Department of Agriculture January 2009 – Federal Register Recent Federal Regulation Documents
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Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension for a currently approved information collection in support of the program for 7 CFR part 4279, subpart A, Business and Industry Loans.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension for a currently approved information collection in support of the program for 7 CFR 4287, subpart B, Servicing Business and Industry Guaranteed Loans.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended), the United States Department of Agriculture (USDA) Rural Development administers rural utilities programs through the Rural Utilities Service. The USDA Rural Development invites comments on the following information collections for which the Agency intends to request approval from the Office of Management and Budget (OMB).
Sale and Disposal of National Forest System Timber; Special Forest Products and Forest Botanical Products
In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' published in the Federal Register on January 26, 2009, the Department is delaying the effective date and opening for public comment, the rule published on December 29, 2008. This rule regulates the sustainable free use, commercial harvest, and sale of special forest products and forest botanical products from National Forest System lands. The December rule was originally set to take effect January 28, 2009.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended), the United States Department of Agriculture (USDA Rural Development administers rural utilities programs through the Rural Utilities Service. The USDA Rural Development invites comments on the following information collections for which the Agency intends to request approval from the Office of Management and Budget (OMB).
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended), the United States Department of Agriculture (USDA) Rural Development administers rural utilities programs through the Rural Utilities Service. USDA Rural Development invites comments on this information collection for which the Agency intends to request approval from the Office of Management and Budget (OMB).
Subsistence Management Regulations for Public Lands in Alaska-2010-11 and 2011-12 Subsistence Taking of Wildlife Regulations
This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses during the 2010-11 and 2011-12 regulatory years. The Federal Subsistence Board completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations, which expire on June 30, 2010. This rule would also amend the customary and traditional use determinations of the Federal Subsistence Board and the general regulations on subsistence taking of fish and wildlife.
Codex Alimentarius Commission: Meeting of the Codex Committee on Food Additives
The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services, are sponsoring a public meeting on February 10, 2009. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the 41st Session of the Codex Committee on Food Additives (CCFA) of the Codex Alimentarius Commission (Codex), which will be held in Shanghai, China, on March 16-20, 2009. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 41st Session of the CCFA and to address items on the agenda.
Chequamegon-Nicolet National Forest, WI; Twin Ghost Project
The Great Divide Ranger District intends to prepare an Environmental Impact Statement (EIS) to disclose the environmental consequences of managing vegetation and the transportation system within the Twin Ghost Project area. The approximate legal description for the area is as follows: Township 42 North Ranges 4 and 5 West, and Township 43 North Ranges 4, 5, and 6 West. The project area encompasses approximately 67,085 acres in the west central portion of the Great Divide Ranger District, within Ashland, Bayfield, and Sawyer counties in Wisconsin. Excluding private in-holdings and lakes, there are about 53,427 acres of federal land within the project area, of which about 12,000 acres are proposed for vegetation management activities. See the SUPPLEMENTARY INFORMATION section for details regarding the purpose and need and proposed action.
Notice of the Advisory Committee on Agriculture Statistics Meeting
In accordance with the Federal Advisory Committee Act, the National Agricultural Statistics Service (NASS) announces a meeting of the Advisory Committee on Agriculture Statistics.
Chesapeake Bay Watershed Initiative
The Commodity Credit Corporation (CCC) announces the availability of an additional $23 million of technical and financial assistance funds in fiscal year (FY) 2009 through the Chesapeake Bay Watershed Initiative to agricultural producers in eligible states. These states are: Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia. The Chesapeake Bay Watershed Initiative funds are available to help producers implement natural resources conservation practices on agricultural lands in the Chesapeake Bay watershed.
Center for Nutrition Policy and Promotion; Agency Information Collection Activities; Proposed Collection: Comment Request-MyPyramid Interactive Information Collection for Registration, Login, Food Intake and Physical Activity Assessment Information
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is an extension without change of a currently approved collection MyPyramid Tracker and Menu Planner, on-line dietary and physical activity self- assessment tools.
Sequoia National Forest; California; Piute Fire Restoration
The project area for this analysis is the approximately 32,890 acre portion of the Piute Fire on National Forest System lands; approximately 1,700 acres of the fire restoration project area fall within the former Clear CreekProject area. The USDA Forest Service, Sequoia National Forest will prepare an environmental impact statement (EIS) for a proposal to treat approximately 2,260 acres of fire killed and damaged trees, both through removal and treating on site, in the Piute Fire burned area; some of these treatment areas are within the former Clear Creek Project area. The land allocations within the fire area, as identified in the Sierra Nevada Forest Plan SupplementalEIS, are old forest emphasis, general forest, threat zone, defense zone, protected activity centers for spotted owls, spotted owl home range core areas, and riparian conservation areas adjacent to perennial, seasonal, and ephemeral streams. There is a need in the Piute Fire area for: (1) the recovery of the economic value of timber killed or severely injured by the fire, in a expeditious manner, for the purposes of reducing the cost of reforestation activities and supplying wood fiber to local sawmills; (2) the prevention of a future high intensity, stand-replacing wildfire by reducing long term fuel loading for the purpose of facilitating future fire management techniques (prescribed fire and wildland fire use); (3) the recruitment and retention of both short and long term large down logs and snag habitat, for the purpose of providing sufficient burned forest habitat for dependent species; (4) the re- vegetation of conifer stands and other plant and animal habitats that were burned; (5) the improvement of long term soil productivity, by repairing roads and establishing effective ground cover in severely burned areas, for the purpose of minimizing soil erosion and begin to replace soil organic material; and (6) the reduction of safety hazards to the public and forest workers from falling trees.
Revision of Delegations of Authority
This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department of Agriculture (USDA) principally to reflect changes and additions to the delegations required by the Food, Conservation, and Energy Act of 2008 (FCEA), Public Law 110-246. Other additions, deletions, and changes are made as summarized below.
Shasta-Trinity National Forest, California; Moosehead Vegetation and Road Management Project
The Shasta-Trinity National Forest proposes to thin forest stands and reduce fuel loads on approximately 2,300 acres of National Forest System Lands. Overstocked forest stands would be thinned by removing primarily understory and midstory trees to achieve desired stocking. Trees to be removed would generally be smaller in size than trees that would be retained. Some dominant and codominant trees may be removed to attain desired stocking. Forest stand treatments would be accomplished primarily through commercial harvest. Harvest operations would yield sawtimber (logs) and biomass (chips) products. After commercial harvest, fuels would be reduced by treating brush and small diameter trees in the forest understory. Road reconstruction, closure and decommissioning are also proposed. Approximately 22 miles of road would be reconstructed to improve drainage and reduce erosion. The existing open road network would be reduced by decommissioning \1/4\ mile of road and closing approximately 10 miles of road.
Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
In accordance with the Federal Land Policy and Management Act (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), and the Federal Lands Recreation Enhancement Act (REA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Boise and Twin Falls District Recreation Resource Advisory Council (Rec-RAC) Subcommittee, will hold a meeting as indicated below.
Lake Tahoe Basin Federal Advisory Committee
The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on January 21, 2009 on the north shore of Lake Tahoe. 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.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Change in Regulatory Periods
This rule revises the regulatory period when minimum grade, size, quality, and maturity requirements apply to southeastern California grapes under Marketing Order No. 925 (order), and to imported grapes under the table grape import regulation, from April 20 through August 15 of each year to April 10 through July 10 of each year. The order regulates the handling of grapes grown in a designated area of southeastern California and is administered locally by the California Desert Grape Administrative Committee (Committee). The change to the regulatory period beginning date is needed to ensure that imported table grapes marketed in competition with domestic grapes are subject to the grade, size, quality, and maturity requirements of the order. Section 8e of the Agricultural Marketing Agreement Act of 1937 (Act) provides authority for such change. The change to the regulatory period ending date is needed to realign the regulatory period with current shipping trends for grapes in the order's production area. This rule also clarifies the maturity (soluble solids) requirements for southeastern California and imported Flame Seedless variety grapes.
Notice of Request for Approval of an Information Collection; National Animal Health Laboratory Network
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 an information collection associated with the National Animal Health Laboratory Network.
Grassland Reserve Program
The Grasslands Reserve Program (GRP) assists landowners and operators in protecting grazing uses and other related conservation values by restoring and conserving eligible grassland and certain other lands through rental contracts and easements. This interim final rule sets forth how USDA, using the funds, facilities, and authorities of the Commodity Credit Corporation (CCC), will implement GRP in response to the changes made to the program by section 2403 of the Food, Conservation, and Energy Act of 2008. In addition, this interim final rule incorporates other changes to the regulation for clarification or program administrative improvement.
Notice for Request for Proposals for Loan Guarantees under the Section 538 Guaranteed Rural Rental Housing Program (GRRHP) for Fiscal Year 2009
This is a request for proposals for loan guarantees under the section 538 Guaranteed Rural Rental Housing Program (GRRHP) pursuant to 7 CFR 3565.4 for Fiscal Year (FY) 2009 subject to the availability of funding. FY 2008 funding for the section 538 program was $129,090,000. For FY 2009, there are approximately $2 million in additional funds for GRRHP properties that are located in a presidentially declared disaster area. Disaster funds may be used for new construction or repair and rehabilitation. To be eligible for these disaster funds, a property must be located in a county affected by hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under Title IV of the Robert T. Stafford and Disaster and Emergency Assistance of 1974. Applicants must notify the Rural Development contact person for the respective state, as indicated in the ``Submission Address'' section of this notice, that their project is located in an eligible disaster zone and that they want the project considered for these funds. Applicants for both general program funding or disaster funds will submit proposals in the form of ``RESPONSES.'' 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 following paragraphs outline the timeframes, eligibility requirements, lender responsibilities, and the overall response and application processes. The GRRHP operates under 7 CFR part 3565. The GRRHP Origination and Servicing Handbook (HB-1-3565) is available to provide lenders and the general public with guidance on program administration. HB-1-3565, which contains a copy of 7 CFR part 3565 in Appendix 1, can be found at the Agency's Instructions Web site address https://www.rurdev.usda.gov/ regs/hblist.html#hbw6. Eligible lenders are invited to submit responses for the new construction and the acquisition with rehabilitation of affordable rural rental housing. Also eligible is the revitalization, repair, and transfer (as stipulated in 7 CFR 3560.406) of existing direct section 515 housing (transfer costs are subject to Agency approval and must be an eligible use of loan proceeds as listed in 7 CFR 3565.205), and properties involved in the Agency's multi-family preservation and revitalization program (MPR). Equity payments, as stipulated in 7 CFR 3560.406, in connection with the transfer of existing direct section 515 housing, are an eligible use of guaranteed loan proceeds. In order to be considered, the transfer of direct section 515 housing and MPR projects must need repairs and undergo revitalization of a minimum of $6,500 per unit. A Section 538 guaranteed loan used in conjunction with a section 515 transfer that includes an equity payment and that qualifies for an interest credit award, will receive interest credit according to the following schedule:
Oregon Coast Provincial Advisory Committee
The Oregon Coast Province Advisory Committee will meet at Siuslaw National Forest Headquarters, Siuslaw River Room. The agenda includes: Future of Coast PAC and Meeting Schedule, Travel Management Planning, Spotted Owl Recovery Plan, Western Oregon Plan Revision and Public Comment.
Notice of a Public Meeting on Implementation of Title VI, Rural Development Authorities of the Food, Conservation, and Energy Act of 2008-Section 6022, Rural Microentrepreneur Assistance Program and Section 6023, Grants for Expansion of Employment Opportunities for Individuals With Disabilities in Rural Areas
The Rural BusinessCooperative Service, an Agency in the Rural Development Mission Area of the United States Department of Agriculture, will hold a public meeting January 26, 2009, entitled ``Rural Microentrepreneur Assistance OpportunitiesInviting comments with the Public on new authorities of the Consolidated Farm and Rural Development Act (Pub. L. 110-246) (``the Act'').'' The purpose of this event is to gather public comments and suggestions on how to implement certain new authorities authorized under Title VI of the Act.
United States Standards for Livestock and Meat Marketing Claims, Naturally Raised Claim for Livestock and the Meat and Meat Products Derived From Such Livestock
The Agricultural Marketing Service (AMS) is establishing a voluntary standard for a naturally raised marketing claim that livestock producers may request to have verified by the Department of Agriculture (USDA). This standard incorporates revisions made as a result of comments received from an earlier proposed standard. A number of livestock producers make claims associated with production practices in order to distinguish their products in the marketplace and there are a growing number of entities that are capturing value-added opportunities by using alternative production methods to meet the demands of consumers and markets seeking meat and meat products from naturally raised livestock. This voluntary standard will allow livestock producers to utilize AMS' voluntary, third party verification services to provide validity to such naturally raised livestock claims and, in certain cases, access to markets that require AMS verification. AMS verification of this claim would be accomplished through an audit of the production process in accordance with procedures that are contained in Part 62 of Title 7 of the Code of Federal Regulations (7 CFR part 62).
Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products
Notice is hereby given that the U.S. Department of Agriculture (USDA) requests nominations of individuals to serve as a non-government member of the Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products (Consultative Group). On June 18, 2008, the President signed into law the Food, Conservation, and Energy Act of 2008 (the Act), also known as the 2008 Farm Bill. The Act provides for the creation of the Consultative Group.
White River National Forest, Eagle/Holy Cross Ranger District, Eagle County, CO; Edwards Inholding Easement Proposal
The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the anticipated environmental effects of a proposal to approve a permanent easement across National Forest System (NFS) lands for access to a 680-acre private inholding. The private land is entirely surrounded by NFS lands managed by the White River National Forest (WRNF). The proposed easement would provide year-round motorized access to the private inholding, enabling the owner ``reasonable use and enjoyment'' of the parcel as required by the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.
National Urban and Community Forestry Advisory Council
The National Urban and Community Forestry Advisory Council will meet in Washington DC, February 10-12, 2009. The purpose of the meeting is to discuss emerging issues in urban and community forestry and hear public input related to urban and community forestry.
Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms
We are reopening the comment period for our proposed rule that would revise our regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. This action will allow interested persons additional time to prepare and submit comments.
Opal Creek Scenic Recreation Area (SRA) Advisory Council
Opal Creek Scenic Recreation Area Advisory Council meetings will convene in Stayton, Oregon on Wednesday, February 11, 2009. These meetings are scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. Meetings will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: Forest Service updates and future projects. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to scheduled meetings by sending them to Designated Federal Official Paul Matter at the address given below.
Farm and Ranch Lands Protection Program
The Food, Conservation, and Energy Act of 2008 (the 2008 Act) amended the Farmland Protection Program (FPP), established by the Federal Agriculture Improvement and Reform Act of 1996, and reauthorized by the Farm Security and Rural Investment Act of 2002. In the implementing rulemaking, the program was named the Farm and Ranch Lands Protection Program (FRPP) to describe best the types of land the program seeks to protect. Under the FRPP, the Secretary of Agriculture, acting through the Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA), is authorized, on behalf of the Commodity Credit Corporation (CCC) and under its authorities, to facilitate and provide funding for the purchase of conservation easements or other interests in land for the purpose of protecting the agricultural use and related conservation values by limiting nonagricultural uses of the land. This rulemaking implements changes to FRPP made by the 2008 Act and makes administrative improvement to the program.
Technical Service Provider Assistance
The Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA) is issuing an interim final rule for technical service provider (TSP) assistance as authorized under the Food Security Act of 1985, as amended by the Food, Conservation, and Energy Act of 2008. This interim final rule amends the Technical Service Provider (TSP) regulations to address changes made by the Food, Conservation, and Energy Act of 2008. The Secretary of Agriculture has delegated to NRCS the responsibility for administering the authority for technical service provider assistance.
Wildlife Habitat Incentive Program
Section 2602 of the Food, Conservation, and Energy Act of 2008 (2008 Act) amended the Wildlife Habitat Incentive Program (WHIP) by: Narrowing the program's applicability to private agricultural lands, nonindustrial private forestland, and Indian land; identifying habitat on pivot corners and irregular areas as ``other types of wildlife habitat'' eligible for cost-share; increasing, from 15 to 25, the percentage of funds that may be used for agreements that have a term of at least 15 years; providing the Secretary of the United States Department of Agriculture (USDA) authority to give priority to projects that would address issues raised by State, regional, and national conservation initiatives; and instituting an annual $50,000 in direct or indirect aggregate payment limitations per person or legal entity. The Natural Resources Conservation Service (NRCS), an agency of USDA, issues this interim final rule with request for comment to incorporate statutory changes resulting from the 2008 Act authorization. The Agency is also using this rule to simplify the regulation and make administrative changes to improve program efficiency. Cost-share agreements entered into on or following January 16, 2009 will be administered according to this interim final rule.
Rural Development Guaranteed Loans
Rural Development is delaying the effective date of the interim rule for Rural Development Guaranteed Loans, which was published on December 17, 2008. The 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.
Revision of the Hawaiian and Territorial Fruits and Vegetables Regulations
We are revising and reorganizing 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 making substantive changes to the regulations including establishing criteria within the regulations that, if met, will 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 acknowledging pest-free areas while continuing to allow for public participation in the processes. This final rule does not allow for the interstate movement of any specific new fruits or vegetables, nor does it alter the conditions for interstate movement of currently approved fruits or vegetables. These changes will make our domestic interstate movement regulations more consistent with our fruits and vegetables import regulations. The changes in this final rule will not alter the manner in which the risk associated with a regulated article interstate movement request is evaluated, nor will they alter the manner in which those risks are ultimately mitigated.
Fruit, Vegetable, and Specialty Crops-Import Regulations; Proposed Revision to Reporting Requirements
This rule revises the reporting requirements for imports of commodities regulated under section 608(e) (hereinafter referred to as ``8e'') of the Agricultural Marketing Agreement Act of 1937. These changes require that the inspection certificates generated for each lot of such commodities include the entry number from the U.S. Customs and Border Protection (CBP or Customs) documentation that accompanies that lot. The changes also require that importers of raisins, dates, and dried prunes report products exempt from 8e import regulations on AMS Form FV-6``Importers' Exempt Commodity Form,'' which is the same form that is currently used by importers of all other commodities exempt from 8e import regulations. These changes are intended to streamline the tracking of imported products and provide uniformity in electronic reporting systems used by the industries and the Department of Agriculture (USDA).
Summer Food Service Program; 2009 Reimbursement
This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2009 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures that are extended nationwide by enactment of the Fiscal Year 2008 Consolidated Appropriations Act. The 2009 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate.
Fitzgerald Renewable Energy, LLC: Notice of Intent To Hold Public Scoping Meetings and Prepare an Environmental Assessment
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 and/or the Agency, intends to hold public scoping meetings and prepare an Environmental Assessment (EA) in connection with potential impacts related to a project proposed by Fitzgerald Renewable Energy, LLC (FRE), with headquarters in Winter Park, FL. The proposal consists of the construction of a 55 megawatt (MW) biomass power plant located in Ben Hill County, Georgia on Peachtree Road. FRE is requesting the Agency to provide financial assistance for the proposed action.
Wetlands Reserve Program
The Wetlands Reserve Program (WRP) assists owners of eligible land in restoring and protecting wetlands. This interim final rule sets forth how the Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA), using the funds, facilities, and authorities of the Commodity Credit Corporation (CCC), will implement WRP in response to changes made to the program by the Food, Conservation, and Energy Act of 2008. In addition, this interim final rule incorporates other changes to the regulation for clarification or program administration improvement.
Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Wild and Farm-Raised Fish and Shellfish, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts
The Farm Security and Rural Investment Act of 2002 (2002 Farm Bill), the 2002 Supplemental Appropriations Act (2002 Appropriations), and the Food, Conservation and Energy Act of 2008 (2008 Farm Bill) amended the Agricultural Marketing Act of 1946 (Act) to require retailers to notify their customers of the country of origin of covered commodities. Covered commodities include muscle cuts of beef (including veal), lamb, chicken, goat, and pork; ground beef, ground lamb, ground chicken, ground goat, and ground pork; wild and farm-raised fish and shellfish; perishable agricultural commodities; macadamia nuts; pecans; ginseng; and peanuts. The implementation of mandatory country of origin labeling (COOL) for all covered commodities, except wild and farm- raised fish and shellfish, was delayed until September 30, 2008. The 2008 Farm Bill contained a number of provisions that amended the COOL provisions in the Act. These changes included the addition of chicken, goat, macadamia nuts, pecans, and ginseng as covered commodities, the addition of provisions for labeling products of multiple origins, as well as a number of other changes. However, the implementation date of September 30, 2008, was not changed by the 2008 Farm Bill. Therefore, in order to meet the September 30, 2008, implementation date and to provide the newly affected industries the opportunity to provide comments prior to issuing a final rule, on August 1, 2008, the Department published an interim final rule with a request for comments for all of the covered commodities other than wild and farm-raised fish and shellfish. The Agency is issuing this final rule for all covered commodities. This final rule contains definitions, the requirements for consumer notification and product marking, and the recordkeeping responsibilities of both retailers and suppliers for covered commodities.
Environmental Quality Incentives Program
This interim final rule with request for comment amends the existing Environmental Quality Incentives Program (EQIP) regulations to incorporate programmatic changes as authorized by amendments in the Food, Conservation, and Energy Act of 2008 (2008 Act).
Income Limit Modification
The Rural Housing Service is delaying the effective date of a direct final rule, which was published on November 4, 2008 to amend its existing income limit structure for the Single Family Housing Guaranteed Loan Program.
Milk in the Mideast Marketing Area; Recommended Decision and Opportunity To File Written Exceptions on Proposed Amendments to Tentative Marketing Agreement and Order
This decision recommends adoption of a proposal to adjust Class I prices in certain counties of the Mideast Federal milk marketing order. Class I prices are recommended to be unchanged in 193 counties within the marketing area and to be increased by up to $0.20 per hundredweight in 110 counties in the southern portion of the marketing area. The original hearing proposal to adjust Class I prices is recommended for adoption, except it is modified to recommend a $0.20 increase in the Class I price at Charleston, West Virginia.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2009-2010 Marketing Year
This rule would establish the quantity of spearmint oil produced in the Far West, by class that handlers may purchase from, or handle for, producers during the 2009-2010 marketing year, which begins on June 1, 2009. This rule invites comments on the establishment of salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 842,171 pounds and 42 percent, respectively, and for Class 3 (Native) spearmint oil of 1,196,109 pounds and 53 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's (RHS) intention to request an extension for a currently approved information collection in support of the program for ``Self-Help Technical Assistance Grants'' (7 CFR 1944-I).
Healthy Forests Reserve Program
On May 17, 2006, NRCS published an interim final rule for the Healthy Forests Reserve Program (HFRP) and received 11 comment letters. NRCS proposes to amend this rule to incorporate changes associated with enactment of the Food, Conservation, and Energy Act of 2008 (the 2008 Act). The 2008 Act authorizes $9,750,000 for each of the fiscal years 2009 through 2012 to carry out the program. As a result of the 2008 Act, NRCS will allow land enrollment through permanent easements, or easements for a maximum duration allowed under state law and continue to allow enrollment through 10-year cost-share agreements; and allow enrollment of land owned by tribes or members of tribes in 30-year contracts or 10-year cost-share agreements, or any combination of both. Forty percent of program expenditures in any fiscal year will be used for restoration cost-share agreement enrollment and 60 percent of program expenditures in any fiscal year will be for easement enrollment. In addition to changes associated with the 2008 Act, NRCS is addressing comments received on the interim final rule and proposing additional changes that improve program implementation based on the experience gained from the HRFP implementation under the interim final rule.
Agricultural Water Enhancement Program
Section 2510 of the Food, Conservation, and Energy Act of 2008 (2008 Act) established the Agricultural Water Enhancement Program (AWEP) by amending section 1240I of the Food Security Act of 1985. The Secretary of Agriculture delegated the authority for AWEP to the Chief of the Natural Resources Conservation Service (NRCS), who is a vice president of the Commodity Credit Corporation (CCC). NRCS is an agency of the U.S. Department of Agriculture (USDA). Up to $58.4 million in AWEP financial assistance is expected to be available in fiscal year 2009 for NRCS to enter into contracts with producers. The purpose of this notice is to inform agricultural producers of the availability of AWEP funds and to solicit proposals from potential partners who seek to enter into partnership agreements with the Chief to promote the conservation of ground and surface water and the improvement of water quality.
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