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

Notice is hereby given that the Rural Utilities Service (RUS) has made a Finding of No Significant Impact (FONSI) with respect to a request from Fitzgerald Renewable Energy, LLC (FRE) for assistance to finance the construction, operation, and maintenance of a new 55- megawatt (MW) gas-fired combustion biomass fueled power plant in Ben Hill County, Georgia near Fitzgerald, Georgia.

The U.S. Department of Agriculture (USDA) is proposing to establish a voluntary labeling program for biobased products under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008. Under the proposed labeling program, a biobased product, after being certified by USDA, could be marketed using the ``USDA Certified Biobased Product'' label. The presence of the label will mean that the product meets USDA standards for the amount of biobased content and that the manufacturer or vendor has provided relevant information on the product for the USDA BioPreferred Web site. The proposed rule applies to manufacturers and vendors who wish to participate in the voluntary labeling program. The proposed rule also applies to other entities (e.g., trade associations) that wish to use the label to promote biobased products.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that changed the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders (orders). The interim final rule updated the lists of commercially significant varieties subject to size regulations under the orders. The interim final rule was necessary to revise the regulations for the current marketing season, which began in April.

The Secretary of Agriculture intends to establish the Eastern Region Resource Advisory Committees (RACs) pursuant to the Emergency, Economic Stabilization Act of 2008, Energy Improvement and Extension Act of 2008, and Tax Extenders and Alternate Minimum Tax Relief Act of 2008 (Pub. L. 110-343) passed into law as an amendment to the Secure Rural School and Community Self-Determination Act of 2000 (Pub. L. No. 106-393) on October 3, 2008. The Eastern Region Resource Advisory Committees are being established to review forest projects (Title II) and to recommend the proposed projects they deem to have merit to the Secretary of Agriculture for approval.

This rule proposes to amend the Blueberry Promotion, Research, and Information Order (Order) to increase the assessment rate on producers and importers who produce or import more than 2,000 pounds of highbush blueberries annually from $12 per ton to $24 per ton. The increase provided under the Order is authorized by the Commodity Promotion, Research, and Information Act of 1996 (Act). The U.S. Highbush Blueberry Council (Council) which administers the Order recommended this action to expand their promotional activities and add an advertising component to bridge the potential gap between highbush blueberry demand and future supply. Furthermore, the Council recommended to use the additional revenue to strengthen existing consumer, food service, and food manufacturer publicity; to expand their health research; to develop an educational campaign on good management practices and food safety within the United States as well as internationally.

We are advising the public that the Animal and Plant Health Inspection Service has determined the regulatory review period for NAHVAX[supreg] Marek's Disease Vaccine and is publishing this notice of that determination as required by law. We have made this determination in response to the submission of an application to the Commissioner of Patents and Trademarks, Department of Commerce, for the extension of a patent that claims that veterinary biologic.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection for the Summer Food Service Program (SFSP). Pursuant to Section 13 of the Richard B. Russell National School Lunch Act (NSLA), the SFSP provides assistance to States to initiate and maintain nonprofit food service programs for needy children during the summer months and at other approved times. Subsection (m) of the statute directs States and service institutions participating in the SFSP to keep accounts and records necessary to enable the Secretary to determine whether there has been compliance with this section and the SFSP regulations. This information collection concerns the efforts required of States and service institutions to comply with the Secretary's requests for information. This proposed collection is a revision of the currently approved collection for the SFSP.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that decreased 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 for grapes grown in a designated area of southeastern California (order). The interim final rule was necessary to align the Committee's expected revenue with decreases in its proposed budget for the 2009 fiscal period, which began on January 1.

The Rural Development Business and Cooperative Programs are administered through USDA (``the Agency''). This Notice announces the availability of stimulus assistance provided pursuant to Title 1 of Division A of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5).

The Shasta-Trinity National Forest proposes to improve forest health and restore fire-adapted ecosystem characteristics on approximately 3,000 acres of National Forest System Lands in and adjacent to the Harris Mountain Late-Successional Reserve. Ground and ladder fuels would be reduced. In addition, forested stands would be thinned to yield a fire-resilient forest where periodic low-intensity surface fires can be safely reintroduced. Selective removal of trees is proposed to produce forested areas dominated by fire-resilient tree species with sustainable densities and to exhibit stand structure that provides habitat for late-seral dependent species. Reducing overcrowded conditions will enhance tree survival from insects, drought and disease, and natural disturbance. Trees to be removed would generally be smaller in size than trees retained; renewable by-products including commercial sawtimber and energy from biomass are expected. Dying and diseased mature lodgepole stands within the project area would be regenerated through the removal of most overstory trees. Aspen and oak hardwood trees species will be retained. Removal of conifers competing with existing aspen and oak hardwood trees will enhance the overall diversity of forest stands. Surface and ladder fuel loads will be reduced through removal of brush and small-diameter trees in the forest understory and by underburning. Proposed road reconstruction, closure and decommissioning will aid in restoration of drainage patterns and sediment regimes supporting aquatic systems. The project is located in Siskiyou County within portions of T41N, R1E, section 1; T42N R1E section 36; T42N R2E sections 17-21 and 28-36; and T41N R2E sections 1- 6 and 9 Mt. Diablo Meridian.

We are proposing to establish a new category of regulated articles in the regulations governing the importation of nursery stock, also known as plants for planting. This category would list taxa of plants for planting whose importation is not authorized pending pest risk analysis. If scientific evidence indicated that the taxon of plants for planting is a potential quarantine pest or a potential host of a quarantine pest, we would publish a notice that would announce our determination that the taxon is a potential quarantine pest or a potential host of a quarantine pest, cite the scientific evidence we considered in making this determination, and give the public an opportunity to comment on our determination. If we received no comments that changed our determination, the taxon would subsequently be added to the new category. We would allow any person to petition for a pest risk analysis to be conducted for a taxon that has been added to the new category. After the pest risk analysis was completed, we would remove the taxon from the category and allow its importation subject to general requirements, allow its importation subject to specific restrictions, or prohibit its importation. We would consider applications for permits to import small quantities of germplasm from taxa whose importation is not authorized pending pest risk analysis, for experimental or scientific purposes under controlled conditions. This new category would allow us to take prompt action on evidence that the importation of a taxon of plants for planting may pose a risk while continuing to allow for public participation in the process.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension of a currently approved information collection in support of the Intermediary Relending Program (IRP).

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App., the United States Department of Agriculture announces solicitation for nominations to fill 11 vacancies on the National Agricultural Research, Extension, Education and Economics Advisory Board.

On July 7, 2009, the Federal Crop Insurance Corporation (FCIC) published amendments to the Common Crop Insurance Regulations, Grape Crop Insurance Provisions and Table Grape Crop Insurance Provisions. Due to an editing error, a definition was constructed with incorrect paragraph designations. This document corrects that error.

This document corrects 36 CFR 242.3 and 50 CFR 100.3 of the subsistence management regulations for public lands in Alaska, subpart A, Makhnati Island Area, which were published in the Federal Register of August 24, 2006. That rule, which became effective September 25, 2006, inadvertently omitted 190 acres of the Makhnati Island Area in the regulatory text.

The Allegheny National Forest, Bradford Ranger District is issuing this notice to advise the public that the agency intends to withdraw their Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the proposed Willow Creek All-Terrain Vehicle (ATV) Trail Expansion Project (WCATEP).

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations (40 CFR Part 1500); and the Natural Resources Conservation Service Regulations (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the South River Watershed Structure No. 4, Madison County, Georgia.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Regulations (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Sandy Creek Watershed Structure No. 15, Jackson County, Georgia.

Pursuant to Section 102(2) (C) of the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations (40 CFR Part 1500); and the Natural Resources Conservation Service Regulations (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Little Sandy Trail Creek Watershed Structure No. 1, Madison County, Georgia.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This collection is an extension without change of a currently approved collection for Data Collection Related to Institutions and Organizations, and concerns whether and to what extent faith-based and community organizations are participating in Federal nutrition assistance programs.

This notice announces the annual adjustments to the national average payment rates for meals and snacks served in child care centers, outside-school-hours care centers, at-risk afterschool care centers, and adult day care centers; the food service payment rates for meals and snacks served in day care homes; and the administrative reimbursement rates for sponsoring organizations of day care homes, to reflect changes in the Consumer Price Index. Further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii. The adjustments contained in this notice are made on an annual basis each July, as required by the laws and regulations governing the Child and Adult Care Food Program.