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

This notice announces a fee of $150 to be charged for the 2010 tariff-rate quota (TRQ) year for each license issued to a person or firm by the U.S. Department of Agriculture (USDA) authorizing the importation of certain dairy articles, which are subject to tariff-rate quotas set forth in the Harmonized Tariff Schedule (HTS) of the United States.

In accordance with section 102 of the National Environmental Policy Act of 1969, the BLM and the USFS have jointly prepared a Draft Environmental Impact Statement (DEIS) to analyze the Dewey Conveyor Project, Custer County, South Dakota, and by this Notice are announcing the opening of the comment period.

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 rehabilitation of Floodwater Retarding Structure No. 6 of the Calaveras Creek Watershed, Bexar County, Texas.

The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to document and disclose the potential environmental effects of proposed invasive plant treatments. The Proposed Action is to apply a combination of herbicide, mechanical, manual, cultural and biological treatment methods to control invasive plants on approximately 15,246 acres on the Okanogan-Wenatchee National Forest in Washington. The proposed action includes treatment of invasive species on 216 acres within congressionally designated wilderness areas on the Forest. The Proposed Action would also establish criteria for responding to the spread of infestations into currently unoccupied areas.

The Eastern Arizona Counties Resource Advisory Committee will meet in Show Low, Arizona. The purpose of the meeting is to review organizational processes, operating guidelines, and legal requirements of Resource Advisory Committee members in accordance with Public Law 110-343 (the Secure Rural Schools and Community Self Determination Act).

In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection associated with the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA).

The Tehama County Resource Advisory Committee (RAC) will meet in Red Bluff, California. Agenda items to be covered include: (1) Introductions, (2) Approval of Minutes from May 21 & July 16, (3) Public Comment, (4) Chairman's Perspective, (5) Reconsider & Vote on Yolla Bolly Project, (6) FY09 RAC Proposal Presentations, (7) Next Agenda.

Deciding Officers in the Eastern Region will publish notice of decisions subject to administrative appeal under 36 CFR parts 215 and 217 in the legal notice section of the newspapers listed in the Supplementary Information section of this notice. As provided in 36 CFR part 215.5(a) and 36 CFR part 217.5(d), the public shall be advised through Federal Register notice, of the principal newspaper to be utilized for publishing legal notices of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested notice in writing and to those known to be interested in or affected by a specific decision. In addition, the Responsible Official in the Eastern Region will also publish notice of proposed actions under 36 CFR 215 in the newspapers that are listed in the Supplementary Information section of this notice. As provided in 36 CFR part 215(a), the public shall be advised, through Federal Register notice, of the principal newspapers to be utilized for publishing notices on proposed actions.

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 tuberculosis testing of imported cattle.

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 restricting the importation of products of poultry and birds into the United States in order to prevent the introduction of poultry disease.

This notice announces that the Farm Service Agency (FSA), on behalf of the Commodity Credit Corporation (CCC), has completed a Draft Programmatic Environmental Impact Statement (PEIS) for the administration and implementation of the Biomass Crop Assistance Program (BCAP) enacted by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). FSA is requesting comments on the draft PEIS.

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 determining eligibility for free and reduced price meals and free milk in schools. 7 CFR part 245 contains information on Federal requirements regarding the determination and verification of eligibility for free and reduced price meals. The provisions also apply to the determination of eligibility for free milk under the Special Milk Program, OMB Number 0584-0005 and are generally applicable to the Child and Adult Care Food Program, OMB Number 0584-0055 and the Summer Food Service Program, OMB Number 0584-0280 when individual children's eligibility must be established. The current approval for the information collection burden associated with 7 CFR part 245 expires on January 31, 2010. This proposed collection is a revision of the currently approved collection for determining eligibility for free and reduced price meals and free milk in schools and concerns the collection of eligibility information and verification proceedings.

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 the Virus-Serum-Toxin Act and regulations.

The Farm Service Agency (FSA) is proposing to amend the Farm Loan Programs (FLP) direct loan servicing regulations primarily to implement provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). FSA proposes four amendments to the rules. The first amendment would further emphasize transitioning borrowers to private sources of credit in the shortest timeframe practicable. The second amendment would amend the Homestead Protection lease regulations by extending the right to purchase the leased property to the lessee's immediate family when the lessee is a member of a socially disadvantaged group. The third amendment would amend the account liquidation regulations to suspend certain loan acceleration and foreclosure actions, including suspending interest accrual and offsets, if a borrower has filed a claim of program discrimination that has been accepted as valid by USDA and is at the point of acceleration or foreclosure. The fourth amendment would amend the supervised bank account regulations to be consistent with the recently amended Federal Deposit Insurance Act.

The Forest Service will prepare an environmental impact statement (EIS) on a proposal to implement restoration activities, fuel reduction treatments, and recreation enhancements within the Cedar and Thompson Creek drainages, Lolo National Forest, Superior Ranger District, Mineral County, Montana.

The Office of the Acting Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services, are sponsoring a public meeting on September 2, 2009. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the 30th Session of the Codex Committee on Fish and Fishery Products (CCFFP) of the Codex Alimentarius Commission (Codex), which will be held in Agadir, Morocco from September 28 to October 2, 2009. The Acting Under Secretary for Food Safety and the FDA recognize the importance of providing interested parties the opportunity to obtain

The Trinity County Resource Advisory Committee (RAC) will meet at the Trinity County schools office conference room on August 17, 2009 from 6:30 p.m. The purpose of this meeting is to discuss proposed projects under Title II of the Secure Rural Schools and Community Self- Determination Act of 2008.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to OSPREY BIOTECHNICS, INC. of SARASOTA, FLORIDA an exclusive license to U.S. Patent Application Serial No. 11/901,547, ``COMPOSITION OF ENTOMOPATHOGENIC FUNGUS AND METHOD OF PRODUCTION AND APPLICATION FOR INSECT CONTROL'', filed on September 13, 2007.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 3) and the office of Management and Budget (OMB) regulations at 5 CFR part 1320, this notice announces the Agricultural Research Service's (ARS) intent to seek reinstatement of the ARS Animal Health National Program Assessment Survey, which seeks input on the impact of the Animal Health National Research Program through the completion of an electronic evaluation form. This voluntary information collection will give the beneficiaries of ARS research the opportunity to provide input on the impact of the research conducted by ARS in the last national program cycle. This input will be used for planning the research agenda for the next 5-year program cycle.

This decision proposes amendments to Marketing Agreement and Order No. 983 (order), which regulates the handling of pistachios grown in California, and provides growers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments are based on proposals by the Administrative Committee for Pistachios (Committee), which is responsible for local administration of the order. These amendments would: Expand the production area covered under the order to include Arizona and New Mexico in addition to California; authorize the Committee to reimburse handlers for a portion of their inspection and certification costs in certain situations; authorize the Committee to recommend research projects; modify existing order authorities concerning aflatoxin and quality regulations; modify the authority for interhandler transfers of order obligations; redesignate several sections of the order; remove previously suspended order provisions, and make other related changes. The amendments are intended to improve the operation and functioning of the marketing order program.

The Rural Housing Service (RHS), Rural Business-Cooperative Service (RBS), and Rural Utilities Service (RUS) published a document in the Federal Register on July 23, 2009, at 74 FR 36448. The document contained an error related to the Catalog of Federal Domestic Assistance number.

This rule decreases the assessment rate established for the South Texas Onion Committee (Committee) for the 2009-10 and subsequent fiscal periods from $0.03 to $0.025 per 50-pound equivalent of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in South Texas. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

In a final rule that was published in the Federal Register on April 1, 2009 (74 FR 14710-14719, Docket No. APHIS-2007-0042), and effective on May 1, 2009, we amended the National Poultry Improvement Plan (the Plan) and its auxiliary provisions by providing new or modified sampling and testing procedures for Plan participants and participating flocks. In that final rule, we amended the U.S. Avian Influenza Clean program for multiplier meat-type chicken breeding flocks to require that 15 birds be tested to retain the classification, rather than 30. However, our amendatory instruction accomplishing this change also amended the program to require multiplier spent fowl to be tested within 15 days prior to movement to slaughter, rather than 30 days. We had intended to retain the 30-day requirement. This document corrects that error.