Department of Agriculture February 2010 – Federal Register Recent Federal Regulation Documents

We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with the importation of fresh male summer squash flowers from Israel into the continental United States. Based on that analysis, we have concluded that the application of one or more designated phytosanitary measures will be sufficient to mitigate the pest risk. We are making the pest risk analysis available to the public for review and comment.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service (RUS) invites comments on this information collection for which RUS intends to request approval from the Office of Management and Budget (OMB).

The Lake Tahoe Basin Federal Advisory Committee (LTFAC) will hold a meeting on February 23, 2010 at Sierra Nevada College, 999 Tahoe Boulevard, Incline Village, Nevada 89451-9500.

The Commodity Credit Corporation (CCC) proposes regulations to implement the new Biomass Crop Assistance Program (BCAP) authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). BCAP is intended to assist agricultural and forest land owners and operators with the establishment and production of eligible crops including woody biomass in selected project areas for conversion to bioenergy, and the collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility. This rule specifies the requirements for eligible participants, biomass conversion facilities, and biomass crops and materials. It also provides notice of final termination of the existing Notice of Funds Availability.

This rule proposes the establishment of an industry-funded promotion, research, and information program for processed raspberries. The proposed program, Processed Raspberry Promotion, Research, and Information Order (Proposed Order), was submitted to the Department of Agriculture (Department) by the Washington Red Raspberry Commission (WRRC). Under the Proposed Order, producers of raspberries for processing and importers of processed raspberries would pay an assessment of up to one cent per pound, with the initial assessment rate being one cent per pound, which would be paid to the proposed National Processed Raspberry Council (Council). Producers and importers of less than 20,000 pounds annually of raspberries for processing and processed raspberries, respectively, would be exempt from the assessment. The proposed program would be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The Department is conducting an initial referendum to ascertain whether the persons to be covered by and assessed under the Proposed Order favor the implementation of the program prior to it going into effect. In addition, USDA is announcing that the referendum will be conducted among eligible producers of raspberries for processing and importers of processed raspberries to determine whether they favor the implementation of the Proposed Order. The Proposed Order would be implemented if it is approved by a majority of producers and importers voting in the referendum. A separate final rule on referendum procedures is being published in this issue of the Federal Register.

This final rule amends the regulations for the Commodity Supplemental Food Program (CSFP) by removing the priority given to women, infants, and children before the elderly in program participation, in accordance with the amendment made by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). As a result of this amendment, local agencies are no longer required to prioritize benefit issuance based on population group. All CSFP applicants may be treated equally when caseload slots become available, provided all eligibility requirements are met.

This rule invites comments on revisions to the nomination and balloting procedures for independent growers on the Cranberry Marketing Committee (Committee). The order regulates the handling of cranberries produced in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York, and is administered locally by the Committee. This rule would revise the nomination and balloting procedures for independent growers to allow them to participate in the election process for either a member or alternate member on the Committee. The current procedures do not provide for an election process for each position separately.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval, from the Office of Management and Budget, for an extension of and revision to the currently approved information collection, Federal-State Marketing Improvement Program (FSMIP).

The USDA Forest Service will prepare an environmental impact statement (EIS) to disclose environmental effects on proposed resource management actions in Cobbler II project planning area. This project would improve the health, vigor, and resilience to fire, insects, and disease in upland forest stands that are outside their historical pre- fire conditions for species composition, structural diversity, stocking densities, and fuel loads. The project planning area is approximately 34,000 acres in size. Proposed project activities consist of commercial timber harvest, including treatment of activity and natural fuels within harvest units, temporary road construction (that will be decommissioned after project use), new road construction, danger tree removal along haul routes, non-commercial thinning, hardwood restoration, meadow restoration, and landscape prescribed burning.

The Natural Resources Conservation Service (NRCS) has prepared an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) consistent with the National Environmental Policy Act (NEPA) of 1969, as amended, to construct the Delta-Clearwater Remediation Project, authorized under the Watershed Protection, Watershed Surveys, and Flood Prevention Act of 1954 (Pub. L. 83-566, 83d Cong., 68 Stat. 666), as amended. Upon review and analysis of potential environmental impacts, the State Conservationist (Alaska) found that the project would not result in a significant impact on the quality of the human environment. Therefore, a FONSI was issued and no environmental impact statement is required.

The Soda Springs Ranger District of the Caribou-Targhee National Forest is proposing to take reservations for group camping and group day use picnicking at the Trail Canyon Group Site on the Soda Springs Ranger District. They are proposing to charge a $40 fee per day for group camping and group day use picnicking (up to a maximum of 100 people). 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. To date, an analysis of the facility shows that the proposed fees are reasonable and typical of similar sites in the area. Use at other similar facilities on the Caribou-Targhee National Forest has shown that publics appreciate and enjoy the availability of developed recreation campground and picnicking facilities. This facility will remain free of charge during the winter season as a warming shelter. Funds from the use of these developed facilities will be used for the continued operation and maintenance of the Trail Canyon Group Site.

The Big Piney Ranger District is proposing to implement vegetation management in the Piney Creek drainages throughout the next five-seven years. The need for vegetation management in this area has previously been identified and studied in the Bridger-Teton Forest Plan implemented in 1990, in public meetings held on the revision of the Forest Plan in 2008 and comprehensive evaluation reports for aspen, lodge pole pine, Douglas fir, spruce fir and white bark pine. The analysis area is approximately 20,000 acres within this watershed and includes the creeks of South, Middle and North on the Big Piney Ranger District of the Bridger-Teton National Forest. The area also includes Middle and North Piney Lakes, Wyoming Peak the Middle Piney Summer homes, Sacajawea and Middle Piney Lake campgrounds. Management opportunities, practices, standards and guidelines, and mitigation have been developed to help achieve desired resource conditions. These are the basis for this proposal and for further site specific analysis of effects. It is approximately 25 miles west of Big Piney, Wyoming in the Green River drainage, on the east slope of the Wyoming range. All lands within the analysis area are National Forest System lands within Sublette County, Wyoming. The legal description includes portions of T28N through T31N and R112W through R114W.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection; Disposal of Mineral Materials.

The United States Department of Agriculture (USDA) grants a project waiver of the Buy American Requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the Plymouth Village Water & Sewer District, New Hampshire (``District'') for the purchase of a foreign manufactured rotary sludge dewatering press. This is a project specific waiver and only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient that wishes to use the same product must apply for a separate waiver based on project specific circumstances. The District's proposed wastewater treatment facility improvements will include a replacement of the existing belt filter press for sludge generated at the plant. Based upon information submitted by the District and its consultants, it was determined that a rotary press sludge dewatering unit, manufactured by Fournier Industries of Quebec, Canada, will meet the District's design and performance specifications. The Secretary is making this determination based on the review and recommendations of the Rural Development Buy American Coordinator. The District through its design engineer has provided sufficient documentation to support its request. The Undersecretary for Rural Development concurred on this decision to waive Section 1605 of ARRA. This action permits the purchase of a 6 channel rotary press sludge dewatering unit, manufactured by Fournier Industries, by the District, as specified in its October 7, 2009 waiver request, as part of the improvements to the wastewater treatment facility.

Responding to President Obama's initiative for an open, transparent government, the Rural Housing Service, hereinafter referred to as the Agency, intends to hold public forums to solicit feedback from the public on whether the current method of delivering the self- help program is the most efficient and cost effective in terms of cost and program delivery.

The U.S. Department of Agriculture (USDA) will hold a public meeting on February 24, 2010, for interested stakeholders to discuss the issue of complex assembly products that contain biobased materials and components. Complex assembly products are made of distinct materials and components where some or all of the components contain biobased materials. One example of a complex assembly product is an office chair where the seat cushion, fabric, seat base and plastic molding are produced using biobased materials.

We are advising the public that we have received a request from the government of the Republic of Chile to recognize additional areas as pest-free areas for Mediterranean fruit fly (Ceratitis capitata) in the Republic of Chile. After reviewing the documentation submitted in support of this request, the Administrator of the Animal and Plant Health Inspection Service has determined that these areas meet the criteria in our regulations for recognition as pest-free areas. We are making that determination, as well as an evaluation document we have prepared in connection with this action, available for review and comment.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to California Seed & Plant Lab, Inc. of Elverta, California, an exclusive license to U.S. Patent No. 6,410,223, ``Direct Polymerase Chain Reaction Assay, or Bio-PCR'', issued on June 25, 2002.