Department of Agriculture 2008 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for information collection for Regulations Governing Inspection, Certification and Standards for Fresh Fruits and Vegetables, and Other Products specifically related to audit based programs. Once approved, AMS will request that OMB merge this information collection into the currently approved OMB 0581- 0125, Regulations Governing Inspection, Certification, and Standards for Fresh Fruits, Vegetables and other Products.

This interim rule establishes a unified guaranteed loan platform for the enhanced delivery of four existing Rural Development guaranteed loan programsCommunity Facility; Water and Waste Disposal; Business and Industry; and Renewable Energy Systems and Energy Efficiency Improvement Projects. This interim rule eliminates the existing loan guarantee regulations for these four programs and consolidates them under a new, single part. In addition to consolidating these four programs, this interim rule incorporates provisions that will enable the Agency to better manage the risk associated with making and servicing guaranteed loans and that will reduce the cost of operating the guaranteed loan programs.

The Forest Service is revising the Apache-Sitgreaves National Forests' Land and Resource Management Plan (hereafter referred to as the forest plan). This notice describes the documents available for review and how to obtain them; summarizes the need to change the forest plan; provides information concerning public participation and collaboration, including the process for submitting comments; provides an estimated schedule for the planning process, including the time available for comments; and includes names and addresses for agency officials who can provide additional information.

The Agricultural Marketing Service (AMS) is announcing that a referendum will be conducted under the Lamb Promotion, Research, and Information Order (Order) to determine whether those persons voting favor the continuance of the Order.

The purpose of this notice is to notify all interested parties that the Agricultural Marketing Service (AMS) will hold a Fruit and Vegetable Industry Advisory Committee (Committee) meeting that is open to the public. The U.S. Department of Agriculture (USDA) established the Committee to examine the full spectrum of issues faced by the fruit and vegetable industry and to provide suggestions and ideas to the Secretary of Agriculture on how USDA can tailor its programs to meet the fruit and vegetable industry's needs. This notice sets forth the schedule and location for the meeting.

The Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing to amend the regulations under the Packers and Stockyards Act, 1921 as amended (7 U.S.C. 181 et seq.) (P&S Act or Act), regarding the registration of market agencies and dealers. Under the current regulations, there is no expiration date or renewal process for the registration of a market agency or dealer under the Act. The proposed amendment would establish a 5-year term for registrations and renewal procedures. This action would assist USDA in regulating the business operations of market agencies and dealers through the effective enforcement of the P&S Act.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule relaxing the size requirement prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule continues in effect the action that relaxed the minimum size required for all fresh market red, yellow fleshed, and white types of potatoes from 1 inch (25.4 mm) to \3/4\ inch (19.1 mm) in diameter, if the potatoes otherwise meet the requirements of U.S. No. 1 grade. This rule also continues in effect the action that relaxed the minimum size requirement from July 1 through September 30 of each year for imported red-skinned, round type potatoes under the import regulations as required by section 8e of the Agricultural Marketing Agreement Act of 1937. The Committee recommended this change in response to the recently revised U.S. Standards for Grades of Potatoes which added a definition for Creamer potatoes. This change is intended to provide potato handlers with greater marketing flexibility, growers with increased returns, consumers with a greater supply of small potatoes, and to bring the section 8e potato import regulation into conformity with the marketing order.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Prune Marketing Committee (Committee) for the 2008-09 and subsequent crop years from $0.60 to $0.30 per ton of salable dried prunes. The Committee locally administers the marketing order which regulates the handling of dried prunes in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Washburn Ranger District intends to prepare an environmental impact statement (EIS) to disclose the environmental consequences of proposed pine barren restoration project. The Northwest Sands Project area is approximately 25,900 acres in size; about 125 acres of this is not National Forest System land. The project area is located in Bayfield County, approximately six miles northeast of Iron River, Wisconsin. The legal description of the area includes lands lying within the National Forest boundary within T.49 N, R.7 W, Section 23-26, 35, 36; T.49 N, R.6 W, Section 19-22, 27-33; T.48 N, R.8 W, Section 12, 13, 24, 25, 36; T.48 N, R.7 W, Section 1-5, 7-11, 14-23, 26-36; T.48 N, R6 W, Sections 2, 4-6, 10-16, 21-27; and T.47 N, R.7 W, Sections 3-6, 8-10, 15-17, 20-22. See the SUPPLEMENTARY INFORMATION section for the purpose and need for the action.

This rule decreases the assessment rate established for the Kiwifruit Administrative Committee (Committee) for the 2008-09 and subsequent fiscal periods from $0.045 to $0.035 per 9-kilo volume-fill container or equivalent of kiwifruit. The Committee locally administers the marketing order which regulates the handling of kiwifruit grown in California. Assessments upon kiwifruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

We are adopting as a final rule, without change, an interim rule that amended the regulations governing the interstate movement of fruit from an area quarantined for citrus canker to extend the temporary exception that allows fruit to be packed for interstate movement in bags that are clearly marked with only a limited distribution statement, if those bags are then packed in a box that is marked with both the limited distribution statement and the statement ``Limited Permit: USDA-APHIS-PPQ.'' The interim rule extended the ending date for this temporary exemption from August 1, 2008, to August 1, 2010. The interim rule was necessary to provide for the continued use of existing inventories of bags in which regulated fruit are packed while maintaining safeguards against the movement of regulated fruit to commercial citrus-producing States.

The U.S. Department of Homeland Security (DHS) announces the availability of its National Bio and Agro-Defense Facility Final Environmental Impact Statement (NBAF Final EIS). This announcement is pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, and its implementing regulations at 40 CFR parts 1500-1508. The Proposed Action to site, construct, and operate the National Bio and Agro-Defense Facility (NBAF) would allow researchers to develop tests to detect foreign animal diseases and zoonotic diseases (transmitted from animals to humans) and develop vaccines (or other countermeasures such as antiviral therapies) to protect agriculture and food systems in the United States. The NBAF would enhance U.S. biodefense capabilities with modern and integrated high-security (biosafety levels 3 and 4) facilities that would ensure U.S. vulnerabilities and risks from agro-terrorism are safely addressed. DHS anticipates that the proposed NBAF would focus biosafety level 3 agricultural (BSL-3Ag) research on African swine fever, classical swine fever, contagious bovine pleuropneumonia, foot and mouth disease, Japanese encephalitis, and Rift Valley fever; BSL-4 research would address Hendra and Nipah viruses.

The Plumas National Forest is planning to charge new fees at four recreation campgrounds within the Lakes Basin Recreation Area. All sites have had amenities added to improve services and experiences. 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 and improvement of these recreation sites. Gold Lake Campground (37 sites), Gold Lake 4x4 Campground (16 sites), Goose Lake Campground (13 sites) and Haven Lake Campground (4 sites), are currently fee free sites. The use at these popular campgrounds is historic and the sites are rustic. Improvements have been made including designating 70 campsites, installing fire rings, and adding garbage service. Three new toilets and picnic tables were installed at the Gold Lake 4x4 campground. One new toilet was installed at Goose Lake Campground. Improvements will address sanitation and safety concerns, and improve deteriorating resource conditions and recreation experiences. A financial analysis is being completed to determine fee rates. The proposed fee to help maintain this site would range between $8 and $10 a campsite and $3.00 per one additional vehicle per campsite.

The final rule entitled Management of Donated Foods in Child Nutrition Programs, the Nutrition Services Incentive Program, and Charitable Institutions was published on August 8, 2008. The Office of Management and Budget approved and cleared the associated information collection requirements (ICR) on October 14, 2008. This document announces approval of the ICR.

The Forest Service is amending internal directives regarding travel management to make them consistent with and to facilitate implementation of the agency's final travel management rule. The travel management rule requires each Forest Service administrative unit or ranger district to designate those National Forest System (NFS) roads, NFS trails, and areas on NFS lands that are open to motor vehicle use. Changes to existing travel management directives are needed to provide guidance on implementation of the travel management rule, to conform terminology to the rule, to provide consistent direction on the process of designating roads, trails, and areas for motor vehicle use, and to provide direction on travel analysis. These final directives consolidate direction for travel planning for both NFS roads and NFS trails in Forest Service Manual (FSM) 7710 and Forest Service Handbook (FSH) 7709.55. The final directives rename roads analysis ``travel analysis'' and streamline some of its procedural requirements. In addition, for purposes of designating roads, trails, and areas for motor vehicle use, the final directives expand the scope of travel analysis to encompass trails and areas being considered for designation. Definitions and delegations of authority for the travel management directives are found in FSM 7700. Direction for trail management remains in FSM 2350.

The Shasta County Resource Advisory Committee (RAC) will meet at the USDA Service Center in Redding, California, on January 29, 2009 from 8:30 a.m. to 12 noon. The purpose of this meeting is to discuss proposed projects under Title II of the Secure Rural Schools and Community Self-Determination Act of 2008.

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Pioneer Hi-Bred International, Inc., seeking a determination of nonregulated status for corn designated as transformation event 98140, which has been genetically engineered for tolerance to glyphosate and acetolactate synthase-inhibiting herbicides. 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.

On September 14, 2007, the Forest Service published an NOI to prepare an EIS to disclose the environmental effects of proposed nonsignificant amendments to the three Southwest Idaho Ecogroup (SWIE) 2003 Land and Resource Management Plans (Forest Plans). The September 2007 NOI noted that amendments to the 2003 Forest Plans for the Boise, Payette, and Sawtooth National Forests (NFs) will add, and/or modify existing, management direction, as needed, to implement a comprehensive, Forest Plan-level, wildlife conservation strategy (WCS). This NOI is being corrected to reflect a delay of more than a year in filing the draft EIS. This corrected NOI also provides notice of a change in the approach to the amendment process, in that the amendment process now has been tentatively divided into four phases, each supported by its own environmental impact statement.

We are correcting an error in a notice 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. The notice, which was published in the Federal Register on November 20, 2008 (73 FR 70310), provided an incorrect location for the meeting to be held in Washington, DC.

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, Grey Towers Visitor Comment Card.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service, an agency delivering the United States Department of Agriculture's (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development or the Agency, invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested.