Department of Agriculture 2008 – Federal Register Recent Federal Regulation Documents

The Rural Utilities Service (RUS), an agency delivering the United States Department of Agriculture (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development or the agency, has made a finding of no significant impact (FONSI) in connection with the addition and operation of a second 600 megawatt combined-cycle combustion turbine generation facility proposed by Brazos Electric Power Cooperative (Brazos), of Waco, Texas.

In accordance with the Federal Advisory Committee Act (5 U.S.C. app), the United States Department of Agriculture (USDA) announces solicitation for nominations to fill twelve vacancies on the Forestry Research Advisory Council. The Council membership is appointed with staggered terms of one, two, and three years. Nominations for a three-year appointment for all twelve positions are sought.

The Fremont-Winema National Forests are planning to start charging fees at ten recreation campground sites, and increase camp fees at three existing fee sites and five recreation cabin rentals. The Forest is committed to responsibly serving the public by efficiently operating and, when necessary, modifying the services to ensure developed recreation sites are managed to health and safety standards, and provide recreation opportunities strategically across the Forests. As demographics change and new challenges are presented, it is the Forest's responsibility to respond and ensure that appropriate recreation services and facilities are available to the public.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 of these recreation sites. Aspen Cabin, Bald Butte Lookout, Currier Guard Station, Drake Peak Lookout andHager Mountain Lookout will continue to be available for overnight rental. The facilities are currently available for rent at either $25 or $30 per night. A financial analysis is being completed to determine the appropriate rental fee to cover operating expenses. Future fees may range between $40 and $50 per night. Lookout and forest cabin rentals offer a unique experience and are a widely popular offering on National Forests. Fees would continue to help protect and maintain lookout and cabin rentals and their historic integrity. The fee structure at Digit Point Campground is proposed to change from the required $10.00 per campsite plus $5.00 for an extra vehicle for overnight use to $12.00 per campsite plus $5.00 for an extra vehicle. A fee of $5.00 per campsite is proposed when the water system is no longer active, primarily in the spring and fall. The fee structure at Williamson River Campground is proposed to change from $6.00 per campsite plus $2.00 for an extra vehicle for overnight use to $10.00 per campsite plus $4.00 for an extra vehicle. The fee structure at East Bay Campground is proposed to change from $8.00 per campsite plus $2.00 for an extra vehicle for overnight use to $10.00 per campsite plus $4.00 for an extra vehicle. Campbell, Deadhorse, Cottonwood, Dog Lake, Lofton, Marster Springs, SilverCreek Marsh (campground and trailhead) and Thompson Reservoir Campgrounds are currently free full service campground sites. A financial analysis is being completed to determine appropriate fee rates. The proposed fee would be used to help maintain these campgrounds and is proposed to be between $6 and $8 a campsite, and $2.00 for an additional vehicle. Walt Haring Snow Park is currently a free full service campground with a recreation vehicle dump station. A financial analysis is being completed to determine appropriate fee rates. The proposed fee would be used to help maintain this campground and is proposed to be between $6 and $8 a campsite. A fee of $5.00 is also proposed for use of the recreation vehicle dump station.Recreation fees would be reinvested in campground and cabin facilities where a fee is charged.

This notice announces that the fee to be charged for the 2009 tariff-rate quota (TRQ) year for each license issued to a person or firm by the Department of Agriculture authorizing the importation of certain dairy articles, which are subject to tariff-rate quotas set forth in the Harmonized Tariff Schedule (HTS) of the United States, will be $150.00 per license.

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 peppers from certain Central American countries.

We are advising the public that the Animal and Plant Health Inspection Service is soliciting letters of interest to participate in a voluntary pilot project for its Biotechnology Quality Management System (BQMS). The BQMS is a voluntary compliance assistance program designed to help stakeholders develop sound management practices, thus enhancing compliance with the regulatory requirements for field trials and movement of genetically engineered organisms in 7 CFR part 340. The Pilot Development Project will test the applicability of a biotechnology quality management audit standard and accompanying guidelines and assist APHIS in further development of BQMS. APHIS' goal for the pilot project is to obtain feedback from participants on the strengths and areas for improvement to the audit standard and guidelines prior to full implementation of the system.

We are announcing designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (USGSA): Aberdeen Grain Inspection, Inc. (Aberdeen); Decatur Grain Inspection, Inc. (Decatur); Hastings Grain Inspection, Inc. (Hastings); John R. McCrea Agency, Inc. (McCrea); Missouri Department of Agriculture (Missouri); and South Carolina Department of Agriculture (South Carolina).

On May 20, 2008, the Secretary of Agriculture announced that the Food Safety and Inspection Service (FSIS) would begin working on a proposed rule to prohibit the slaughter of all non-ambulatory disabled cattle, without exception. As announced by the Secretary, FSIS is proposing to amend the Federal meat inspection regulations to remove the provision that states that FSIS inspection personnel will determine the disposition of cattle that become non-ambulatory disabled after they have passed ante-mortem inspection on a case-by-case basis. This proposed rule will require that all cattle that are non-ambulatory disabled at the time they are presented for ante-mortem inspection at an official establishment, and all those that become non-ambulatory disabled after passing ante-mortem inspection, be condemned and properly disposed of.

The Cooperative State Research, Education, and Extension Service (CSREES) is soliciting stakeholder input on the implementation of the Veterinary Medicine Loan Repayment Program (VMLRP), which is authorized under section 1415A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a). The purpose of this program is for the U.S. Department of Agriculture (USDA) to enter into agreements with veterinarians under which the veterinarians agree to provide, for a specific period of time as identified in the agreement, veterinary services in veterinarian shortage situations. As part of the stakeholder input process, CSREES is conducting a public meeting to solicit comments regarding the implementing regulations to be developed for this program.

The Department of Agriculture, Forest Service has initiated the process to prepare an Environmental Impact Statement (EIS) for a road easement issuance to McKinley County for Forest Roads (FRs) 191 and 191D. The proposed action would grant an easement to McKinley County for FRs 191 and 191D and reassign an existing easement (dated December 21, 2001, from David Polich et al.) to the Forest Service across private land within Section 9, T 13 N, R 16 W, NMPM to McKinley County. The granting of the right-of-way allows McKinley County to upgrade the roads and take over their maintenance. The upgrade would make these portions of FR 191 and FR191D, approximately 2.78 miles, all-weather roads.

The Forest Service is issuing an interim directive to Forest Service Handbook 1909.12, chapter 60, to guide agency employees on timber and forest vegetation resource planning, including guidance on identifying lands generally suitable for timber production and long- term sustained-yield capacity. This interim directive revises Forest Service Handbook 1902.1260, issued January 31, 2006. The intended effect of issuance of this interim directive is to provide consistent overall guidance to Forest Service line officers and agency employees in developing, amending, or revising land management plans for units of the National Forest System regarding forest vegetation resource planning. Public comment is invited and will be considered in developing a final directive.

FSIS is conforming its regulations to the Agricultural Marketing Service (AMS) regulations, entitled, ``Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macademia Nuts.'' Therefore, FSIS is amending its regulations to require that a country of origin statement on the label of any meat or poultry product that is a covered commodity, as defined in AMS' interim final regulations (73 FR 45106), and is to be sold by a retailer, as also defined in AMS' interim final regulation, must comply with AMS' interim final regulations. FSIS is also amending its regulations to provide that the addition of country of origin statements on labels of meat or poultry product covered commodities that are to be sold by covered retailers and that comply with the country of origin labeling requirements will be considered to be generically approved. FSIS is not amending its regulations or labeling policies for meat or poultry products that are non-covered commodities. The effective date of AMS' interim final rule for country of origin labeling is September 30, 2008. Therefore, in order to meet the deadline, FSIS is issuing this interim final rule.

We are proposing to amend the fruits and vegetables regulations to allow fresh table grapes from Chile to be imported into the continental United States under a systems approach. Currently, as a condition of entry, all table grapes from Chile must be fumigated with methyl bromide as a risk-mitigation measure for Brevipalpus chilensis. Under this proposal, we would allow a combination of risk-mitigation measures, or systems approach, to be employed in lieu of methyl bromide fumigation. The systems approach would provide an alternative to methyl bromide while continuing to provide protection against the introduction of quarantine pests into the United States.

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 peppers from the Republic of Korea.

This rule invites comments on a temporary suspension of the order provision requiring periodic continuance referenda under the Florida citrus marketing order (order). This rule would suspend for the current cycle the order requirement that a continuance referendum be held every sixth year. The suspension is intended to minimize the confusion that could result from the overlap of the continuance referendum and another referendum associated with the amendatory process. It would also allow producers time to evaluate the results of the amendatory process before voting on the continuance of the order.

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 an extension of the currently approved information collection for the Farmers Market Questionnaire.

This rule decreases 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 that 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 proposed project is to reduce surface and ladder fuels on approximately 1,574 acres by constructing fuel breaks, treating planted stands, and prescribed burning between planted stands and fuel breaks. The purpose of the project is to respond to a proposal from the Tule River Tribal Council under the Tribal Forest Protection Act and to reduce the spread of wildland fire starting on the Sequoia National Forest or private lands onto the Tule River Indian Reservation.

We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Texas from Class A to Class Free. We determined that Texas meets the standards for Class Free status. The interim rule relieved certain restrictions on the interstate movement of cattle from Texas.

Rural Business-Cooperative Service programs are administered through USDA Rural Development. USDA Rural Development announces the availability of $491,535 in competitive cooperative agreement funds for fiscal year (FY) 2008 to conduct research on the national economic impact of all types of cooperatives. USDA Rural Development hereby requests proposals from institutions of higher education interested in applying for a competitively awarded cooperative research agreement. This funding is a follow on to funding awarded in FY 2006 and FY 2007, the intent of which was to encourage research on the critical issue of the economic value of cooperatives. Funding for FY 2008 is expected to expand upon research undertaken with FY 2006 and FY 2007 funds.

The Willamette National Forest is planning to charge a fee at Benson Lake Trailhead and adjacent Scott Lake Campground beginning the summer of 2009. Benson Lake Trailhead was in the recreation fee demonstration project prior to 2005, and fees are being reestablished to help maintain facilities and services including toilet, picnic tables, garbage collection, interpretive and informational signing, and visitor security. A $5 day use fee is being proposed and recreation passes would be honored including: The Northwest Forest Pass, Interagency Passes and Golden Passports. Implementation Date: New fees would begin in August 2009.

This document directs that a referendum be conducted among eligible Florida avocados growers to determine whether they favor continuance of the marketing order regulating the handling of avocados grown in South Florida.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Office of the Assistant Secretary for Civil Rights, USDA/1890 Program intention to request an emergency approval of information collection for the USDA/1890 National Scholars Program.

This rule amends the general regulations for federal fruit, vegetable and nut marketing agreements and marketing orders by establishing supplemental rules of practice for amendatory formal rulemaking proceedings in accordance with section 1504 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill). The supplemental rules of practice add procedures to the rulemaking process relating to amendments to fruit, vegetable and nut marketing agreements and marketing orders; authorize the Department of Agriculture (USDA) to impose assessments on affected industries to supplement funds necessary to improve or expedite an amendatory hearing process; and authorize the use of informal rulemaking (5 U.S.C. 553) to amend such agreements and orders. Section 1504 of the 2008 Farm Bill also applies to amendments of federal milk marketing agreements and orders. The supplemental rules of practice for federal milk marketing agreements and orders are addressed in a separate rulemaking document.