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

This Notice announces the annual adjustments to the ``national average payments,'' the amount of money the Federal Government provides States for lunches, afterschool snacks and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the ``maximum reimbursement rates,'' the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution which participates in the Special Milk Program for Children. The payments and rates are prescribed on an annual basis each July. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products.

The Humboldt-Toiyabe National Forest is proposing to charge a $10.00 fee at Bob Scott Campground. Fees are assessed based on the level of amenities and services provided, cost of operations and maintenance, market assessment and public comment. The fee is proposed and will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation, maintenance and improvements of this campground.

A minor relocation (approximately 2,000 feet) will occur on the Pacific Crest National Scenic Trail (PCNST) in 2009. The trail will be re-routed from its current location within the White Pass Ski Area south to the Wilderness boundary on the edge of the expansion area with the purpose of maintaining a quality, uninterrupted backcountry experience for PCNST users and to minimize their views of ski area structures and facilities. All activities were analyzed in the White Pass Expansion Master Development Plan Proposal Final Environmental Impact Statement and documented in the June 2007 Record of Decision. Relocation will begin in July 2009 and is expected to be completed by fall 2009. Trail relocation will be done in conjunction with the Pacific Crest Trail Association.

The Hell Canyon Ranger District of the Black Hills National Forest (BHNF) is preparing an Environmental Impact Statement (EIS) for a proposal to implement multiple resource management actions within the Norbeck Wildlife Preserve (Norbeck) project area as directed by the Norbeck Organic Act and the Black Hills National Forest Land and Resource Management Plan. Since the original NOl was published, the proposed action has been modified to no longer include prescribed burning within the Black Elk Wilderness, and two additional action alternatives have been developed. The No Action alternative, which is also being considered, would not authorize habitat improvements of any type within the project area. This revised Notice of Intent is being issued to provide updated information on this project, including the proposal, timing, and contact information.

This rule proposes a new U.S. honey producer funded research and promotion program under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The proposed U.S. Honey Producer Research, Promotion and Consumer Information Order (Proposed U.S. Producer Order) was submitted to the Department of Agriculture (Department) by the American Honey Producers Association (AHPA). The Department proposes that an initial referendum be conducted to ascertain whether the persons to be covered by and assessed under the Proposed U.S. Producer Order favor the Order prior to it going into effect. The Proposed U.S. Producer Order would provide that producers pay an assessment to the U.S. Honey Producer Board (Proposed Board) at the rate of $0.02 cents per pound of U.S. honey produced and shall only be imposed on U.S. producers. A producer who produces less than 100,000 pounds of U.S. honey per year would be eligible for a certificate of exemption.

In accordance with the Paperwork Reduction Act of 1995, FSA is requesting comments from all interested individuals and organizations on a currently approved information collection to support the FSA Farm Loan Programs (FLP).

The Natural Resources Conservation Service (NRCS or the Agency) publishes this interim final rule to request comments on additional categorical exclusions, which are actions that the agency has determined do not individually or cumulatively have a significant effect on the human environment and, thus, should not require preparing an environmental assessment (EA) or environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). NRCS' categorical exclusion actions promote restoration and conservation activities related to natural or human induced damage, or alteration of floodplain easements and watershed areas. For projects being funded under the American Recovery and Reinvestment Act of 2009 (ARRA), the interim final rule will assist NRCS in meeting mandates set forth in ARRA and NEPA for undertaking actions in the most expeditious manner and in compliance with NEPA.

We are advising the public that we have made changes to the area in the State of Idaho that is quarantined to prevent the spread of pale cyst nematode. The description of the quarantined area was updated on April 8, 2009, when approximately 3,488 acres were removed from the quarantined area, and on May 8, 2009, when an additional 3,333 acres were removed from the quarantined area.

We are amending the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Montana from Class A to Class Free. We have determined that Montana meets the standards for Class Free status. This action relieves certain restrictions on the interstate movement of cattle from Montana.

RUS and NTIA announce general policy and application procedures for broadband initiatives established pursuant to the American Recovery and Reinvestment Act of 2009 (Recovery Act). RUS is establishing the Broadband Initiatives Program (BIP) which may extend loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas. NTIA is establishing the Broadband Technology Opportunities Program (BTOP) which makes available grants for deploying broadband infrastructure in unserved and underserved areas in the United States, enhancing broadband capacity at public computer centers, and promoting sustainable broadband adoption projects. In facilitating the expansion of broadband communications services and infrastructure, both programs will advance the objectives of the Recovery Act to spur job creation and stimulate long-term economic growth and opportunity.

The Helena National Forest's Missouri River (formerly called the Lewis & Clark County Resource Advisory Committee) Resource Advisory Committee (RAC) will meet on Wednesday, July 29, 2009, from 6 p.m. until 8 p.m., in Helena, Montana. The purpose of the meeting is to conduct welcomes and introductions, discuss the status of the RAC charter and committee membership vacancies, review and discuss project proposals, make project approval and funding decisions, set a next meeting date and receive public comment on the meeting subjects and proceedings.

We are amending the user fee regulations by adjusting the fees charged for export certification of plants and plant products. We are increasing these user fees for fiscal years 2010 through 2012 to reflect the anticipated costs associated with providing these services during each year. We are also adding a new user fee for Federal export certificates for plants and plant products that an exporter obtains from a State or county cooperator in order to recover our costs associated with that service. Finally, we are making several nonsubstantive changes to the regulations for clarity. These changes will enable us to properly recover the costs of providing export certification services for plants and plant products.

This interim final rule would establish a new regulation

The Rural Utilities Service, an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, hereinafter referred to as RUS, is amending its regulation to require electric program borrowers establish and maintain a written standard policy relating to the Interconnection of Distributed Resources (IDR). The intended effect is that owners of distributed resources know what they have to do to connect their facilities to the electric power systems of borrower electric cooperatives.

This is an affirmation by the Department of a final rule, without change, of an interim rule that amended the regulations for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by implementing most of the nondiscretionary provisions of the

The Forest Service proposes to: (1) Develop a project-level and site-specific implementation strategy to manage black-tailed prairie dogs (Cynomys ludovicianus) using the full suite of management tools to maintain viable populations to support blackfooted ferret reintroduction and populations of other associated species while reducing unwanted colonization of adjoining lands along national grassland boundaries and (2) to amend the Thunder Basin National Grassland Land and Resource Management Plan (LRMP) as needed to support the site-specific implementation plan and to modify the boundary of the black-footed ferret reintroduction area. The ferret area modification is proposed to provide a more logical boundary, based on topographical and biological barriers for prairie dog colonies, and to include lands recently acquired through land exchange.

The Food Safety and Inspection Service (FSIS) is amending the Federal meat inspection regulations to correct an inadvertent error in the recordkeeping provisions.

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 Big Slough Watershed Supplement No.1, Clay County, Arkansas.

The Natural Resources Conservation Service (NRCS) published in the Federal Register of January 16, 2009, an interim final rule with request for comment amending the program regulations for the Farm and Ranch Lands Protection Program (FRPP) to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The public comment period closed March 17, 2009.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Vegetable Surveys Program. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. Some of the vegetable production surveys will incorporate sampling of the total population of producers, while the processing surveys will involve a total enumeration of the entire population. Minor changes are being made to some of the questionnaires to accommodate changes in the industry and to make the questionnaires easier for the respondent to complete. This should help to reduce respondent burden and improve the overall response rates.

We are amending the regulations pertaining to the importation of horses to establish standards for the approval of permanent, privately owned quarantine facilities for horses. We are taking this action because regional and seasonal demand for quarantine services for horses often exceeds the space available at existing facilities. Allowing imported horses to be quarantined in permanent, privately owned quarantine facilities that meet the criteria established in this rule will facilitate the importation of horses while continuing to protect against the introduction of communicable diseases of horses.

The Rural Utilities Service (RUS) is hereby granting a limited waiver of the Buy American requirements of ARRA Section 1605 with respect to certain broadband equipment that will be used in projects funded under the Broadband Initiatives Program (BIP). This action permits the use of certain essential components of a modern broadband infrastructure as specified in section III of this notice.