Department of Agriculture 2009 – Federal Register Recent Federal Regulation Documents
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Proposed Amendment of Rogue River, Umpqua and Winema National Forest (NF) Land and Resource Management Plans for the Pacific Connector Gas Pipeline
The USDA Forest Service is proposing to amend the Land and Resource Management Plans (LRMP) of the Rogue River (administered as the Rogue River-Siskiyou NF), Umpqua, and Winema (administered as the Fremont-Winema NF) National Forests to make provision for the proposed Pacific Connector Gas Pipeline (PCGP). The Federal Energy Regulatory Commission (FERC) is the lead agency for the environmental analysis of the construction and operation of the proposed natural gas pipeline (FERC Docket No. CP07-441-000). The FERC has prepared an environmental impact statement (EIS) that discusses the environmental impacts that could result from the construction and operation of the PCGP. FERC issued the FEIS for the PCGP on May 1, 2009.
Pale Cyst Nematode; Update of Quarantined Areas
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.
PL83-566 Watershed Protection and Flood Prevention Act Pocasset River Watershed, Providence County, RI
Pursuant to Section 102(2) (C) of the National Environmental Policy Act of 1969; the Council of Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650): The Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is being prepared for Pocasset River Watershed, Providence County, Rhode Island.
Brucellosis in Cattle; State and Area Classifications; Montana
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.
Proposed Fee
The Okanogan-Wenatchee National Forest, Naches Ranger District, proposes to charge new fees at four recreation sites. A $5.00 per vehicle per night charge at Ponderosa Camp, Lost Meadow, Longmire Meadow and Long Meadow camp areas in the Little Naches drainage is under consideration. The fee would not apply to any towed vehicle(s). Fees are assessed based on the level of amenities and services provided, cost of operation and maintenance, market assessment, and public comment. Revenue generated would be used for operation and maintenance of existing facilities at the sites, increased services, and potential future improvements. The fees listed are only proposed and will be determined upon further analysis and public comment.
Broadband Initiatives Program
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.
Rules of Practice for Certain Adjudicatory Proceedings; Possession, Use, and Transfer of Select Agents and Toxins
We are amending the administrative regulations of the Office of the Secretary of Agriculture to provide that the rules of practice contained in those regulations shall be applicable to adjudicatory proceedings under the Animal and Plant Health Inspection Service's regulations pertaining to the possession, use, and transfer of select agents and toxins. This final rule is necessary to clarify the rules of practice that will apply to the adjudication of a violation of regulations pertaining to the regulation of select agents and toxins.
Missouri River Resource Advisory Committee Meeting
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.
Veterinary Medicine Loan Repayment Program (VMLRP)
This interim final rule establishes the process and procedures for designating veterinarian shortage situations, specifically for the Veterinary Medicine Loan Repayment Program (VMLRP) authorized by the National Veterinary Medical Service Act (NVMSA) and administered by the Cooperative State Research, Education, and Extension Service (CSREES) of the U.S. Department of Agriculture. CSREES will designate geographic and practice areas that have a shortage of food supply veterinarians in order to carry out the VMLRP goals of strengthening the nation's animal health infrastructure and supplementing the Federal response during animal health emergencies. CSREES will carry out NVMSA by entering into educational loan repayment agreements with veterinarians who agree to provide veterinary services in veterinarian shortage situations for a determined period of time. CSREES is establishing Subpart A for the designation of the veterinarian shortage situations and Subpart B for the administration of the VMLRP.
User Fees; Export Certification for Plants and Plant Products
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.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2009 Amendments)
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations by increasing the value assigned to imported cotton for calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. An amendment is required to adjust the assessments collected on imported cotton and the cotton content of imported products to be the same as those paid on domestically produced cotton. In addition, AMS is adding and changing Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment.
Country of Origin Labeling of Packed Honey
This interim final rule would establish a new regulation
Rogue/Umpqua Resource Advisory Committee (RAC)
The Rogue/Umpqua Resource Advisory Committee (RAC) will meet on Wednesday and Thursday, July 22 and 23, in Roseburg, Oregon, at the Umpqua National Forest Headquarters, 2900 NW. Stewart Parkway. On July 22, the meeting will begin at 9 a.m. and conclude at 4:30 p.m. On July 23, the meeting will begin at 8 a.m. and conclude at 4:15 p.m. Agenda items on July 22 include (1) update on fiscal year 2009 Title II projects at 9:15 a.m., (2) 30-minute public forum at 10 a.m., (3) review and vote on proposed projects for Lane County at 10:45 a.m., and (4) review and vote on proposed projects for Jackson County at 1:45 p.m. The agenda for July 23 includes (1) 30-minute public forum at 8:10 a.m., (2) review and vote on Douglas County projects at 8:40 a.m., (3) review and vote on Klamath County projects at 2:15 p.m., and (4) discussion of monitoring Title II projects at 3:45 p.m. Written public comments may be submitted prior to the meeting by sending them to
Interconnection of Distributed Resources
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.
National Advisory Council on Maternal, Infant and Fetal Nutrition; Notice of Meeting
Pursuant to the Federal Advisory Committee Act, this notice announces a meeting of the National Advisory Council on Maternal, Infant and Fetal Nutrition.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Implementation of Nondiscretionary WIC Certification and General Administrative Provisions
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
Notice of Sanders County Resource Advisory Committee Meeting
Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Lolo and Kootenai National Forests' Sanders County Resource Advisory Committee will meet on July 16 at 7 p.m. in Thompson Falls, Montana for a business meeting. The meeting is open to the public.
Medicine Bow-Routt National Forests and Thunder Basin National Grassland; Wyoming; Thunder Basin National Grassland Land and Resource Management Plan Amendment for Prairie Dog Management
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.
Common Crop Insurance Regulations; Grape Crop Insurance Provisions and Table Grape Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) finalizes amendments to the Common Crop Insurance Regulations, Grape Crop Insurance Provisions and Table Grape Crop Insurance Provisions. The intended effect of this action is to provide policy changes and clarify existing policy provisions to better meet the needs of insured producers, and to reduce vulnerability to fraud, waste, or abuse.
Recordkeeping Regulations; Correcting Amendment
The Food Safety and Inspection Service (FSIS) is amending the Federal meat inspection regulations to correct an inadvertent error in the recordkeeping provisions.
Notice of Request for a New Information Collection (Industry Responses to Noncompliance Records)
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 responses by official establishments and plants to noncompliance records.
Supplemental Watershed Plan No. 1 and Environmental Assessment for Big Slough Watershed, Clay County, AR
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.
Notice of Intent To Seek Approval To Collect Information
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995), this notice announces the National Agricultural Library's intent to request renewal of an approved electronic mailing list subscription form from those whose who work in the nutrition and food safety fields.
Farm and Ranch Lands Protection Program
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.
Notice of Request for Extension of a Currently Approved Information Collection (Application for Return of Exported Product)
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 an extension of an information collection concerning the application for return of exported product.
Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection
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.
Livestock Indemnity Program and General Provisions for Supplemental Agricultural Disaster Assistance Programs
This rule implements the general eligibility provisions for all the supplemental agricultural disaster assistance programs authorized by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) and the specific requirements for the Livestock Indemnity Program (LIP). LIP provides disaster assistance for livestock losses. LIP applies only to livestock owners and contract growers that had losses due to livestock deaths in excess of normal mortality due to adverse weather during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold. Eligible LIP losses must have occurred on or after January 1, 2008, and before October 1, 2011. This rule specifies how the LIP payments are calculated and when producers may apply for benefits. This rule also removes some outdated rules from the Code of Federal Regulations (CFR).
Standards for Permanent, Privately Owned Horse Quarantine Facilities
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.
Announcement of Value-Added Producer Grant Application Deadlines
Rural Development is withdrawing the May 6, 2009, Federal Register notice (74 FR 20900), announcing the availability of approximately $18 million in competitive grants for fiscal year 2009 to help independent agricultural producers enter into value-added activities.
Notice of Limited Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) for the Broadband Initiatives Program
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.
Lake Tahoe Basin Federal Advisory Committee
The Lake Tahoe Basin Federal Advisory Committee will hold a meeting tentatively on July 15, 2009 at the Sierra Nevada College, 999 Tahoe Boulevard, Incline Village, NV 89451. 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.
Citrus Canker; Movement of Fruit From Quarantined Areas
We are proposing to amend the citrus canker regulations to modify the conditions under which fruit may be moved interstate from a quarantined area. Under this proposed rule, we would eliminate the requirement that each lot of finished fruit be inspected at the packinghouse and found to be free of visible symptoms of citrus canker, and we would remove the current prohibition on the movement of fruit from a quarantined area to commercial citrus-producing States. We would continue to require fruit moved interstate from a quarantined area to be treated with an approved disinfectant and to be packed in a commercial packinghouse that operates under a compliance agreement. These proposed changes would relieve some restrictions on the interstate movement of fresh citrus fruit from quarantined areas while maintaining conditions that would prevent the artificial spread of citrus canker.
Tri-County Advisory Committee Meeting
Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self- Determination Act of 2000 (Pub. L. 106-393) the Beaverhead-Deerlodge National Forest's Tri-County Resource Advisory Committee will meet on Thursday, July 16, 2009, from 5 p.m. until 9 p.m., in Deer Lodge, Montana. The purpose of the meeting is to review funding proposals for Title II funding.
Movement of Hass Avocados From Areas Where Mexican Fruit Fly or Sapote Fruit Fly Exist
We are amending the regulations to relieve certain restrictions regarding the movement of Hass variety avocados. Specifically, we are amending our domestic quarantine regulations to provide for the interstate movement, with a certificate, of Hass avocados from areas in the United States quarantined for Mexican fruit fly or sapote fruit fly, provided that the fruit is safeguarded after harvest in accordance with specific measures. We are also amending our foreign quarantine regulations to remove trapping and bait spray treatment requirements related to Anastrepha spp. fruit flies for imported Hass avocados from Michoacan, Mexico. These actions are warranted in light of research demonstrating the limited host status of Hass avocados to various species of fruit flies in the genus Anastrepha, including Mexican fruit fly and sapote fruit fly. By amending both our domestic and foreign quarantine regulations, we are making them consistent with each other and relieving restrictions for Mexican Hass avocado producers. In addition, this action provides an alternative means for Hass avocados to be moved interstate if the avocados originate from a Mexican fruit fly or sapote fruit fly quarantined area in the United States.
Notice of Proposed New Fee Sites; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
The Umpqua National Forest is proposing to charge fees at six recreation sites that currently do not charge fees: Ash Flat Forest Camp and Three C Rock campgrounds and the South Umpqua Day Use Area on the Tiller Ranger District; Rujada Group Picnic Site and East Brice Creek/Champion Creek Trailhead on the Cottage Grove Ranger District; and Thielsen View Boat Launch on the Diamond Lake Ranger District. These sites currently meet, or can easily meet, the criteria of an Expanded or Standard Amenity fee. These sites have recently been reconstructed, have added or are scheduled to add amenities to improve services and experiences. Fees are assessed based on the level of amenities and services provided, cost of operation and maintenance, market assessment, and public comment. The fees listed are only proposed and will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance of these recreation sites.
Deschutes Provincial Advisory Committee (DPAC)
The Deschutes Provincial Advisory Committee will meet on July 9, 2009, to discuss the future of sustainable recreation on the Deschutes National Forest. The meeting will start at 8:30 a.m. at the Forest Supervisor's Office, 1001 SW. Emkay Drive, Bend, Oregon in the Upper Deschutes Conference Room. Members will be updated on the winter Recreation Sustainability Analysis. An Open Public Forum is scheduled from 9:40-10 a.m. Then, members will go to the field at 10 a.m. to key recreation sites on the forest to discuss future desired recreation opportunities in preparation for the upcoming Forest Plan Revision. The trip is scheduled to end at 4 p.m. All Deschutes Province Advisory Committee Meetings are open to the public.
Glenn/Colusa County Resource Advisory Committee
The Glenn/Colusa County Resource Advisory Committee (RAC) will meet in Willows, California. Agenda items covered include: (1) Introductions, (2) Approve Minutes, (3) Public Comment, (4) Project Presentations for FY08 and FY09, (5) Project Voting by RAC Members, (6) General Discussion, (7) Next Agenda.
Availability of an Environmental Assessment and Finding of No Significant Impact for a Biological Control Agent for Russian Knapweed
We are advising the public that an environmental assessment and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to the release of a gall midge, Jaapiella ivannikovi, into the continental United States for use as a biological control agent to reduce the severity of Russian knapweed infestations. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.
Conservation Reserve Program
The Commodity Credit Corporation (CCC) amends the Conservation Reserve Program (CRP) regulations to update the terms and conditions of enrolling acreage in CRP and other eligibility requirements to implement certain provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). The purpose of CRP is to cost-effectively assist producers in conserving and improving soil, water, wildlife, and other natural resources by converting environmentally-sensitive acreage from the production of agricultural commodities to a long-term vegetative cover.
Notice of Funds Availability (NOFA) Inviting Applications for the Rural Community Development Initiative (RCDI) for Fiscal Year 2009
This Notice announces the availability of $6,256,000 of competitive grant funds for the RCDI program through the Rural Housing Service (RHS), an agency within the USDA Rural Development mission area herein referred to as the Agency. Applicants must provide matching funds in an amount at least equal to the Federal grant. These grants will be made to qualified intermediary organizations that will provide financial and technical assistance to recipients to develop their capacity and ability to undertake projects related to housing, community facilities, or community and economic development. This Notice lists the information needed to submit an application for these funds.
Tehama County Resource Advisory Committee
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, (3) Public Comment, (4) Chairman's Perspective, (5) Reconsider Yolla Bolly Project, (6) Update from Lassen NF Cattle Project, (7) Selection of New Vise Chair, (8) Next Agenda.
Oglethorpe Power Corporation, Inc.: Notice of Intent To Hold Public Scoping Meetings and Prepare an Environmental Impact Statement
The Rural Utilities Service (RUS) intends to hold public scoping meetings and prepare an Environmental Impact Statement (EIS) to meet its responsibilities under the National Environmental Policy Act (NEPA) and 7 CFR Part 1794 in connection with potential impacts related to projects proposed by Oglethorpe Power Corporation (Oglethorpe) of Tucker, Georgia. The proposal consists of the construction of a 100-MW biomass power plant in Warren County near Warrenton, Georgia. Oglethorpe is requesting RUS to provide financial assistance for the proposed action.
Notice of meeting
The Siskiyou Resource Advisory Committee will meet on Friday, July 31, 2009 to recommend Title II projects for fiscal year 2010 under the reauthorized Secure Rural Schools and Community Self Determination Act, Public Law 110-343. The meeting will be held at Smith River Rancheria (Howonquet Hall Community Center), 101 Indian Court, Smith River, CA 95567. It begins at 9:30 a.m., ends at 4:30 p.m.; the open public comments begin at 11 a.m. and end at 11:30 a.m. Written comments may be submitted prior to the meeting and delivered to Designated Federal Official, Scott Conroy, Rogue River-Siskiyou National Forest, 3040 Biddle Road, Medford, OR 97504.
Notice of Funding Availability (NOFA) for Loan Guarantees Under Section 538 Guaranteed Rural Rental Housing Program (GRRHP) for Fiscal Year 2009
This NOFA supersedes the notice published January 21, 2009 (74 FR 3551-3558). Responses to the notice published January 21, 2009 (74 FR 3551-3558) will no longer be accepted.
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