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

This document contains correcting amendments to the final regulations that were published December 18, 2008 (73 FR 76868-76891). These regulations pertain to Administrative Remedies for Non-Compliance and provide clarification of existing remedies.

The Department of Agriculture, Forest Service is preparing an Environmental Impact Statement (EIS) to establish management direction for the land and resources within the Giant Sequoia National Monument (GSNM) created by Presidential Proclamation on April 15, 2000. The Forest Service, as the responsible agency, proposes to amend the 1988 Sequoia National Forest Land and Resource Management Plan (1988 Forest Plan) to provide for the protection of the objects of interest identified in the Proclamation.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on a new information collection associated with the Ride- Along Program application, a program which allows any private citizen to apply to ride along with Forest Service law enforcement officers.

This rule relaxes the handling requirements prescribed under the California table grape marketing order (order) and the table grape import regulation. The order regulates the handling of table grapes grown in a designated area of southeastern California and is administered locally by the California Desert Grape Administrative Committee (committee). The import regulation is authorized under section 8e of the Agricultural Marketing Agreement Act of 1937 and regulates the importation of table grapes into the United States. This rule relaxes the one-quarter pound minimum bunch size requirement for the 2009 season for grapes packed in containers holding 2 pounds net weight or less. Under the relaxation, up to 20 percent of the weight of such containers may consist of single, unattached stems or clusters of at least five berries each. This action provides California desert grape handlers and importers the flexibility to respond to a marketing opportunity on a test basis for one season to meet consumer needs.

The South Gifford Pinchot National Forest Resource Advisory Committee will meet on Monday, April 20, 2009, at the Columbia Gorge Riverside Lodge 200 SW Cascade Avenue, Stevenson, Washington. The meeting will begin at 9 a.m. and continue until 4 p.m. The purpose of the meeting is to: Elect a chairperson and vice-chair, propose an indirect project percentage, receive an overview of Title II accomplishments, and make recommendations on approximately 60 proposals for Title II funding of projects under the Secure Rural Schools and County Self-Determination Act of 2000. All South Gifford Pinchot National Forest Resource Advisory Committee meetings are open to the public. Interested citizens are encouraged to attend. The ``open forum'' provides opportunity for the public to bring issues, concerns, and discussion topics to the Advisory Committee. The ``open forum'' is scheduled to occur at 9:10 a.m. on April 20. Interested speakers will need to register prior to the open forum period. The committee welcomes the public's written comments on committee business at any time.

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 shelled garden peas from Kenya.

The Agricultural Marketing Service (AMS) announces funding of approximately $5 million in competitive grant funds for fiscal year (FY) 2009 to increase domestic consumption of agricultural commodities by expanding direct producer-to-consumer market opportunities. Examples of direct producer-to-consumer market opportunities include new farmers' markets, roadside stands, community supported agriculture programs, agri-tourism activities, and other direct producer-to- consumer infrastructures. AMS hereby requests proposals from eligible entities from the following categories: (1) An agricultural cooperative or a producer network or association, (2) local governments, (3) nonprofit corporations, (4) public benefit corporations, (5) economic development corporations, (6) regional farmers' market authorities, and (7) Tribal governments. The maximum award per grant is $100,000. No matching funds are required. AMS strongly recommends that each applicant visit the AMS Web site at https://www.ams.usda.gov/FMPP to review a copy of the FMPP Guidelines and application package preparation information to assist in preparing the proposal narrative and application. In accordance with the Paperwork Reduction Act of 1995, the information collection requirements have been previously approved by the Office of Budget and Management (OMB) under 0581-0235.

The Organic Foods Production Act (OFPA) of 1990, as amended, requires the establishment of a National Organic Standards Board (NOSB). The NOSB is a 15-member board that is responsible for developing and recommending to the Secretary a proposed National List of Allowed and Prohibited Substances. The NOSB also advises the Secretary on all other aspects of the National Organic Program. The U.S. Department of Agriculture (USDA) is requesting nominations to fill five (5) upcoming vacancies on the NOSB. The positions to be filled are: organic producer (2 positions), retailer (1 position), organic handler (1 position), and an environmentalist (1 position). The Secretary of Agriculture will appoint a person to each position to serve a 5-year term of office that will commence on January 24, 2010, and run until January 24, 2015. USDA encourages eligible minorities, women, and persons with disabilities to apply for membership on the NOSB.

The Trinity County Resource Advisory Committee (RAC) will meet at the Trinity County Office of Education in Weaverville, California, April 6, 2009, beginning at 6:30 p.m. The purpose of this meeting is to discuss proposed projects of the Secure Rural Schools and Community Self-Determination Act of 2000.

The Lake Tahoe Basin Federal Advisory Committee (LTFAC) will hold a meeting on March 23, 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.

The Rural Business-Cooperative Service (RBS), an Agency within the Rural Development mission area, announces the availability of grants of up to $50,000 per application from the Rural Business Opportunity Grant (RBOG) program for fiscal year (FY) 2009, to be competitively awarded. For multi-state projects, grant funds of up to $150,000 will be available on a competitive basis. These limits do not apply to specific funding for certain specifically designated rural areas as discussed below. This notice is being issued prior to passage of a final appropriations bill, which may or may not provide funding for this program, to allow applicants sufficient time to apply for and obtain leverage financing, submit applications, and give the Agency time to process applications within the current fiscal year. The Agency will publish a subsequent notice identifying the amount received in the appropriations, if any. Expenses incurred in developing applications will be at the applicant's risk.

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 tomatoes from certain Central American countries.

The USDA Forest Service will prepare an environmental impact statement (EIS) to disclose environmental effects on a proposed action to improve forest health and reduce the fire hazard within the Vinegar Creek and Little Boulder/Deerhorn Creek subwatersheds. The Galena Project planning area, located approximately 2 miles west of Bates, Oregon, encompasses approximately 38,200 acres of National Forest System Lands administered by the Blue Mountain Ranger District, Malheur National Forest.

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 the Housing Preservation Grant Program.

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 Rural Housing Site Loans Policies, Procedures and Authorizations.

In order to allow interested parties additional time to review and provide comments about issues of law and policy raised in this proposed rulemaking, the Forest Service is reopening the comment period for 30 days for the advance notice of proposed rulemaking for the ``Management of National Forest System Surface Resources with Privately Held Mineral Estates''. The rule would revise the regulations to provide clarity and direction on the management of National Forest System surface resources when the mineral estate is privately held. The Forest Service invites written comments on this advance notice. The original notice called for comments to be submitted by February 27, 2009.

The Commodity Credit Corporation (CCC) published in the Federal Register of November 20, 2008, an interim final rule with request for comment amending the program regulations for the Agricultural Management Assistance (AMA) Program to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect and is inconsistent with payment attributions specified in the regulation which governs payment limitations and eligibility determinations for CCC-funded programs. This document corrects that language.

The Natural Resources Conservation Service published in the Federal Register of January 16, 2009, an interim final rule with request for comment amending the program regulations for the Wildlife Habitat Incentive Program (WHIP) to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect and is inconsistent with payment attributions specified in the regulation which governs payment limitations and eligibility determinations for CCC-funded programs. This document corrects that language. NRCS is also using the opportunity presented by this rulemaking to extend the comment period by an additional 30 days and ask for public input on key programmatic implementation questions.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Innovative Foods, Inc. of South San Francisco, California, an exclusive license to U.S. Patent Application Serial No. 10/917,797, ``Novel Infrared Dry Blanching (IDB), Infrared Blanching, and Infrared Drying Technologies for Food Processing'', filed on August 13, 2004.

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 (OMB), for a new information collection for CFR Part 62Quality Systems Verification Program (QSVP). AMS established 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 will become effective once this information collection is approved by OMB. 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). After approval, AMS will submit a request to merge this information collection into the currently approved OMB Number 0581-0124, 7 CFR Part 54 Meats, Prepared Meats and Meat Products (Grading, Certification & Standards) and 7 CFR Part 62 Quality Systems Verification Program (QSVP).

The USDA, Forest Service, Eldorado National Forest will prepare an environmental impact statement (EIS) for a proposal to treat approximately 6,200 acres of National Forest System land for fuels reduction and forest health objectives. The project area is situated on the Georgetown Ranger District approximately 15 air-miles northeast of Georgetown, CA in the vicinity of Nevada Point Ridge, Devils Peak and Bear Springs. The intent of this project is to reduce potential fire hazard within the project area, to provide for increased resilience when a wildfire occurs within the project area, to provide for improved forest health, and to increase the rate of development of old forest characteristics. The Proposed Action consists of commercial and precommercial tree thinning with follow-up tractor piling or mastication; mastication of select, existing plantations with a follow- up treatment of herbicides to reduce brush competition and fuel buildup; the planting of conifers in expanded canopy gaps with a follow-up treatment of herbicide; and prescribed burning. Silvicultural treatments for each stand were chosen for their ability to meet the stated purpose and need. The focus of each treatment is based on the desired quality of each treatment area after management rather than the quantity or quality of the products removed from each area. In fact, some treatments would not remove forest products. Approximately 15 miles of native surface road reconstruction and 1 mile of new road construction are proposed in order to facilitate the treatment activities. The land allocations within the treatment areas, as identified in the Sierra Nevada Forest Plan Amendment Final Supplemental EIS (SNFPA FSEIS), are general forest, spotted owl home range core areas, old-forest, and riparian conservation areas adjacent to perennial, seasonal, and ephemeral streams. The purpose of the project is: (1) To change existing forest surface, ladder and crown fuel profiles in order to reduce potential wildfire intensity and behavior to mitigate the consequences of large, potentially damaging wildfires on selected forested areas; (2) to improve stand vigor and resistance to disease and insect mortality; (3) maintain and/or establish a composition of tree species and size classes that are closer to the historic levels for the area, and correspondingly sustainable into the future; and (4) to treat hazard fuels in a cost-effective manner to maximize program effectiveness.

Section 2707 of the Food, Conservation, and Energy Act of 2008 (2008 Act) establishes the Cooperative Conservation Partnership Initiative (CCPI) by amending Section 1243 of the Food Security Act of 1985 [16 U.S.C. 3843]. The Secretary of Agriculture has delegated the authority for CCPI 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 United States Department of Agriculture (USDA). Congress established CCPI to assist potential partners with focusing conservation assistance in defined project areas to achieve high-priority natural resource objectives. In fiscal year (FY) 2009, NRCS will make Environmental Quality Incentives Program (EQIP) and Wildlife Habitat Incentive Program (WHIP) funds available to owners and operators of agricultural and nonindustrial private forest lands who will participate in CCPI projects. The purpose of this notice is to inform potential partners and producers that include nonindustrial private forest landowners of the availability of CCPI funds and other assistance and to solicit proposals from potential partners who seek to enter into partnership agreements with NRCS to enhance conservation outcomes on agricultural and nonindustrial private forest land. Additionally, NRCS requests public comment on how CCPI can contribute to the Nation's efforts on energy, climate change, and carbon sequestration within the framework of the Initiative.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to the control of yellow starthistle, Centaurea solstitialis (Asteraceae). The environmental assessment considers the effects of, and alternatives to, the release of a weevil, Ceratapion basicorne, into the environment for use as a biological control agent to reduce the severity of yellow starthistle infestations in the continental United States. We are making the environmental assessment available to the public for review and comment.