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

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR part 1320 (60 FR 44977, August 29, 1995), this notice announces the Cooperative State Research, Education, and Extension Service's (CSREES) intention to revise a currently approved information collection entitled, ``Reporting Requirements for State Plans of Work for Agricultural Research and Extension Formula Funds.'' The only proposed change to the information collection is that the initial five year plan of work will no longer be required.

NRCS published in the Federal Register notice of October 22, 2008 (73 FR 62949), a document stating ``Notice to Reinstate a Previously Approved Information Collection.'' This notice corrects the previously published document. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the intention of NRCS to request an extension for, and a revision to, the currently approved information collection, Volunteer ProgramEarth Team. The collected information will help NRCS match the skills of individuals who apply for volunteer work that will further the Agency's mission. Information will be collected from potential volunteers who are at least 14 years of age.

This action provides final rulemaking for a proposed rule. It revises the current bonding requirements imposed against participating retailers and wholesalers who have violated the Food Stamp Program rules and regulations. Currently, all violating retailers and wholesalers that are disqualified for a specified period of time or have a civil money penalty imposed in lieu of a disqualification for a specified period of time are required to submit a valid collateral bond, usually on an annual basis, if they wish to continue to participate in the Food Stamp Program. Over the years, securing a collateral bond has become increasingly more difficult for retailers and wholesalers. Thus, this final rule revises the current requirement in order to help alleviate the financial burden to those retailers and wholesalers who are required to submit such a bond and also to reduce the recordkeeping burden with respect to the FNS field offices which have to keep track of the expirations and renewals of these bonds. This final rule also places in the Food Stamp Program regulations the longstanding policy FNS has adopted to accept irrevocable letters of credit (LOC) in lieu of collateral bonds. Lastly, this rule establishes a specified period of time for retailers and wholesalers to be removed from the program for accepting food stamp benefits in payment for eligible food on credit, a violation of the Food Stamp Program regulations.

This rule implements the provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) regarding the direct and counter-cyclical payment program (DCP) for the 2008 through 2012 crop years as well as Average Crop Revenue Election (ACRE) program payments for the 2009 through 2012 crop years. The 2008 Farm Bill further authorizes payments, with some changes, that were previously authorized under the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill) regarding direct and counter-cyclical payments for the crop years 2002 through 2007. The payments provide income support to producers of eligible commodities and are based on historically-based acreage and yields and do not depend on the current production choices of the farmer. In general, the 2008 Farm Bill provides payments to eligible producers of covered commodities and peanuts and beginning in 2009, pulse crops as well. Additionally, the 2008 Farm Bill provides for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under the 2002 Farm Bill.

This Notice is to invite applications for loans and grants under the Rural Economic Development Loan and Grant (REDLG) program pursuant to 7 CFR part 4280, subpart A for fiscal year (FY) 2009 subject to the availability of funding. Funding to support $35.8 million in loans and $10 million in grants is currently available. The commitment of program dollars will be made to applicants of selected responses that have fulfilled the necessary requirements for obligation. Expenses incurred in developing applications will be at the applicant's risk.

The Department is issuing this final rule to regulate the sustainable free use, commercial harvest, and sale of special forest products and forest botanical products from National Forest System lands. The rule is needed to promote sustainability in light of the increased public demands for both timber and non-timber special forest products and forest botanical products over the past 10 years. In many cases, these demands are challenging sustainability, particularly in the most heavily used parts of the National Forest System. This rule will help ensure the continued sustainability of special forest products and forest botanical products. The rule also revises 36 CFR 261.6 to reflect new free use and personal use authorizations for special forest products and forest botanical products and to specify the types of contractual documents currently used by the Forest Service. In addition, the Forest Service made minor textual clarifications to section 261.6.

We are amending the regulations governing the importation of certain animals, meat, and other animal products into the United States by restoring Surrey County, England, to the list of regions of the world that are considered free of rinderpest and foot-and-mouth disease (FMD), and to the list of regions of the world considered free of rinderpest and FMD but subject to additional importation restrictions because of those regions' proximity to or trading relationships with FMD-affected regions. This final rule follows an interim rule that removed Surrey County, England, from those lists due to the detection of FMD in that region. Based on the results of a risk analysis concerning the FMD disease status of Surrey County, England, we have determined that Surrey County, England, can be added to the list of regions considered free of FMD. This rule relieves certain FMD-related prohibitions and restrictions on the importation of ruminants and swine and the fresh meat and other animal products of ruminants and swine into the United States from Surrey County, England.

The U.S. Department of Agriculture (USDA) is soliciting nominations for membership on the National Advisory Committee on Meat and Poultry Inspection (NACMPI). The full Committee consists of 16-18 members, and each person selected is expected to serve a 2-year term.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's intention to request an extension for a currently approved information collection in support of the program for the 1890 Land Grant Institutions Rural Entrepreneurial Outreach and Development Initiative Program.

Pending public comments and feedback received through the BLM Resource Advisory Council (BLM RAC) review and recommendation process, the following National Forests and National Grasslands in the Northern Region propose to begin charging new fees at the following recreation sites: The Beaverhead Deerlodge National Forest will begin charging new fees for overnight camping at Pintler Campground ($5/night) with an additional vehicle fee of $3/vehicle; East Fork Campground ($8/night) with an additional vehicle fee of $3/vehicle; North Van Houten Campground ($9/night) with an additional vehicle fee of $3/vehicle; South Van Houten Campground ($9/night) with an additional vehicle fee of $3/vehicle Twin Lakes Campground ($9/night) with an additional vehicle fee of $3/vehicle; for day use at Canyon Creek Day Use Site ($4/site), and for the overnight rental at Long Tom Cabin ($40/night); and at Springhill Cabin ($50/night). Bitterroot National Forest will begin charging new fees for overnight camping at Blodgett Campground ($8/night); for day use at Willoughby Group Site ($50); for the overnight rental of Lost Horse Cabin ($50/night); and Boulder Point Lookout ($35/night). The Clearwater National Forest will begin charging new fees for the overnight rental of Wendover Cabin ($40/night). The Custer National Forest will begin charging new fees for overnight camping at Jimmy Joe Campground ($10/night) with an extra vehicle fee of $5/night; Palisades Campground ($10/night) with an extra vehicle fee of $5/night; M K Campground ($10/night) with an extra vehicle fee of $5/night; and Initial Creek Campground ($10/night) with an extra vehicle fee of $5/night. The Dakota Prairie Grasslands will begin charging new fees for overnight camping at Burning Coal Vein Campground ($10/night). The Idaho Panhandle National Forest will begin charging new fees for overnight camping at Cedar Creek Campground ($8/night) with an extra vehicle fee of $2/night; Telichpah Campground ($8/night) with an additional vehicle fee of $2/night; Tripod Point Campground ($5/night); Distillery Bay Campground ($5/night); Bottle Bay Campground ($5/night); and Teacher Bay Campground ($5/night). The Idaho Panhandle National Forest will also begin charging a dump station fee of $3 at Upper Landing Dump Station for each tank downloaded. The Nez Perce National Forest will begin charging new fees for the overnight rental of Sourdough Lookout ($30/night); Moore's Station Cabin ($50/night); Elk Mountain Cabin ($35/night); Selway Falls Cabin ($50/night); Burnt Knob Lookout ($25/night); Square Mountain Lookout ($25/night); and Indian Hill Cabin ($35/night). Rentals of other cabins and lookouts throughout the Northern Region have shown that the public appreciates and enjoys the availability of historic rental cabins and lookouts as well as campgrounds and group camping sites. Funds from the cabin rentals, campgrounds, group camping site, day use site and dump station will be used for the continued operation and maintenance of recreation sites.

The Black Hills National Forest Advisory Board (NFAB) has announced its meeting dates for 2009. These meetings are open to the public, and public comment is accepted at any time in writing, at the pleasure of the Chair, and during the last 15 minutes of each meeting, limited to three (3) minutes per person for oral comments. Meeting dates are the third Wednesday of each month unless otherwise indicated: January 7 (Previously announced); February 18; March 18; April 15; May 20; June 17; July 15; August 19 (Summer Field TripTBA); September 16; October 21; November 18; December No meeting; January 6, 2010 (Tentative).

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection of data for the School Food Purchase Study- III. This is a request for reinstatement with changes of a previously approved OMB package (OMB 0584-0471, expiration data 6/30/98). It is the third in a series of studies designed to provide statistically valid national estimates of the types, amounts, and costs of food acquisitions (both purchased foods and USDA donated commodities) made by public school districts participating in the National School Lunch Program (OMB 0584-006, expiration date 3/31/2009). This proposed collection is in response to a Congressional mandate in the Food, Conservation, and Energy Act of 2008.

This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 966, regulating the handling of tomatoes grown in Florida (order). AMS has determined that the order should be continued.

This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 984, regulating the handling of walnuts grown in California (order). AMS has determined that the order should be continued.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Topped Carrots. AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in fostering commerce. As a result, AMS has identified the United States Standards for Grades of Topped Carrots for possible revisions. AMS is proposing to revise the color requirement to allow topped carrots of any color characteristic of the variety to be graded using the standards. In addition, the similar varietal characteristic requirement would be amended to allow mixed colors and/or types of carrots when designated as a mixed or specialty pack. Also, AMS is considering removing the ``Unclassified'' category from the standards. AMS is seeking comments regarding these changes as well as any other possible revisions that may be necessary to better serve the industry.

We are extending the comment period for our proposed rule that would amend the Animal Welfare Act regulations to add requirements for contingency planning and training of personnel by research facilities and by dealers, exhibitors, intermediate handlers, and carriers. This action will allow interested persons additional time to prepare and submit comments.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a revision and extension of an information collection associated with regulations for the National Poultry Improvement Plan.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a revision and extension 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.

This analysis would address federal hardrock mineral exploration in terms of 32 current permit applications, future permit applications, current and future operating plans, and future use and occupancy authorizations (Special Use Permits) on the Superior National Forest (SNF) over the next 20 years. The project area covers all SNF managed lands available to mineral exploration. In accordance with the SNF Land and Resource Mangement Plan, the Boundary Waters Canoe Area Wilderness, Mining Protection Area, and Eligible Wild River Segments are not available to mineral exploration. The Forest Service is the lead agency for this EIS and the United States Department of the Interior (USDI), Bureau of Land Management (BLM) is a cooperating agency. As a cooperating agency, the BLM will adopt the EIS to support their own Record of Decision. Federal laws and policies will be outlined in the EIS that will require the SNF, as the agency managing the surface, and the BLM, as the agency responsible for managing sub- surface minerals resources, to consider the Prospecting Permit applications. Based on the Forest Service's recommendations and consent, the BLM will review those recommendations and decide whether to authorize the prospecting permits and operating plans.

The Six Rivers National Forest (Six Rivers NF) will prepare an Environmental Impact Statement to disclose the impacts associated with the following proposed actions: 1. The prohibition of cross-country motor vehicle travel (with the exception of snowmobiles) off designated National Forest NFTS (NFTS) roads and trails by the public except as allowed by permit or other authorization. 2. Make a non-significant amendment to the Six Rivers NF Land and Resource Management Plan (Six Rivers Forest Plan) to conform with the Travel Management Rule (36 CFR Part 212 Subpart B). 3. Add approximately 58 miles (206 segments) of existing unauthorized routes to the NFTS as motorized trails open to the public for motor vehicle use by vehicle class and season of use. 4. Approximately 7 miles (5 segments) of existing NFTS roads are proposed for dual management as both a Maintenance level 1 (closed) road and as a motorized trail open to vehicles 50'' or less in width. 5. Make the following change to NFTS roads: Allow both highway licensed vehicles and non-highway licensed vehicles to use approximately 25\1/2\ miles (17 segments) of existing NFTS roads currently open to highway licensed vehicles only. 6. Make the following changes to NFTS trails: a. Allow motor vehicles 50 inches or less in width on approximately 4 miles (1 segment) of existing NFTS trail currently open to motorcycles. b. Convert approximately 6 miles (2 segments) of existing NFTS motorized trails to NFTS non-motorized trails.

We are adopting as a final rule, without change, an interim rule that amended the regulations governing the importation of nursery stock to prohibit or restrict the importation of ash (Fraxinus spp.) plants for planting, except seed, from all foreign countries except for certain areas in Canada that are not regulated areas for emerald ash borer. The interim rule was necessary to prevent further introductions of emerald ash borer into the United States and to prevent the artificial spread of this destructive plant pest.

The Commodity Credit Corporation (CCC) announces that it is inviting proposals for the FY 2009 Emerging Markets Program (EMP). The intended effect of this notice is to solicit additional applications from the private sector and from government agencies for FY 2009. The EMP is administered by personnel of the Foreign Agricultural Service (FAS).

This interim rule implements provisions of the Child Nutrition and WIC Reauthorization Act of 2004 relating to verification of applications approved for free or reduced price meals in the National School Lunch Program and the School Breakfast Program. This interim rule includes changes to sample sizes for local education agencies (school districts) when conducting verification which include alternatives when there is an increase in the number of responses to the requests for verification; direct verification provisions which allow the local educational agency to contact means- tested programs to verify the information on applications without contacting the applicant household for documentation; and revised deadlines for completion of verification efforts. This interim rule also establishes a standard sample size of three percent for local educational agencies that do not qualify for use of an alternative sample size. The direct verification provision will reduce the number of households that must be contacted to submit documentation. This interim rule incorporates other statutory changes designed to assist households in completing the verification process. These changes require the local educational agency to have a telephone number that households may call, without charge, for questions about verification. The local educational agency must also make at least one attempt to follow-up with households selected for verification prior to denying benefits when the household fails to respond. There is also a provision that gives local education agencies the discretion to replace selected applications when households are deemed unlikely to respond to the verification request. These are safeguards to avoid termination of a child's benefits due to misunderstandings or other difficulties that may preclude households from effectively complying with the verification request. The changes made in this interim rule are intended to enhance verification efforts which will improve the accuracy of benefit distribution.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995), this notice announces the National Agricultural Library's intent to request approval for a new electronic mailing list subscription form from researchers and practitioners working with water quality and water resources. This voluntary form gives individuals an opportunity to receive and post messages to an electronic discussion list maintained by the Water Quality Information Center (WQIC).