Department of Agriculture 2008 – Federal Register Recent Federal Regulation Documents

The Federal Crop Insurance Corporation (FCIC) amends the Catastrophic Risk Protection Endorsement (7 CFR 402.4) (CAT Endorsement), and the Group Risk Plan Common Policy (7 CFR 407.9) (GRP policy) to incorporate changes in the administrative fees for catastrophic risk protection mandated by the Food, Conservation, and Energy Act of 2008 (Farm Bill 2008).

We are giving notice of a meeting of the National Wildlife Services Advisory Committee.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule establishing interim final and final free and restricted percentages for domestic inshell hazelnuts for the 2007-2008 marketing year under the Federal marketing order for hazelnuts grown in Oregon and Washington. This rule continues in effect the interim final free and restricted percentages of 8.1863 and 91.8137 percent, respectively, and the final free and restricted percentages of 9.2671 and 90.7329 percent, respectively. The percentages allocate the quantity of domestically produced hazelnuts which may be marketed in the domestic inshell market (free) and the quantity of domestically produced hazelnuts that must be disposed of in outlets approved by the Board (restricted). Volume regulation is intended to stabilize the supply of domestic inshell hazelnuts to meet the limited domestic demand for such hazelnuts with the goal of providing producers with reasonable returns. This rule was recommended unanimously by the Hazelnut Marketing Board (Board), the agency responsible for local administration of the marketing order.

The Natural Resources Conservation Service (NRCS or Agency) is 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 the 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.

Pursuant to Section 102 (2) (C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Penchant Basin Natural Resources Plan (TE-34), Terrebonne Parish, Louisiana.

This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska 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. This rulemaking replaces the subpart D subsistence taking of wildlife taking regulations which expire June 30, 2008. This rule also amends the customary and traditional use determinations of the Federal Subsistence Board.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Enhanced Technologies, Inc. of Greenville, Mississippi an exclusive license to U.S. Patent No. 6,325,215, ``Method and Apparatus for Separating Elastomeric Particulates and Fibers from a Pulverized Mixture'', issued on December 4, 2001.

The Ravalli County Resource Advisory Committee will be meeting to go on a field trip. The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393). The meeting is open to the public.

This tentative partial final decision proposes to adopt changes to the manufacturing cost allowances and the butterfat yield factor used in Class III and Class IV product-price formulas applicable to all Federal milk marketing orders on an interim basis. A separate decision regarding the collection of manufacturing cost information, the use of an energy cost adjustor and providing for a cost add-on feature to Class III and Class IV product-pricing formulas will be addressed in a separate decision. This tentative partial decision requires determining if producers approve the issuance of the amended orders on an interim basis.

On June 13, 2008 the BLM published a Notice of Availability in the Federal Register (73 FR 33802), which inadvertently printed an incorrect list of public meeting dates.

In accordance with 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. The purpose of Section 6(o) of the Food Stamp Act of 1977, as amended by Section 824 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is to establish a time limit for the receipt of food stamp benefits for certain able-bodied adults who are not working. The provision authorizes the Secretary of Agriculture, upon a State agency's request, to waive the provision for any group of individuals if the Secretary determines ``that the area in which the individuals reside has an unemployment rate of over 10 percent, or does not have a sufficient number of jobs to provide employment for the individuals.'' As required in the statute, in order to receive a waiver the State agency must submit sufficient supporting information so that the United States Department of Agriculture (USDA) can make the required determination as to the area's unemployment rate or sufficiency of available jobs. This collection of information is therefore necessary in order to obtain waivers of the food stamp time limit.

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Bayer CropScience seeking a determination of nonregulated status for cotton genetically engineered for tolerance to the herbicide glyphosate derived from a transformation event designated as GHB614. 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 cotton is or could be a plant pest. We are making available for public comment the petition and draft environmental assessment for the proposed determination of nonregulated status.

The Secretary of Agriculture intends to reestablish the Agricultural Air Quality Task Force (AAQTF) and requests nominations for qualified persons to serve as members.

The Farm Security and Rural Investment Act of 2002 requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection as Board members for terms of office ending June 30, 2011. Selected nominees sought by this action would replace those six producer and industry representatives who are currently serving for the term of office that ends June 30, 2008. The Board consists of 18 members representing producers and industry representatives.

We are proposing to revise and reorganize the regulations pertaining to the interstate movement of fruits and vegetables from Hawaii and the territories to consolidate requirements of general applicability and eliminate redundant requirements, update terms and remove outdated requirements and references, and make various editorial and nonsubstantive changes to the regulations to make them easier to use. We are also proposing to make substantive changes to the regulations including establishing criteria within the regulations that, if met, would allow us to approve certain new fruits and vegetables for interstate movement in the United States and to acknowledge pest-free areas in Hawaii and U.S. territories expeditiously, and removing the listing in the regulations of some specific commodities as regulated articles. These changes are intended to simplify and expedite our processes for approving certain regulated articles for interstate movement and pest-free areas while continuing to allow for public participation in the processes. This proposal, if adopted, would not allow for the interstate movement of any specific new fruits or vegetables, nor would it alter the conditions for interstate movement of currently approved fruits or vegetables. These proposed changes would make our domestic interstate movement regulations more consistent with our fruits and vegetables import regulations. The proposed changes would not alter the manner in which the risk associated with a regulated article interstate movement request is evaluated, nor would it alter the manner in which those risks are ultimately mitigated.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed revision of this currently approved collection. The information collection involves the use of a Web-based pre-screening tool for the general public to use to determine potential eligibility for Food Stamp Program benefits.

We are reopening the comment period for our proposed rule that would amend our domestic quarantine regulations to provide for the interstate movement of Hass avocados from Mexican fruit fly and sapote fruit fly quarantined areas in the United States with a certificate if the fruit is safeguarded after harvest in accordance with specific measures. The proposed rule would also amend our foreign quarantine regulations to remove trapping and bait spray treatment requirements related to Anastrepha spp. fruit flies for imported Hass avocados from Michoacan, Mexico. This action will allow interested persons additional time to prepare and submit comments.

The USDA, Forest Service, will prepare an environmental impact statement (EIS) to update range management planning on seven (7) cattle and horse allotments in the Goose Creek area, which will result in development of new allotment management plans (AMPs). The agency gives notice of the full environmental analysis and decision-making process that will occur on the proposal so that interested and affected people may become aware of how they may participate in the process and contribute to the final decision.

This notice suspends indefinitely the effective date for the proposed new Privacy Act system of records entitled ``National Animal Identification System (NAIS), USDA/APHIS-16,'' published at 73 FR 23412 on April 30, 2008.

The Department of Agriculture, Forest Service, will prepare an Environmental Impact Statement (EIS) on a integrated restoration proposal to restore terrestrial and aquatic conditions by improving the health, vigor and resilience of forest stands of infected, dead and high risk trees; restoration and maintenance of grass and shrub communities through prescribed burning; the restoration of aspen age classes and diversity; improving recreation opportunities and grazing; capturing the economic value of the dead and dying mountain pine beetle infested and high risk trees; understory thinning, followed with prescribed burning, on small understory conifer trees; enhancing water quality and quantity and maintaining and restoring conditions for native fish populations. The integrated restoration EIS will also improve public safety and infrastructure by reconstructing, relocating, maintaining and improving signing, design and linkage of forest trails, road densities and travel management. The EIS will address the obliteration of roads as well as provide mitigation measures to avoid introducing and spreading invasive vegetation. The proposed action will occur on a project area of approximately 39,000 acres of National Forest System land. The Forest Service will be using the Healthy Forest Restoration Act (HFRA). The East Deer Lodge Valley Landscape Restoration Project developed in response to the Healthy Forest Restoration Act (HFRA) of 2003 (PL 108-148). Title 1 of HFRA contains provisions to expedite hazardous fuel reduction and forest restoration projects on certain National Forest System lands at risk from wildland fire or are currently experiencing (or show imminent risk to) insect and disease epidemics (HFRA 2003, p. 15). Section 1 02(a)(4) of the HFRA authorizes expedited vegetation management projects where conditions such as the existence of an insect or disease epidemic ``* * * (poses) a significant threat to an ecosystem component, or forest or rangeland resource on the Federal land or adjacent non-Federal land.'' (Ibid. p. 20). Title 1 of HFRA encourages federal agencies to involve state and local governments and citizens when developing plans and projects for vegetation treatment on federal and adjacent non-federal lands (Ibid., p. 7). A stewardship contract will be let upon reaching the project decision and implementation. The Record of Decision will disclose whether and where the Forest Supervisor decides to provide integrated restoration proposals for both the terrestrial and aquatic environments.

We are amending the regulations to consolidate our domestic regulations regarding exotic fruit flies. Currently, these regulations are contained in six separate subparts, each of which covers a different species of fruit fly, and each of these subparts has parallel sections that are substantially the same as the corresponding sections in the other subparts. Therefore, we are combining these six subparts into a single subpart. We are also modifying the regulations by adding a mechanism through which quarantined areas can be removed from regulation expeditiously. These actions eliminate duplication and enhance the flexibility of our regulatory program.