working group will meet on November 1, 2008, to discuss agenda items on the Scientific Basis of Health Claims and Nutrient Reference Values for food labeling purposes, and any other matters related to the World Health Organization's (WHO) Global Strategy on Diet, Physical Activity and Health which are under consideration by the CCNFSDU. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 30th Session of CCNFSDU and to address items on the agenda.