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

Notice is hereby given that the USDA Forest Service, Eldorado National Forest (Forest Service), together with the Kirkwood Meadows Public Utility District (KMPUD), will prepare a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to disclose the impacts associated with authorizing a 50-year term Special Use Permit for the construction, use and maintenance of a Kirkwood Meadows Public Utility District power line connecting the electrical grid near Salt Springs with the community of Kirkwood Meadows, located in Amador, Alpine and El Dorado Counties, California. The new power line would potentially be located along Highway 88 and within the Eldorado National Forest. The power line would connect with an existing 115 kV transmission line near the PG&E hydroelectric facility at Salt Springs Reservoir. The proposed project also includes two substations to be built, one near the Salt Springs hydroelectric facility and the other on KMPUD property within the Kirkwood Meadows valley, as well as ancillary improvements on National Forest System lands needed to maintain this system (e.g., poles, roads, communication equipment).

The Siskiyou Resource Advisory Committee will meet on Thursday, March 5, 2009 to recommend Title II projects for fiscal year 2009 under the Secure Rural Schools and Community Self Determination Act of 2000. The meeting will be held at the Grants Pass Interagency Office, 2164 NE. Spalding Avenue, Grants Pass, Oregon, It begins at 9:30 a.m., ends at 4:30 p.m.; the open public comments begin at 11 a.m. and ends at 11:30 a.m. Written comments may be submitted prior to the meeting and delivered to Designated Federal Official, Scott Conroy at the Rogue River-Siskiyou National Forest, 3040 Biddle Road, Medford, Oregon 97504.

The Federal Crop Insurance Corporation (FCIC) finalizes the Common Crop Insurance Regulations; Cabbage Crop Insurance Provisions to convert the cabbage pilot crop insurance program to a permanent insurance program for the 2010 and succeeding crop years.

The Federal Crop Insurance Corporation (FCIC) is amending the General Administrative Regulation, Appeal Procedure. This final rule incorporates a requirement mandated by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) that allows producers to use both mediation and the informal administrative appeal process in their appeals of decisions by FCIC and making minor non-substantive changes for clarity.

The USDA, Forest Service is resuming preparation of the Uwharrie National Forest (UNF) 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) was implemented on April 21, 2008 allowing the planning process to be resumed. This notice resumes the plan revision process under the new planning rule. Under the 2005 Rule the planning process had proceeded to the point of generating a Proposed Plan for public comment. A 90-day comment period for the Proposed Plan was initiated on February 15, 2007 but was not completed due to enjoinment of the 2005 Planning Rule on March 30, 2007. This notice serves to initiate a new 90-day public comment period on the Proposed Plan. This notice provides: 1. Information on how to view and/or obtain copies of the Proposed Plan and the Comprehensive Evaluation Report. 2. Information on how the public can comment on the Proposed Plan, when those comments are due and, how comments can be submitted. 3. Who to contact for more information.

The USDA, Forest Service, will prepare an Environmental Impact Statement (EIS) on a proposed action to designate an Off Highway Vehicle (OHV) trail system on the Crescent Ranger District of the Deschutes National Forest. In addition, the proposal would close roads, rehabilitate unneeded trails, and develop staging areas within the 77,000-acre project area. The proposed trail system would be located on National Forest lands between Crescent Lake Junction and the boundary of the Winema National Forest, west of Crescent, Oregon. The legal location is Townships 23-26 south and Ranges 6-9 east, Willamette Meridian. The analysis area contains three distinct areas with a focused trail system that will eventually be interconnected: Two Rivers, Walker Mountain, and Crescent Lake Junction. 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.

This rule decreases the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2009 and subsequent fiscal periods from $0.02 to $0.01 per 18-pound lug of grapes handled. The Committee locally administers the marketing order which regulates the handling of grapes grown in a designated area of southeastern California. Assessments upon desert grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Danisco A/S of Copenhagen, Denmark, an exclusive license to U.S. Patent No. 6,989,370, ``Bacteriocins and Novel Bacterial Strains'', issued on January 24, 2006; U.S. Patent No. 7,132,102, ``Bacteriocins and Novel Bacterial Strains'', issued on November 7, 2006; U.S. Patent No. 7,321,024, ``Bacteriocins and Novel Bacterial Strains'', issued on January 22, 2008; U.S. Patent No. 7,354,904, ``Bacteriocin Inducer Peptides'', issued on April 8, 2008; U.S. Patent No. 7,452,544, ``Bacteriocins and Novel Bacterial Strains'', issued on November 18, 2008; U.S. Patent Application Serial No. 11/099,456, ``Novel Enterococcus and Streptococcus Strains and Bacteriocins'', filed on April 5, 2005; U.S. Patent Application Serial No. 11/782,223, ``Bacteriocin Inducer Peptides'', filed on July 24, 2007; and U.S. Patent Application Serial No. 11/859,166, ``Bacteriocins and Novel Bacterial Strains'', filed on September 9, 2007.

The Klamath National Forest will prepare an environmental impact statement (EIS) to document and publicly disclose the environmental effects of implementing commercial thinning and prescribed burn treatments in the Two Bit project area to provide forest products, restore forest health, and reduce fuel hazard on Klamath National Forest System lands. The project area is north and west of Happy Camp, California. Thinning and understory prescribed burning is proposed on approximately 10,800 acres.

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 a new information collection concerning the use of focus groups to obtain information from consumers on various food safety issues to support Agency decision-making and policy formulation.

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

This rule changes the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders (orders). The orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule updates the variety-specific size requirements to reflect changes in commercially significant varieties. This will enable handlers to continue to ship fresh nectarines and peaches in a manner that meets consumer needs, increases returns to producers and handlers, and reflects current industry practices.

The Fremont and Winema Resource Advisory Committee will meet in Klamath Falls, Oregon, for the purpose of evaluating and recommending resource management projects for funding in FY 2009, under the provisions of Title II of the Secure Rural Schools and Community Self-Determination Act of 2008 (Pub. L. 110-343).

The Lake County Resource Advisory Committee (RAC) will hold a meeting.

The Ravalli County Resource Advisory Committee will be having the routine monthly meeting along with the public forum. The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 110-343) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343). The meeting is open to the public.

Pending public comments and feedback received through the BLMResource Advisory Council (BLM RAC) review and recommendation process, the following National Forests in the Northern Region propose to begin charging new fees at the following recreation sites: The Clearwater National Forest will begin charging new fees for two overnight group camping sites at Aquarius Campground ($15/night). The Idaho Panhandle National Forest will begin charging new fees for overnight camping at Conrad Crossing Campground ($8/night) with an extra vehicle fee of $2/night; Fly Flat Campground ($8/night) with an extra vehicle fee of $2/night; Spruce Tree Campground ($8/night) with an extra vehicle fee of $2/night; Line Creek Stock Camp Campground ($8/ night) with an extra vehicle fee of $2/night; and Big Creek Campground ($8/night) with an extra vehicle fee of $2/night. The Lewis and Clark National Forest will begin charging new fees for overnight camping at Indian Hill Campground ($5/night); Hay Canyon Campground ($5/night); andVandeReit Memorial Pilots Campground ($10/night). The Lolo National Forest will begin charging new fees for overnight camping at Fishtrap Campground ($10/night). Rentals of other cabins and lookouts throughout the Northern Region have shown that the public appreciates and enjoys the availability of historic rental cabins and lookouts as well as campgrounds and group camping sites. Funds from the campgrounds will be used for the continued operation and maintenance of recreation sites.

This notice is to inform the public of a Memorandum of Understanding (MOU) between the Forest Service, U.S. Department of Agriculture, and the U.S. Fish and Wildlife Service, signed December 8, 2008, to promote the conservation of migratory birds. Pursuant to Executive Order (E.O.) 13186 (January 17, 2001), ``Responsibilities of Federal Agencies to Protect Migratory Birds,'' this MOU outlines a collaborative approach to promote the conservation of migratory bird populations. It does not authorize the ``take'' of migratory birds. Take, as defined in 50 CFR 10.12 regarding all wildlife and plants, means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect. This MOU identifies specific activities where cooperation between the Parties will contribute substantially to the conservation of migratory birds and their habitats. The complete text of the MOU is available at https://www.fs.fed.us/ biology/resources/pubs/mou_moa.html.

This document seeks public comment on a proposal to delay for 104 days 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 programs Community Facility; Water and Waste Disposal; Business and Industry; and Rural Energy for America Program, formerly known as Renewable Energy Systems and Energy Efficiency Improvement Projects. The Department seeks comments on whether or not it should delay the effective date of the interim rule until June 1, 2009, in order to provide the Agency sufficient time to implement certain administrative aspects associated with the interim rule. For that reason, the Department is seeking comments on the merits of extending the effective date of the interim rule to June 1, 2009. In order to allow sufficient time for public comment on the Agency's proposal to further extend the effective date until June 1, 2009, this document extends the current effective date from February 17, 2009, to March 9, 2009, pursuant to the ``good cause'' clause under the Administrative Procedures Act (5 U.S.C. 553(b)(3)(B)).

Pursuant to authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and Public Law 110-343, enacted on October 3, 2008, reauthorizing and amending the Secure Rural Schools and Community Self Determination Act of 2000 (Public Law 106-393), the Black Hills National Forest Custer County Resource Advisory Committee will meet on Wednesday, February 25, 2009 in Custer, South Dakota. The meeting is open to the public.

The Fresno County Resource Advisory Committee will be meeting in Prather, California on February 24th and Clovis, California on March 11th. The purpose of these meetings will be to discuss the amended and reauthorized Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343) for expenditure of Payments to States Fresno County Title II funds and to begin accepting project applications.

The Wenatchee-Okanogan Resource Advisory Committee will meet on Thursday, February 26, and Wednesday, March 4 at the Okanogan- Wenatchee National Forest Headquarters Office, 215 Melody Lane, Wenatchee, WA, and on March 18 at the Rural County Fire District 1 Sunnyslope Fire Station, 206 Easy Street, Wenatchee, WA. These meetings will begin at 9 a.m. and continue until 3 p.m. On February 26, committee members will review Okanogan County projects, on March 4, committee members will review Chelan County projects, and on March 18, committee members will review Kittitas County and Yakima County projects proposed for Resource Advisory Committee consideration under Title II of the Secure Rural Schools and Community Self- Determination Act of 2000. All Wenatchee-Okanogan Resource Advisory Committee meetings are open to the public. Interested citizens are welcome to attend.

The Commodity Credit Corporation (CCC) published an interim rule on December 29, 2008 (73 FR 79267-79284), revising rules about payment limitation and payment eligibility for Farm Programs as required by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). The 2008 Farm Bill provided new eligibility requirements based on annual income, sources of income, and type of entity. The Commodity Credit Corporation (CCC) is reopening and extending the comment period for the interim rule to give the public more time to provide input and recommendations on the interim rule. The original comment period closed on January 28, 2009, and CCC is reopening and extending it for 60 days from the date of this notice. While the interim rule became effective on December 23, 2008, CCC is extending the comments period by 60 days on the amendments to the regulations that will apply to 2009 and subsequent crop, program, or fiscal year benefits for programs subject to the provisions in our regulations.