Department of Agriculture November 2008 – Federal Register Recent Federal Regulation Documents
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Information Collection; Grazing Permit Administration Forms
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, Grazing Permit Administration Forms.
Information Collection; Health Screening Questionnaire
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 revision) of a currently approved information collection, Health Screening Questionnaire.
USDA Section 538 Guaranteed Rural Rental Housing Program 2009 Industry Forums-Open Teleconference and/or Web Conference Meetings
This notice announces a series of teleconference and/or Web conference meetings regarding the USDA Section 538 Guaranteed Rural Rental Housing Program, which will take place during the months of January, April, July and October in 2009. This notice also outlines suggested discussion topics for the meetings and is intended to notify the general public of their opportunity to participate in the teleconference and/or Web conference meetings.
Humboldt Toiyabe National Forest; California and Nevada; Bridgeport Ranger District Travel Management
The Humboldt Toiyabe National Forest will prepare an Environmental Impact Statement to disclose the impacts associated with the following proposed actions: Restricting motor vehicles to designated roads and trails, consistent with the national travel management rule. Changes to the forest transportation system, including the recognition and designation of certain user-created routes for motor vehicle use. The Ranger District currently manages about 1500 miles of motor vehicle routes for public use. The proposed action would recognize and adopt an additional 300 additional miles of existing informal (user-created) roads and trails. Most of these have been in existence for many years, but have not been recognized as a part of the forest transportation system.
United States Standards for Grades of Beet Greens
The Agricultural Marketing Service (AMS) is revising the voluntary United States Standards for Grades of Beet Greens. Specifically, AMS is removing the ``Unclassified'' category from the standards.
Black Hills National Forest, Bearlodge Ranger District, Sundance, WY-Rattlesnake Forest Management Project
This notice of intent revises the previously published notice of intent for the Rattlesnake Project (73 FR 65284, Nov. 3, 2008). Due to a printing error, the previously published notice contained an incorrect electronic mail address. This notice corrects the address and extends the comment due date. The Forest Service will prepare an environmental impact statement (EIS) on a proposal to implement multiple resource management actions in the Rattlesnake Project Area to implement the amended Black Hills National Forest Land and Resource Management Plan. The proposed action includes approximately 11,000 acres of commercial timber harvest, 5,000 acres of non-commercial vegetation management, 6,000 acres of prescribed burning, three miles of road construction, road improvements, and watershed improvements. Prescribed burning is proposed in a roadless area.
State Technical Committees
Section 1261 of the Food Security Act of 1985, as amended (the 1985 Act), requires the Secretary of Agriculture (Secretary) to establish a technical committee in each State to assist the Secretary in the considerations relating to implementation and technical aspects of the conservation programs authorized under the 1985 Act. Section 1262 of the 1985 Act describes the responsibilities of the State Technical Committees to work with the United States Department of Agriculture (USDA) in an advisory capacity. Part 610, Subpart C of title 7 of the Code of Federal Regulations contains the current regulations for State Technical Committees. Section 2711 of the Food, Conservation, and Energy Act of 2008 (2008 Act) amended Sections 1261 and 1262 of the 1985 Act to expand agricultural and forestry involvement on the committees, expand the committees' authority related to reviewing Local Working Groups' efforts to address State program priorities, and require the Secretary to standardize committee operations. Section 246(f)(3) of the Department of Agriculture Reorganization Act of 1994 exempted State Technical Committees from the Federal Advisory Committee Act. The 2008 Act clarifies that the Local Working Groups shall be considered a subcommittee of the applicable State Technical Committee for the purposes of this exemption. This interim final rule adopts these changes.
Notice of Request for Extension of Approval of an Information Collection; Importation of Swine and Swine Products From the European Union
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 swine and swine products from the European Union.
Notice of Request for Extension of Approval of an Information Collection; National Veterinary Accreditation Program; Correction
We are correcting errors in our notice to request an extension of approval of an information collection for the national veterinary accreditation program. The notice was published in the Federal Register on November 5, 2008 (73 FR 65820-65821, Docket No. APHIS-2008-0115).
Catastrophic Risk Protection Endorsement; Group Risk Plan of Insurance Regulations; and the Common Crop Insurance Regulations, Basic Provisions
The Federal Crop Insurance Corporation (FCIC) amends the Catastrophic Risk Protection Endorsement, the Group Risk Plan of Insurance Regulations, and the Common Crop Insurance Regulations, Basic Provisions to revise those provisions affected by the changes mandated by the Food, Conservation, and Energy Act of 2008 (Farm Bill 2008).
Proposed Forest Plan Amendment for the Palomar Gasline Transmission Project; Mt. Hood National Forest; OR
The USDA Forest Service, Mt. Hood National Forest is proposing to prepare a forest plan amendment for the proposed Palomar Gasline Transmission Project (PGT). The Federal Energy Regulatory Commission (FERC) is the lead agency for this proposed natural gas pipeline (Docket No. PFO7-13-000). The FERC is preparing an environmental impact statement (EIS) that will discuss the environmental impacts that could result from the construction and operation of a new underground natural gas pipeline proposed by the Palomar Gas Transmission, LLC. An initial Notice of Intent (NOT) to prepare an ETS for this Project was issued by the FERC on October 29, 2007. The U.S. Department of Agriculture, Forest Service, is a Cooperating Agency with the FERC in the preparation of the ETS for this project. The initial Notice of Intent issued by the FERC identified the possible need to amend the Mt. Hood National Forest Land and Resource Management Plan (Mt. Hood Forest Plan) if the Palomar Project is approved and constructed. Through the pre-filing process the Forest Service has determined amendments to the Mt. Hood Forest Plan are needed for this project and will include the analysis in the FERC EIS.
United States Department of Agriculture Research Misconduct Regulations for Extramural Research
The U.S. Department of Agriculture (USDA) proposes to establish regulations to implement the Federal Policy on Research Misconduct applicable to extramural research. The proposed regulation defines research misconduct and establishes basic USDA requirements for the conduct of fair and timely investigations of alleged or suspected infractions. The proposed regulation also includes instructions on USDA administrative actions when research misconduct is found.
Agency Information Collection Activities: Proposed Collection; Comment Request: Status of Claims Against Households (Form FNS-209)
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 an extension of a currently approved collection. The purpose of the Status of Claims Against Households is to provide a standardized format for State agencies submitting reports to the Food and Nutrition Service. Sections 11, 13, and 16 of the Food and Nutrition Act of 2008 (the Act) are the basis for the information collected on Form FNS-209, Status of Claims Against Households. Section 11 of the Act requires that State agencies submit reports and other information that are necessary to determine compliance with the Act and its implementing regulations. Section 13 of the Act requires State agencies to establish claims and collect overpayments against households. Section 16 of the Act authorizes State agencies to retain a portion of what is collected. The FNS-209 is used as the mechanism for State agencies to report the claim establishment, collection and retention amounts.
Office of the Under Secretary, Research, Education, and Economics; Notice of the Advisory Committee on Biotechnology and 21st Century Agriculture Meeting
In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21).
Agricultural Research Service
Pursuant to 5 U.S.C. App., the Agricultural Research Service is requesting nominations for qualified persons to serve as members of the Secretary's Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). The charge for the AC21 is two-fold: to examine the long-term impacts of biotechnology on the U.S. food and agriculture system and USDA; and to provide guidance to USDA on pressing individual issues, identified by the Office of the Secretary, related to the application of biotechnology in agriculture.
Payette National Forest, Idaho, Golden Hand #1 and #2 Lode Mining Claims Plan of Operations
The USDA Forest Service will prepare an environmental impact statement (EIS) for the proposed Plan of Operations (POO) for the Golden Hand 1 and 2 lode mining claims in the Frank ChurchRiver of No Return (FC-RONR) Wilderness on the Krassel Ranger District, Payette National Forest. The purpose of the POO is to allow for collection of subsurface geological information on the claims. The EIS will disclose the environmental effects of the POO submitted by American Independence Mines and Minerals, Inc. The Forest Service now invites comments on the scope of the Analysis and the issues to address.
United States Standards for Grades of Potatoes
The Agricultural Marketing Service (AMS) published a final rule in the Federal Register on March 21, 2008 (FR Doc. 08-1058), revising the United States Standards of Grades of Potatoes. As published, the final regulations contain errors in Sec. Sec. 51.1545, 51.1546, 51.1664, and 51.1565 that are misleading and are in need of clarification. This document corrects those errors.
Public Meetings; National Tuberculosis Program Listening Sessions
We are advising the public that the Animal and Plant Health Inspection Service will host a series of public meetings to provide the public with an opportunity to offer comments regarding current challenges and new approaches for future tuberculosis control methods and eradication in view of budgetary constraints.
Announcement of Grant Application Deadlines and Funding Levels
USDA Rural Development administers loan and grant programs through the Rural Utilities Service. USDA Rural Development announces the Public Television Digital Transition Grant Program application window for fiscal year (FY) 2009. The FY 2008 funding for the Public Television Station Digital Transition Grant Program was approximately $5 million. This notice is being issued prior to passage of a final appropriations bill, which may or may not provide funding for this program, to allow time to submit proposals and give the Agency adequate time to process applications within the current fiscal year. A Notice of Funding Availability will be published announcing the funding levels, if any, for Public Television Station Digital Transition grants once an appropriations bill has been enacted. Expenses incurred in developing applications will be at the applicant's risk.
Remove South Carolina From the Lists of States Approved To Receive Stallions and Mares From CEM-Affected Regions
We are amending the animal importation regulations by removing South Carolina from the lists of States approved to receive certain stallions and mares imported into the United States from regions affected with contagious equine metritis. This action is necessary because South Carolina no longer offers contagious equine metritis quarantine or treatment services and has requested removal from the lists.
Information Collection; Evaluating Community Knowledge, Beliefs, Attitudes, and Preferences Concerning Fire and Fuels Management in Southwestern Forest, Woodland and Grassland Ecosystems
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 revision of a currently approved information collection, Evaluating Community Knowledge, Beliefs, Attitudes and Preferences Concerning Fire and Fuels Management in Southwestern Forest, Woodland and Grassland Ecosystems.
Household Water Well System Grant Program Announcement of Application Deadlines and Funding
USDA Rural Development administers rural utilities programs through the Rural Utilities Service. USDA Rural Development announces the availability of grants from the Household Water Well System (HWWS) Grant Program for fiscal year (FY) 2009, to be competitively awarded. This notice is being issued prior to passage of a final appropriations bill, which may or may not provide for funding this program, to allow applicants sufficient time to leverage financing and submit applications. USDA Rural Development will publish a subsequent notice identifying the amount received in the appropriations, if any. The HWWS Grant Program is authorized under Section 6010 of the Food Conservation and Energy Act of 2008 (The Act), Public Law 110-234. The CONACT authorizes USDA Rural Development to make grants to qualified private non-profit organizations to establish lending programs for household water wells. The non-profit organizations will use the grants to make loans to individual homeowners to construct or upgrade a household water well system for an existing home. The organizations must contribute an amount equal to at least 10 percent of the grant request to capitalize the loan fund. Applications may be submitted in paper or electronic format. The HWWS Grant Program regulations are contained in 7 CFR part 1776.
Agricultural Management Assistance Program
The Natural Resources Conservation Service (NRCS) is amending the regulations for the Agricultural Management Assistance program (AMA). Section 2801 of the Food, Conservation, and Energy Act of 2008 (2008 Act) amended the Agricultural Management Assistance program (AMA) by: Expanding the program's geographic scope to include Hawaii; and providing $15 million in mandatory funding for each of fiscal years 2008 through 2012. NRCS issues this interim final rule with request for comment to incorporate statutory changes resulting from the 2008 Act and to make administrative changes to improve program efficiency.
BioRefinery Assistance Program
This Advanced Notice of Proposed Rulemaking (ANPRM) seeks comments for the development of a proposed rule to implement a BioRefinery Assistance guaranteed loan program. In conjunction with this ANPRM, USDA is publishing a separate notice in this Federal Register announcing a Notice of Funds Availability (NOFA) for a BioRefinery Assistance Program to provide guaranteed loans for the development and construction of commercial-scale biorefineries or for the retrofitting of existing facilities using eligible technology for the development of advanced biofuels. The comments being sought under this ANPRM reference the biorefinery assistance program described in a separate notice published elsewhere in this issue of the Federal Register.
Notice of Funds Availability (NOFA) Inviting Applications for Biorefineries
This notice announces the funds available for the BioRefinery Assistance Program (the ``Program'') to provide guaranteed loans for the development and construction of commercial-scale biorefineries or for the retrofitting of existing facilities using eligible technology for the development of advanced biofuels. In conjunction with this notice, USDA is publishing elsewhere in this issue an advanced notice of proposed rulemaking (ANPRM) seeking comments for the development of a proposed rule to implement the BioRefinery Assistance guaranteed loan program.
Notice of Request for Extension of Approval of an Information Collection; Requirements for Requests To Amend Import Regulations
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 requests to import commodities not already authorized by 7 CFR part 319.
Notice of Request for Extension of Approval of an Information Collection; Importation of Baby Corn and Baby Carrots From Zambia
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 baby corn and baby carrots from Zambia.
Notice of Request for Extension of Approval of an Information Collection; Requirements for Recognizing the Animal Health Status of Foreign Regions
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 recognizing the animal health status of foreign regions.
Syngenta Seeds, Inc.; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered To Produce an Enzyme That Facilitates Ethanol Production
We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Syngenta Seeds, Inc., seeking a determination of nonregulated status for corn designated as transformation event 3272, which has been genetically engineered to produce a microbial enzyme that facilitates ethanol production. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. In accordance with those regulations, we are soliciting comments on whether this genetically engineered corn is likely to pose a plant pest risk. We are also making available for public comment an environmental assessment for the proposed determination of nonregulated status.
Information Collection; 4-Rivers Application and Drawing
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, 4-Rivers Application and Drawing.
United States Standards for Whole Dry Peas, Split Peas, and Lentils
The Grain Inspection, Packers and Stockyards Administration (GIPSA) is revising the U.S. Standards for Whole Dry Peas, Split Peas, and Lentils to provide applicants for service with an optional grade designation for pea and lentil certification and to remove the requirement that, in the case of Mixed Dry Peas, the percentage of each class in the mixture be shown on the grade line. These changes will facilitate use of the standards and better reflect current marketing practices.
United States Standards for Beans
The Grain Inspection, Packers and Stockyards Administration (GIPSA) is revising the U.S. Standards for Beans to provide applicants for service with an optional grade designation for bean certification; and to remove the requirements that the percentage of high moisture and, in the case of Mixed Beans, the percentage of each class in the mixture, be shown on the grade line. These changes will facilitate use of the standards and better reflect current marketing practices.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2008 Amendments)
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations by increasing the value assigned to imported cotton for calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. An amendment is required to adjust the assessments collected on imported cotton and the cotton content of imported products to be the same as those paid on domestically produced cotton. In addition, AMS is removing Harmonized Tariff Schedule (HTS) numbers that were absorbed into other HTS categories since the last assessment adjustment.
Kiwifruit Grown in California; Hearing on Proposed Amendment of Marketing Order No. 920
Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. The amendments are proposed by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. The proposed amendments would redefine the districts into which the production area is divided, and provide for reallocation of committee membership; revise the committee selection and nomination processes; add authority for the committee to recommend and conduct research and market development programs; and revise committee meeting and voting procedures. In addition, the Agricultural Marketing Service (AMS) proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing. The proposals are intended to provide additional flexibility in administration of the order and provide the industry with additional tools to aid in the marketing of kiwifruit.
Notice of Intent To Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Allied Seed L.L.C. of Nampa, Idaho, an exclusive license to the variety of birdsfoot trefoil described in Plant Variety Protection Certificate Number 200700300, ``Witt'', filed on May 7, 2007.
Notice of Intent to Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to PEROS USA INC of Lincoln, Nebraska, an exclusive license to U.S. Patent No. 6,379,677, ``Streptococcus Iniae Vaccine,'' issued on April 30, 2002, U.S. Patent No. 7,067,122, ``Modified Live Edwardsiella Tarda Vaccine for Aquatic Animals,'' issued on June 27, 2006, and U.S. Patent No. 7,204,993, ``Streptococcus Agalactiae Vaccine,'' issued on April 17, 2007.
Notice of Intent to Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Krimar of Lower Sackville, Nova Scotia, Canada an exclusive license to U.S. Patent No. 6,232,880, ``Animal Control System Using Global Positioning and Instrumental Animal Conditioning,'' issued on May 15, 2001.
Notice of Resource Advisory Committee Meeting
Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343) the Modoc National Forest's Modoc County Resource Advisory Committee will meet Monday, December 1, 2008 in Alturas, California 96101, for a business meeting. The meetings are open to the public.
Trinity County Resource Advisory Committee
The Trinity County Resource Advisory Committee (RAC) will meet at the Trinity County Office of Education in Weaverville, California, December 8, 2008 beginning at 6:30 p.m. The purpose of this meeting is to discuss proposed projects under Title H of the Secure Rural Schools and Community Self-Determination Act of 2000.
Amending the Household Water Well System Grant Program Regulations
The Rural Utilities Service (RUS), an agency delivering the United States Department of Agriculture's (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development or the Agency, is amending its regulations to administer the Household Water Well System Grant Program. This action implements provisions of the 2008 Farm Bill for limits on loans that nonprofit organizations may make to homeowners for private well systems. The 2008 Farm Bill raises the loan limit to $11,000 from $8,000. The intended effect is to make part 1776 current with statutory authority. The Agency will also amend the regulation to enable existing grant recipients to amend their grant agreements for the new $11,000 loan limit. In the final rule section of the Federal Register, the Agency is publishing this action as a direct final rule without prior proposal because Rural Development views this as a non-controversial action and expects no adverse comments. If no adverse comments are received in response to the direct final rule, no further action will be taken on this proposed rule, and the action will become effective at the time specified in the direct final rule. If the Agency receives adverse comments, a timely document will be published withdrawing the direct final rule, and all public comments received will be addressed in a subsequent final rule based on this action.
Amending the Household Water Well System Grant Program Regulations
The Rural Utilities Service (RUS), an agency delivering the United States Department of Agriculture's (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development or the Agency, is amending its regulations to administer the Household Water Well System Grant Program. This action implements provisions of the 2008 Farm Bill for limits on loans that nonprofit organizations may make to homeowners for private well systems. The 2008 Farm Bill raises the loan limit to $11,000 from $8,000. The intended effect is to make part 1776 current with statutory authority. The Agency will also amend the regulation to enable existing grant recipients to amend their grant agreements for the new $11,000 loan limit. No adverse comments are expected.
Opal Creek Scenic Recreation Area (SRA) Advisory Council
Opal Creek Scenic Recreation Area Advisory Council meetings will convene in Stayton, Oregon on Wednesday, December 3, 2008. These meetings are scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. Meetings will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: Abandoned mine closure progress report, Forest Service updates, and Advisory Council solicitation status. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to scheduled meetings by sending them to Designated Federal Official Paul Matter at the address given below.
Kemmerer Ranger District, Bridger-Teton National Forest, WY; Kemmerer Grazing and Rangeland Vegetation Management Project
The Bridger-Teton National Forest will prepare an Environmental Impact Statement to analyze the effects of continued authorization of grazing on 15 sheep allotments on the Kemmerer Ranger District in southwest Wyoming. The project area encompasses 165,575 acres of National Forest System lands within Lincoln County of western Wyoming. Most of the project area's east boundary is west of Commissary Ridge; the west boundary is Salt Creek. The center of the project area lies roughly 17 air miles northeast of Cokeville, Wyoming. The allotments included in the analysis are: Lower Salt Creek, Buckskin Knoll, Lake Alice, Smiths Fork, Aspen Springs, Basin Creek, Devil's Hole, Elk Creek, Green Knoll, Indian Creek, Lake Mountain, Pole Creek, Sams Allen Creek, South Fontenelle and Spruce Creek Allotments. The analysis contained in the EIS will be used by the Responsible Official to decide whether or not, and if so, how to authorize livestock grazing and manage rangeland vegetation within the project area.
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