Department of Agriculture 2009 – Federal Register Recent Federal Regulation Documents

This is the Secretary's decision concerning amendments to the Cotton Research and Promotion Order (Cotton Order) and provides Upland cotton producers and importers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments would implement section 14202 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) that amended the Cotton Research and Promotion Act (Cotton Act.) The 2008 Farm Bill provided that Kansas, Virginia, and Florida be separate states in the definition of ``cotton-producing state'' effective beginning with the 2008 crop of cotton. It has been determined that amendments need to be expedited and therefore a recommended decision is omitted.

This rule amends provisions of the Mushroom Promotion, Research, and Consumer Information Order (Order) to reapportion membership of the Mushroom Council (Council) to reflect shifts in United States mushroom production as well as to add language to the powers and duties section of the Order allowing the Council the power to develop and propose good agricultural and handling practices and related activities for mushrooms. Section 10104 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill) amended sections 1925(b)(2) and (c) of the Mushroom Promotion, Research, and Consumer Information Act of 1990 (Act). Specifically, section 10104 changed the Act's requirements for geographic regions used to appoint producer members of the Council from four to three, and adjusted the pounds required by each region for Council membership, which reallocated Council member representation in two of the three producer geographic regions (Regions 1 and 2). Section 10104 also added language to the powers and duties section of the Act that authorizes the Council to develop and propose good agricultural practices and related activities for mushrooms. A referendum was held among eligible mushroom producers and importers and they voted in favor of the amendments. Therefore, this rule amends changes to the Order based on the amendments to the Act.

This notice invites all States of the United States of America, its territories, the District of Columbia, and the Commonwealth of Puerto Rico, (collectively hereinafter called States) to submit an Application for Federal Assistance (Standard Form 424), and to enter into a cooperative agreement with the Agricultural Marketing Service (AMS) for the allocation of National Organic Certification Cost-Share Funds. The AMS has allocated $22.0 million for this organic certification cost-share program commencing in Fiscal Year 2008, and these funds will be annually allocated to States through cooperative agreements until exhausted. Funds are available under this program to States interested in providing cost-share assistance to organic producers and handlers certified under the National Organic Program (NOP). States interested in obtaining cost-share funds must submit an Application for Federal Assistance and enter into a cooperative agreement with AMS for allocation of funds.

The Department of Agriculture (USDA) is adopting as a final rule, without change, an interim final rule that revised the outgoing quality control regulations issued under the California almond marketing order (order). The interim final rule revised the term ``validation'' under the Salmonella bacteria (Salmonella) treatment program by specifying that validation data must be both submitted to and accepted by the Almond Board of California's (Board) Technical Expert Review Panel (TERP) for all treatment equipment prior to its use under this program. The interim final rule was necessary to ensure that all treatment equipment meets a 4-log reduction of Salmonella in almonds.

The Forest Service, U.S. Department of Agriculture, State and Private Forestry, Technology Marketing Unit, located at the Forest Products Laboratory, requests proposals for projects that increase the use of woody biomass that is removed during hazardous fuels treatment projects on both public and private forestlands. The Hazardous Fuels Woody Biomass Utilization (WBU) Grant Program is intended to improve the effectiveness of forest restoration activities by creating and expanding markets for small-diameter material, low-value trees, and woody biomass removed during hazardous fuel reduction and forest health activities. These funds are intended to assist communities, entrepreneurs, and others turn low-value woody biomass materials from forest restoration activities into marketable forest products and/or energy products.

The Alpine County Resource Advisory Committee (RAC) will hold its fourth meeting.

The Office of the Secretary of the U.S. Department of Agriculture is providing notice of the establishment of the Fiscal Year (FY 2010) in-quota aggregate quantity of the raw, as well as, refined and specialty sugar Tariff-Rate Quotas (TRQ) as required under the U.S. World Trade Organization (WTO) commitments. The FY 2010 raw cane sugar TRQ is established at 1,117,195 metric tons raw value (MTRV) that may be entered under subheading 1701.11.10 of the U.S. Harmonized Tariff Schedule (HTS) during FY 2010 (October 1, 2009-September 30, 2010). In addition in-quota aggregate quantity of the refined and specialty sugar TRQ is established at 90,039 MTRV for certain sugars, syrups, and molasses (collectively referred to as refined sugar) that may be entered under subheadings 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10, and 2106.90.44 of the HTS during FY 2010.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with no revision of a currently approved information collection, OMB 0596-0105, Land Exchanges.

We are amending the regulations concerning overtime services provided by employees of the Agency's Plant Protection and Quarantine (PPQ) program by adding or amending commuted traveltime allowances for travel between certain locations in the District of Columbia, Florida, Illinois, and Minnesota. Commuted traveltime allowances are the periods of time required for PPQ employees to travel from their dispatch points and return there from the places where they perform Sunday, holiday, or other overtime duty. The Government charges a fee for certain overtime services provided by PPQ employees and, under certain circumstances, the fee may include the cost of commuted traveltime. This action is necessary to inform the public of commuted traveltime for these locations.

This notice pertains to user fees charged for import- and export-related services that we provide for animals, animal products, birds, germ plasm, organisms, and vectors and for certain veterinary diagnostic services. The purpose of this notice is to remind the public of the user fees for fiscal year 2010 (October 1, 2009, through September 30, 2010).

This proposed rule would establish procedures which the USDA will use in conducting a referendum to determine whether egg producers favor increasing the assessment they pay to the American Egg Board (AEB) from a rate of 10 cents per 30-dozen case of commercial eggs to 15 cents per case. An amendment to increase the assessment rate in the Egg Research and Promotion Order will be implemented if it is approved by two-thirds of the egg producers voting in the referendum or by a majority of producers voting if they produced two-thirds of the eggs produced by all voters. These procedures would also be used for subsequent referenda. A proposed rule to increase the assessment rate is published separately in this issue of the Federal Register. AEB, which administers the Order, recommended this action to sustain and expand its national promotion, research, and consumer information program.

The Rural Utilities Service (RUS) hereby gives notice of a nationwide exception to the Buy American requirements of Section 1605 of the American Recovery and Reinvestment Act of 2009 (``ARRA'') under the authority of Section 1605(b)(1) (public interest waiver) for de minimis incidental components of eligible water infrastructure projects using assistance provided under ARRA. This action permits the use of non-domestic iron, steel and manufactured goods when they occur in de minimis incidental components that may otherwise be prohibited under Section 1605(a). As used in this Notice, ``de minimis incidental components'' means those components otherwise prohibited under Section 1605(a) that cumulatively comprise no more than a total of 5 percent of the total cost of the materials used in a project funded in whole or in part with ARRA assistance.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that decreased the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (Committees) for the 2009-10 and subsequent fiscal periods. The Nectarine Administrative Committee (NAC) program decreased its assessment rate from $0.06 to $0.0175 per 25- pound container or container equivalent of nectarines handled. The Peach Commodity Committee (PCC) program decreased its assessment rate from $0.06 to $0.0025 per 25-pound container or container equivalent of peaches handled. The Committees locally administer the marketing orders for nectarines and peaches grown in California (order). The interim final rule was necessary to align the Committees' expected revenue with decreases in its proposed budget for the 2009-10 fiscal period, which began March 1, 2009.

The Fresno County Resource Advisory Committee will be meeting in Prather, California on October 2l and Clovis, California on November 18th. The purpose of these meetings will be to accept project proposals for the next funding cycle as authorized under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343) for expenditure of Payments to States Fresno County Title II funds.

This document corrects a typographical error published in an interim final rule concerning maximum monthly allowances of supplemental foods for infants in food (packages I, II, and III) published in the Federal Register on December 6, 2007. A table contained a typographical error; this document corrects that error. All other information remains unchanged.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection for Performance Standards and Reporting for the Supplemental Nutrition Assistance Program (SNAP) Modernization Initiatives.

With the decline of forestland density reduction treatments, overcrowded conditions have increased, forestland diversity has declined, California's wildfires have gotten larger, firefighting costs have skyrocketed, and resource and property damage have increased. In 2008, the Butte Lightning Complex burned about 6,190 acres within the 8,170 acre Concow Project Area.

We are adopting as a final rule, without change, an interim rule that amended the bovine tuberculosis regulations by establishing two separate zones with different tuberculosis risk classifications for the State of New Mexico. Prior to the interim rule, the entire State of New Mexico had been classified as modified accredited advanced; however, all its affected herds were located in Curry and Roosevelt Counties, NM, along the State's eastern border. The interim rule was necessary to relieve restrictions on the interstate movement of cattle and bison from areas of New Mexico outside those two counties.

We are advising the public of our determination regarding the highly pathogenic avian influenza (HPAI) subtype H5N1 status of Suffolk and Norfolk Counties, England, following outbreaks in 2007. Based on an evaluation of the animal health status of Suffolk and Norfolk Counties, England, which we made available to the public for review and comment through a previous notice, the Administrator has determined that the importation of live birds, poultry carcasses, parts or products of poultry carcasses, and eggs (other than hatching eggs) of poultry, game birds, and other birds from Suffolk and Norfolk Counties, England, presents a low risk of introducing HPAI H5N1 into the United States.

Pursuant to the National Environmental Policy Act of 1969, as amended, and regulatory requirements, the San Juan National Forest, Columbine Ranger District will extend the public comment period on the Hermosa/Mitchell Lakes Land Exchange Draft Environmental Impact Statement for an additional 30 days beyond the original comment 45 day comment period.

We are amending the emerald ash borer regulations by adding areas in Maryland, Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and Wisconsin to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Maryland, Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and Wisconsin into noninfested areas of the United States.

We are amending the pine shoot beetle regulations by adding the entire State of Ohio and counties in Maine and Indiana to the list of quarantined areas. We are taking this action following the detection of pine shoot beetle in those areas. This action is necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.

This notice announces that the Foreign Agricultural Service (FAS), on behalf of the Commodity Credit Corporation (CCC), is issuing a set of guidelines for the administration and implementation of Local and Regional Food Aid Procurement Pilot Project (PPP) authorized under the Food, Conservation, and Energy Act of 2008. FAS will provide CCC funds in the form of grants to qualified organizations during FY 2009 through FY 2011 for the implementation of field-based projects under the PPP to meet the food needs of targeted vulnerable groups. The ``Interim Guidelines for the Local and Regional Food Aid Procurement Project'' can be found at https://www.fas.usda.gov/food-aid.asp. The Interim Guidelines are intended to guide the application and implementation of field projects in developing countries that involve the local and regional procurement of food aid. Field projects will be funded primarily to expedite the provision of food aid to vulnerable populations affected by food crises and disasters. A secondary purpose will be to provide development assistance that will enhance the food consumption security of such populations. The Interim Guidelines inform prospective participants about the qualification criteria and application process, as well as procedures and requirements for project implementation, monitoring and reporting. This notice formally requests public review of and comments on the Interim Guidelines.