Department of Agriculture 2008 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations at 5 CFR part 1320, this notice announces the Cooperative State Research, Education, and Extension Service's intention to revise a currently approved information collection entitled, ``Cooperative State Research, Education, and Extension Service Application Kit for Research and Extension Programs''.

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, announces its Revolving Fund Program (RFP) application window for Fiscal Year (FY) 2009. In addition to announcing the application window, Rural Development announces the available funding and maximum amounts for RFP competitive grants for the fiscal year. 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. Rural Development will publish a subsequent notice identifying the amount received in the appropriations, if any. The RFP is authorized under section 306(a) of the Consolidated Farm and Rural Development Act (Con Act), 7 U.S.C. 1926(a), as amended by section 6001 of the Food, Conservation & Energy Act of 2008 (2008 Farm Bill), Public Law 110-246. Qualified private non-profit organizations will receive RFP grant funds to establish a lending program for eligible entities. Eligible entities for the revolving loan fund will be the same entities eligible to obtain a loan, loan guarantee, or grant from the Rural Development Utilities Programs Water and Waste Disposal loan and grant programs.

The Rural Utilities Service, an agency delivering the United States Department of Agriculture (USDA) Rural Development Utilities Program, hereinafter referred to as Rural Development and/or the Agency, amends its regulations for the Telecommunications Loan Program (Loan Program). The Agency has reviewed its criteria for approving loans and has determined that modifications to the Loan Program regulations are required in order to ensure that some financially sound applicants are not excluded from the Loan Program. Specifically, this rule will modify the Times Interest Earned Ratio (TIER) requirements that an applicant must comply with when receiving a loan. In addition, the rule is part of an ongoing Agency project to update Agency policies to enable borrowers to provide reliable, modern telecommunications service at reasonable costs in rural areas, while maintaining the security and feasibility of the Government's loans. In the final rules section of this Federal Register, Rural Development is publishing this action as a direct final rule without prior proposal because the Agency views this as a non-controversial action and anticipates 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.

In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) and the Commodity Credit Corporation (CCC) are requesting comments from all interested individuals and organizations on an extension of a currently approved information collection that supports the FSA and CCC Debt Settlement Policies and Procedures regulations.

The Agency is revising its existing regulation governing Rural Rental Housing loans and grants. This action is necessary to provide editorial corrections to 7 CFR Part 3560, subpart N, ``Housing Preservation.'' The intended effect is to ensure the Agency's field offices have correct guidance on processing prepayment requests.

We are amending the regulations concerning the importation of animals and animal products by adding Russia and Azerbaijan to the list of regions where African swine fever exists. We are taking this action because outbreaks of African swine fever have been detected in Russia and Azerbaijan. This action will restrict the importation of pork and pork products into the United States from Russia and Azerbaijan and is necessary to prevent the introduction of African swine fever into the United States.

This interim final rule amends the WIC Farmers' Market Nutrition Program (FMNP) regulations to codify three FMNP nondiscretionary provisions mandated in the Child Nutrition and WIC Reauthorization Act of 2004. The three nondiscretionary provisions include the option to authorize roadside stands, a reduction in the required amount of State matching funds, and an increase in the maximum Federal benefit level. These changes are intended to increase State agency flexibility in managing the Program. The first two provisions became effective on October 1, 2004, while the increased maximum Federal FMNP benefit level was effective as of June 30, 2004. The provisions set forth in this rulemaking are nondiscretionary, i.e., the Department has not exercised any authority to interpret the statutory provisions beyond the language that is specifically provided in the legislation. However, the Department believes that at least one of the provisions in this rulemaking may generate additional questions or comments concerning its implementation. Therefore, the rule is being issued as an interim final rule, to afford the public the opportunity to comment on the possible implications of the provisions contained herein.

The Black Hills National Forest Advisory Board (Board), acting in its capacity as the Black Hills National Forest Recreation Resource Advisory Committee (RRAC), will meet in Rapid City, SD. The purposes of the meetings are to consider recommending a business plan and annual, weekly, and commercial vehicle, special recreation permit fees. These fees would include annual permits purchased by the public to use the Black Hills National Forest's designated, motorized, off-highway vehicle trail system. The fees would be established pursuant to Public Law No: 108-447 (H.R. 48 118), September 8, 2004, Consolidated Appropriations Act, 2005, Title VIII Federal Lands Recreation Enhancement Act, Section 803 Recreation Fee Authority, (h) Special Recreation Permit Fee.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.)and Office of Management and Budget (OMB) implementing regulations (5 CFR part 1320), this notice announces the Cooperative State Research, Education, and Extension Service's (CSREES) intention to request approval to reinstate and revise a previously approved information collection in support of authorizations to use the 4-H Club Name and/or Emblem.

The Forest Service is proposing to amend the Downpayment rule and the Periodic payments rule to reflect changes in contracting procedures adopted in the April 2004 and June 2006 timber sale contracts. These changes reflect stewardship contracting authorities, and reflect changes in forest products markets since these rules were adopted in 1991. The proposed changes also would remove obsolete references and procedures; make downpayments and periodic payments optional for stewardship contracts; allow downpayment and periodic payment amounts to be recalculated when contracts receive a rate redetermination; revise the procedure for releasing the downpayment; and would allow downpayments to be temporarily reduced when Forest Service authorizes certain additions of contract time. The intended effect of this proposed rule is to protect the Government's financial security while providing financial relief to timber purchasers during periods when forest products prices drastically decline or purchasers receive additional contract time for periods when they are not expected to operate.

On September 9, 2008, we published an interim rule in the Federal Register (73 FR 52173-52189) to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain freshwater and saltwater fish. That interim rule was scheduled to become effective on November 10, 2008. We are delaying the effective date of the interim rule until January 9, 2009. This delay will provide APHIS with time to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it.

Deciding Officers in the Southern Region will publish notice of decisions subject to administrative appeal under 36 CFR parts 215 and 217 in the legal notice section of the newspapers listed in the Supplementary Information section of this notice. As provided in 36 CFR 215.5 and 36 CFR 217.5(d), the public shall be advised through Federal Register notice, of the newspaper of record to be utilized for publishing legal notice of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested it and to those who have participated in project planning. Responsible Officials in the Southern Region will also publish notice of proposed actions under 36 CFR part 215 in the newspapers that are listed in the Supplementary Information section of this notice. As provided in 36 CFR part 215.5, the public shall be advised, through Federal Register notice, of the newspaper of record to be utilized for publishing notices on proposed actions. Additionally, the Deciding Officers in the Southern Region will publish notice of the opportunity to object to a proposed authorized hazardous fuel reduction project under 36 CFR part 218.4 or developing, amending or revising land management plans under 36 CFR 219.9 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection for Field Crop Production. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to request an extension of an approved information collection regarding the voluntary recalls from commerce of meat and poultry products because the approval for this information collection is due to expire.

The Forest Service, U.S. Department of Agriculture is resuming preparation of the National Forests in Mississippi revised land management plan as directed by the National Forest Management Act (NFMA). Preparation of the revised plan was halted when the 2005 Forest Service planning rule was enjoined. A new planning rule (36 CFR Part 219) took effect on April 21, 2008, allowing the planning process to be resumed. This notice marks the resumption of the National Forests in Mississippi plan revision process under the new planning rule.

In accordance with section 202 of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality's regulations implementing NEPA (40 CFR 1500- 1508), and applicable agency guidance, a Final Programmatic Environmental Impact Statement (PEIS) has been prepared on the leasing of geothermal resources in 11 Western United States (U.S.) and Alaska. The Department of the Interior, Bureau of Land Management (BLM) and the Department of Agriculture, Forest Service (FS) are co-lead agencies for the PEIS. The Department of Energy (DOE) participated as a core team member. The PEIS has been developed, in part, to support the amendment of 122 resource management plans (RMP) covering public lands managed by the BLM under the Federal Land Policy and Management Act of 1976 (FLPMA). In accordance with the Energy Policy Act of 2005 (Pub. L. 109-58, August 8, 2005), the goal of the proposed action is to make geothermal leasing decisions on pending lease applications submitted prior to January 1, 2005, and to facilitate geothermal leasing decisions on other existing and future lease applications and nominations on the Federal mineral estate. The planning area encompasses about 530 million acres of land with the potential for geothermal development in Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming.

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on November 6, 2008 at The Chateau, 955 Fairway Boulevard, Incline Village, NV 89451. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

This proposed rule would amend livestock and related provisions of the NOP. Comments have been received from consumers, producers, certifying agents, trade associations, retailers, organic associations, animal welfare organizations, consumer groups, and various industry groups seeking greater detail on the role of pasture in organic livestock production. Also since implementation of the NOP in 2002, the National Organic Standards Board (NOSB) has made several recommendations regarding the role of pasture. As a result of comments, complaints, and noncompliances, we are proposing amendments to the livestock provisions of the NOP. This proposed rule provides greater detail for selected provisions of the existing livestock regulations, especially as they relate to pasture and ruminant animals. By specifying in greater detail that producers are to provide ruminants with pasture, recognize pasture as a crop, and incorporate pasture into their organic system plan, producers will have better records and tools for managing pasture and demonstrating compliance with the livestock regulations. Certifying agents will have better tools for measuring compliance with the livestock regulations. Consumers will have better assurances that the organic label is applied in ways that meet their expectations that ruminant livestock animals graze pastures during the growing season. This proposed rule would also clarify the replacement animal provision for dairy animals.

We are amending our domestic quarantine regulations to establish a process by which a State or political subdivision of a State could request approval to impose prohibitions or restrictions on the movement in interstate commerce of specific articles that are in addition to the prohibitions and restrictions imposed by the Animal and Plant Health Inspection Service. The Plant Protection Act provides that States or political subdivisions of States may make such special need requests, but there are currently no procedures in place for their submission or consideration. This action establishes a process by which States may make a special need request.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to the University of Mississippi of University, Mississippi, an exclusive license to U.S. Patent Application Serial No. 12/136,341, ``Method to Ameliorate Oxidative Stress and Improve Working Memory via Pterostilbene Administration'', filed on June 10, 2008.

The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement, by adding nine sections to designate the following nine items within which biobased products would be afforded Federal procurement preference: Chain and cable lubricants; corrosion preventatives; food cleaners; forming lubricants; gear lubricants; general purpose household cleaners; industrial cleaners; multipurpose cleaners; and parts wash solutions. USDA also is proposing minimum biobased content for each of these items.

In accordance with the Paperwork Reduction Act of 1995, this notice announces NRCS' intention to reinstate a previously approved information collection. The collected information will help NRCS match the skills of individuals who are applying for volunteer work that will further the Agency's mission, and provides a timekeeping method for volunteers. Information will be collected from potential volunteers who are 14 years of age or older.

The Forest Service is issuing a final directive to Forest Service Handbook 2409.19, chapter 60, Stewardship Contracting. The directive provides direction to implement the provisions as authorized in the Tribal Forest Protection Act (TFPA) of 2004 (25 U.S.C. 3115a). On December 26, 2006, the Forest Service published in the Federal Register for public notice and comments an interim directive regarding guidance for, TFPA proposals. The agency considered all the comments and made a number of changes to the final directive in response.

The Department of Agriculture (USDA) is adding ``swine contractors'' to the list of regulated entities subject to specific regulations issued under the Packers and Stockyards Act (P&S Act or Act) (7 U.S.C. 181-229). In 2002, Congress added swine contractors as entities regulated under the P&S Act. Specifically, we are amending the regulations to clarify that swine contractors are prohibited from knowingly circulating misleading reports about market conditions or prices; that they are required to provide business information to authorized USDA personnel; and, that they are required to permit authorized USDA personnel to inspect their business records and facilities. We are also amending the regulations to clarify that agents and USDA employees are prohibited from unauthorized disclosure of business information obtained from swine contractors. These changes will assist swine contractors and swine production contract growers with determining which regulations under the P&S Act apply to swine contractors. The inclusion of swine contractors will help us better enforce the provisions of the P&S Act.