Department of Agriculture January 2009 – Federal Register Recent Federal Regulation Documents

The Glenn-Colusa County Resource Advisory Committee (RAC) will meet in Willows, California. Agenda items to be covered include: (1) Introductions, (2) Report from Designated Federal Official, (3) Public Comment, (4) 2009 Meeting Schedule, (5) Report on Media Releases, (6) General Discussion, (7) Next Agenda.

Section 2703 of Title II of the Food, Conservation, and Energy Act of 2008 (the 2008 Act) (Pub. L. 110-246) reauthorizes the subsection on Regional Equity established under section 1241(d) of the Food Security Act of 1985 (16 U.S.C. 3841(d)), as amended (Regional Equity provision). The purpose of this provision is to give priority to certain states for certain conservation program funding. States eligible to receive funding through the Regional Equity provision are those that have not received, for a given fiscal year, an aggregate allocation of at least $15,000,000 from programs specified in the Regional Equity provision. In addition, States must have approved applications for financial and technical assistance under the specified programs in order to be eligible to receive funding. The Regional Equity programs are all of the conservation programs authorized by subtitle D, Title XII of the Food Security Act of 1985, 16 U.S.C. 3801 et seq., except for the Conservation Reserve Program, the Wetland Reserve Program, and the Conservation Security Program, which are excluded from the conservation programs affected by the Regional Equity provision. This interim final rule sets forth how the Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA), will implement the Regional Equity provision.

We are proposing to amend the domestic livestock regulations to require that when animal identification numbers (AINs) are used, only those numbers beginning with the 840 prefix will be recognized as official for use on all AIN tags applied to animals 1 year or more after the date on which this proposed rule is finalized. In addition, we are proposing to require that all new premises identification numbers (PINs) that are issued on or after the effective date of this rule use the seven-character alphanumeric code format. Official eartags that use a premises based numbering system issued after a 1-year phase- in period will be required to use the seven-character alphanumeric code format as well. Further, we are proposing several changes pertaining to the use of the U.S. shield on official eartags, numbering systems that use such eartags, and the correlation of those numbering systems with the PIN. These proposed changes are intended to achieve greater standardization and uniformity of official numbering systems and eartags used in animal disease programs and to enhance animal traceability, as discussed in previous Federal Register documents pertaining to the National Animal Identification System.

Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343) the Modoc National Forest's Modoc County Resource Advisory Committee will meet Monday, February 2, 2009, March 9, 2009 and May 4, 2009 in Alturas, California 96101, for a business meeting. The meetings are open to the public.

The Pacific Northwest Recreation Resource Advisory Committee will meet in Portland, Oregon. The purpose of the meeting is to review and provide recommendations on recreation fee proposals for facilities and services offered on lands managed by the Forest Service and Bureau of Land Management in Oregon and Washington, under the Federal Lands Recreation Enhancement Act of 2004.

The Department of Agriculture (USDA) and the Department of Health and Human Services (HHS): (a) Provide notice of the second meeting of the Dietary Guidelines Advisory Committee; (b) invite requests for oral testimony; and (c) solicit written comments pertinent to a review of the Dietary Guidelines for Americans.

In accordance with the Paperwork Reduction Act of 1995, this notice announces Rural Development's Cooperative Programs intention to request an extension for a currently approved information collection in support of the program for 7 CFR part 25 Rural Empowerment Zones and Enterprise Communities (EZ/EC).

We are proposing to amend the fruits and vegetables regulations to allow the importation of Hass avocados from Peru into the continental United States. As a condition of entry, Hass avocados from Peru would have to be produced in accordance with a systems approach that would include requirements for importation in commercial consignments; registration and monitoring of places of production and packinghouses; grove sanitation; pest-free areas or trapping for fruit flies; surveys for the avocado seed moth; and inspection for quarantine pests by the national plant protection organization of Peru. Hass avocados from Peru would also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that the avocados were grown, packed, and inspected and found to be free of pests in accordance with the proposed requirements. This action would allow for the importation of Hass avocados from Peru into the United States while continuing to provide protection against the introduction of quarantine pests.

We are advising the public that a site-specific environmental assessment, pest risk assessment, and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to a request to allow the interstate movement of garbage from Hawaii to a landfill in the State of Oregon. The environmental analysis has been prepared to determine whether the request is consistent with the environmental effects and impacts analyzed in our February 2008 regional programmatic environmental assessment. The pest risk assessment evaluates the risks associated with the interstate movement of garbage from Hawaii to Oregon. Based on the finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.

The Rural Utilities Service (RUS), an agency delivering the United States Department of Agriculture's (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development or the Agency, is amending its regulations to administer the Water and Waste Loan and Grant Programs. This action implements provisions of the 2008 Farm Bill for interest rates on direct loans and modifies the interest rate structure currently being used for the direct loan program. Interest rates on loans subject to 5 or 7 percent interest rate limitations (poverty and intermediate rates, respectively) will adjust with changes in the market rate. The poverty and intermediate interest rates will be established at rates equal to a percentage of current market yields for outstanding municipal obligations. The intended effect is to make part 1780 current with statutory authority. In the final rules section of the Federal Register, the Agency is publishing this action as a direct final rule without prior proposal because Rural Development 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.

The White Mountain National Forest proposes to add three sites to the Recreation Fee Program. Fees are determined based on the level of amenities and services provided, cost of operation, maintenance, and market assessment. Funds from fees will be used for the continued operation and maintenance of the sites. The fees proposed are as follows: Cabot Cabin would have an overnight rental fee of $30. There would be a $10 fee for overnight camping at Sawyer Pond Tentsite; and Zealand Picnic Area would be added to the Forest-wide Recreation Pass program. National recreation passes such as the Interagency Annual Pass, Senior Pass, Access Pass, or White Mountain National Forest Annual Pass would be valid for day use fees at these sites.

This final rule amends regulations for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by adding three requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004 in amendments to the Child Nutrition Act of 1966 (CNA) concerning retail vendors authorized by WIC State agencies to provide supplemental food to WIC participants in exchange for WIC food instruments. The intent of these provisions is to enhance due process for vendors; prevent defective infant formula from being consumed by infant WIC participants; and ensure that the WIC Program does not pay the cost of incentive items provided by above-50-percent vendors in the form of high food prices. Finally, this rule also adjusts the vendor civil money penalty (CMP) levels to reflect inflation.

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 required by the Lacey Act for the importation of certain plants and plant products.

The Cooperative State Research, Education, and Extension Service (CSREES) is requesting written stakeholder input on the establishment of the National Institute of Food and Agriculture (Institute) at the Department of Agriculture (USDA). The establishment of the Institute is mandated in section 251(f) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)) as added by section 7511(a)(4) of the Food, Conservation, and Energy Act (FCEA) of 2008 (Pub. L. 110-246). All programs and authorities currently delegated to CSREES will transfer to the Institute, no later than October 1, 2009. By this notice, CSREES has been designated to act on behalf of the Secretary of Agriculture (Secretary) in soliciting public comment from interested parties regarding the establishment of the Institute.

We are advising the public that the Animal and Plant Health Inspection Service has prepared evaluations of the animal health status of Germany and Poland relative to the H5N1 subtype of highly pathogenic avian influenza (HPAI). The evaluations present our evaluation of the HPAI H5N1 detection, control, and eradication measures in place in Germany and Poland during outbreaks of HPAI in 2006 and 2007, as well as our assessment of the present status of Germany and Poland with respect to HPAI subtype H5N1. We are making these evaluations available to the public for review and comment. If, after the close of the comment period, APHIS can identify no additional risk factors that would indicate that domestic poultry in Germany or Poland continue to be affected with HPAI H5N1, we would conclude that the importation of live birds, poultry carcasses, parts of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds from the affected regions of Germany and Poland presents a low risk of introducing HPAI H5N1 into the United States.

The USDA, Forest Service, will prepare an Environmental Impact Statement (EIS) on a proposed action to construct a sno-park, designate motorized and non-motorized over-snow trails to link the parking facility to existing snowmobile and nordic trail systems, and designate new over-snow dog-friendly snowshoe and skier trails to enhance recreational opportunities from the new facility. The proposed sno-park would be located on National Forest lands between Kapka Butte and the junction of Forest Road 46 (Cascade Lakes Highway) and Forest Road 45 (Sunriver cutoff). The proposed sno-park area is located about 30 miles west of Bend, Oregon; it is located in Section 35, Township 18S, Range 9E. The alternatives will include the proposed action, no action, and additional alternatives that respond to issues generated through the scoping process. The agency will give notice of the full environmental analysis and decision making process so interested and affected people may participate and contribute to the final decision.