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

The Oregon Coast Province Advisory Committee will meet at the Siuslaw National Forest Headquarters. The agenda includes: Economic Stimulus, Secure Rural Schools, BLM Update, Budget, Timber Sale Plan, Oregon Dunes Designated Routes, Rural Job Creation, 30-mile OHV Loop, Expansion of Oregon Dunes and Salmon River Estuary.

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on April 12, 2010 at the U.S. Forest Service Office, 35 College Drive, South Lake Tahoe, CA 96150. 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.

This action delays indefinitely the referendum to determine whether producers of raspberries for processing and importers of processed raspberries approve the issuance of the proposed Processed Raspberry Promotion, Research, and Information Order. The referendum was scheduled to be held March 22 through April 2, 2010. The Washington Red Raspberry Commission has asked for a delay in the referendum as it considers further modifications to its proposal.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the U.S. Department of Agriculture, National Appeals Division's to request an extension for and revision to a currently approved information collection for Customer Service Survey.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's intention to request an extension for a currently approved information collection in support of the program for Rural Housing Loans.

This rule proposes to add two importer members and their alternates to the U.S. Highbush Blueberry Council (Council) to reflect changes in the quantity of highbush blueberry imports in the past three years. The change was proposed by the Council in accordance with the provisions of the Blueberry Promotion, Research, and Information Order (Order) which is authorized by the Commodity Promotion, Research, and Information Act of 1996 (Act). The Order requires that the Council review the geographical distribution of the United States production and the quantity of imports of highbush blueberries at least every five years. As a result of these changes, the total Council membership would increase from 14 to 16 members and their alternates. In addition, this rule proposes to increase the quorum minimum from seven to nine members.

In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS) is announcing a forthcoming meeting of the National Organic Standards Board (NOSB).

Across the country, childhood obesity has reached epidemic rates. On February 9, 2010, President Obama signed a Presidential Memo establishing a Task Force on Childhood Obesity that directs Federal agencies to create a comprehensive interagency national action plan to solve the challenge of childhood obesity within a generation. The Presidential Memo directs the Task Force to focus on four pillars: Ensuring access to healthy, affordable food; increasing physical activity in schools and communities; providing healthier food in schools; and empowering parents with information and tools to make good choices for themselves and their families. This notice announces a request for public comments to assist the Task Force in making recommendations on public and private sector actions that can be taken to solve the problem.

We are advising the public that the Animal and Plant Health Inspection Service is making available, for public review and comment, a draft response to two petitions we received requesting the reclassification of light brown apple moth [Epiphyas postvittana (Walker)] as a non-quarantine pest. Following the review period, APHIS will consider the comments prior to the release of a final petition response.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board.

The Commodity Credit Corporation (CCC) and the Natural Resources Conservation Service (NRCS) announce the availability of up to $44,158,381 of technical and financial assistance funding in fiscal year (FY) 2010 through the Chesapeake Bay Watershed Initiative for agricultural producers in the Chesapeake Bay watershed in the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia. The Chesapeake Bay Watershed Initiative funds are available to help producers implement natural resources conservation practices on agricultural lands.

RBS is announcing a new application window to submit applications for the Repowering Assistance Program under criteria established in the prior NOFA, which was published in this publication on June 12, 2009 (74 FR 28009). All payments will be made based upon the terms and conditions provided in the prior NOFA, which authorized $20 million for Fiscal Year (FY) 2009. This notice announces the availability of the remaining FY 2009 funds that were not requested under the previous NOFA.

RBS is announcing a new application window to submit application for the Biorefinery Assistance Program under criteria established in the prior NOFA, which was published in this publication on November 20, 2008 (73 FR 70544). All loan guarantees will be made based upon the terms and conditions illustrated in the prior NOFA, which made available $75 million in budget authority. Not all of this budget authority has been awarded by the Agency. Therefore, the Agency is requesting additional applications in order to award the remaining Fiscal Year 2009 budget authority. There will only be one application window under this notice.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension for a currently approved information collection in support of the program for the Annual Survey of Farmer Cooperatives, as authorized in the Cooperative Marketing Act of 1926.

The Department of Agriculture (USDA) is proposing to amend the regulations under the Perishable Agricultural Commodities Act (PACA or Act) to increase license fees. Current annual license fees of $550 would increase to $995. Fees for branch locations would increase from $200 for branch locations in excess of nine to $600 for each branch location. The maximum amount a licensee would pay per year would increase from $4,000 to $8,000. Additionally, the regulations would be amended to remove the provisions to phase out license fees by retailers and grocery wholesalers and the provisions to phase in triennial license renewal for retailers and grocery wholesalers as these processes have already occurred. We also propose to eliminate the multi-year license renewal option for commission merchants, brokers, and dealers.

Notice is hereby given that the U.S. Department of Agriculture (USDA) will be holding a public meeting of the Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products (Consultative Group) on March 29, 2010. The sole purpose of the meeting is to solicit input from the public regarding the Consultative Group's statutory mandate to develop recommendations relating to a standard set of practices for independent, third-party monitoring and verification for the production, processing, and distribution of agricultural products or commodities to reduce the likelihood that agricultural products or commodities imported into the United States are produced with the use of forced labor or child labor. The notice sets forth the process for requesting to appear at the meeting, and for submitting written statements. On June 18, 2008, the President signed into law the Food, Conservation, and Energy Act of 2008 (the Act), also known as the 2008 Farm Bill. The Act provides for the creation of the Consultative Group.

In September 2004, the Forest Service issued a Record of Decision (ROD) for the Mt. Ashland Ski Area (MASA) expansion, selecting Alternative 2 with some modifications adopted from Alternative 6. The Forest Service received twenty-eight notices of appeal to the ROD. In December 2004, the Forest Service denied all administrative appeals to the ROD. In January 2005, Oregon Natural Resources Council (ONRC) filed suit against the Forest Service and Regional Forester Linda Goodman seeking declaratory and injunctive relief on the grounds that the MASA expansion project violated both the NEPA and the NFMA. On February 9, 2007, after considering cross motions for summary judgment, a United States District Court entered summary judgment against ONRC. ONRC filed a timely notice of appeal to the Ninth Circuit Court of Appeals. Upon review, the Court of Appeals remanded the case to the district court and instructed it to promptly enjoin the MASA expansion project contemplated in the 2004 ROD until the Forest Service corrected the NFMA and NEPA violations found in Opinion CV-05-03004-PA.

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 several times between October 2009 and February 2010. As a result of these changes, 5,710 acres have been removed from the quarantined area.

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. 110-343), the Salmon-Challis National Forest's Central Idaho Resource Advisory Committee will conduct a business meeting which is open to the public.

As directed by the National Forest Management Act, the US Forest Service is preparing the revised land management plans for the Kootenai and Idaho Panhandle National Forests and will also prepare one Environmental Impact Statement (EIS) for the revised plans unless, during the revision process, the need for two separate EISs is found to be warranted. The Kootenai and Idaho Panhandle National Forests comprise the Kootenai and Idaho Panhandle Planning Zone (KIPZ). This notice briefly describes where the Forests are in this revision process and information concerning public participation. It also provides

We are adopting as a final rule, with changes, an interim rule that amended the foreign quarantine and user fee regulations by removing the exemptions from inspection for imported fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada. The interim rule was necessary in part because we were not recovering the costs of the inspection activities we were engaged in at the U.S./Canada border. In addition, our data showed an increasing number of interceptions on the U.S./Canada border of prohibited material that originated in Canada and countries other than Canada that presents a high risk of introducing plant pests or animal diseases into the United States. These findings, combined with additional Canadian airport preclearance data on interceptions of ineligible agricultural products approaching the U.S. border from Canada, strongly indicated that we needed to expand and strengthen our pest exclusion and smuggling interdiction efforts at that border. As a result of the interim rule, all agricultural products imported from Canada are subject to inspection, and all commercial conveyances, with certain exceptions established by this final rule, as well as airline passengers arriving on flights from Canada, are subject to user fees.

The Santa Rosa Ranger District of the Humboldt-Toiyabe National Forest will prepare a Supplemental Environmental Impact Statement (SEIS) on a proposal to authorize continued livestock grazing on National Forest System (NFS) lands within the boundaries administered by the Santa Rosa Ranger District. The Project Area is located in Humboldt County, Nevada.