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

We are reopening the comment period for our proposed rule that would establish definitions for the terms ``common cultivar'' and ``common food crop.'' This action will allow interested persons additional time to prepare and submit comments.

The USDA Forest Service published a Notice of Intent in the Federal Register of October 5, 2010, requesting comments concerning a Notice of Intent to Prepare an Environmental Impact Statement for the Greens Creek Mine Tailings Expansion. The comment period is to be extended.

The Caribou-Targhee National Forest (Forest) published two notices of intent (May 2007 and May 2008) to prepare a supplemental environmental impact statement (EIS) to amend the 1997 Revised Forest Plan (1997 Plan) for the Targhee portion of the Forest (Targhee). The Forest has revised the proposed amendment and will prepare an EIS instead of a supplemental EIS to amend the 1997 Plan. The revised proposed amendment: (1) Provides direction to maintain the characteristics of old-growth forests where they exist and eliminate a ``quota'' for old-growth and late-seral forested vegetation by principal watershed or ecological subsection; (2) replaces requirements for maintaining ``biological potential'' with clear direction for snag retention to provide habitat for cavity-nesting birds; and (3) provides direction to maintain habitat in northern goshawk, boreal owl and great gray owl territories affected by vegetation projects. The Forest believes these new approaches to vegetation management would better provide wildlife habitat. The Forest seeks comments on the revised proposal in order to: (1) Clarify the issues, (2) decide how the proposed amendment may need to be modified, and (3) determine whether or not it is necessary to develop additional alternative(s) for analysis in the draft EIS.

This document contains a correction to the proposed rule titled ``Farm Loan Programs Loan Making Activities'' that was published September 23, 2010. The Farm Service Agency (FSA) is correcting the Paperwork Reduction Act information since the information collection statement for special direct loan servicing was inadvertently omitted from the proposed rule.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that suspended the reporting and assessment requirements prescribed under the Washington-Oregon fresh prune marketing order. The marketing order regulates the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and is administered locally by the Washington-Oregon Fresh Prune Marketing Committee (Committee). On June 1, 2010, the Committee unanimously voted to terminate Marketing Order No. 924. Since the only regulatory actions then in effect were the reporting and assessment requirements, the Committee included a recommendation to immediately suspend those activities while USDA processes the termination request. The reporting and assessment requirements will remain suspended until reinstated or permanently terminated.

This document presents the Record of Decision (ROD) regarding FSA implementation of the Biomass Crop Assistance Program (BCAP) as provided for in the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). The U.S. Department of Agriculture (USDA), Farm Service Agency (FSA) prepared a Final Programmatic Environmental Impact Statement (PEIS) for BCAP. A Notice of Availability (NOA) of that PEIS was published in the Federal Register on June 25, 2010. This decision record summarizes the reasons FSA has selected the Proposed Action Alternatives taking into account the program's expected environmental and socioeconomic impacts and benefits as documented in the PEIS, all of which were considered in this decision.

The Pike & San Isabel Resource Advisory Committee will meet in Pueblo, Colorado. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L 110- 343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to determine the project evaluation process and discuss proposals.

The Nevada and Placer Counties Resource Advisory Committee (RAC) will meet in Auburn, California. The committee is meeting as authorized under the Secure Rural Schools and Community Self- Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to discuss projects submitted for funding and the expenditure of Title II funds benefiting National Forest System lands in Nevada and Placer Counties.

The Prince of Wales Resource Advisory Committee will meet in Craig, Alaska, November 5, 2010. The purpose of this meeting is to discuss potential projects under the Secure Rural Schools and Community Self-Determination Act of 2008.

The Crop Assistance Program (CAP) will provide emergency assistance to reestablish the purchasing power of eligible producers of rice, cotton, soybeans, and sweet potatoes in specified counties for which a Secretarial disaster designation was issued based on excessive moisture and related conditions for the 2009 crop year. This rule specifies the eligibility requirements, payment calculations, and application procedures for CAP. CAP will provide up to $550 million to eligible producers. This rule also proposes a new information collection for the payment application.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of an information collection associated with regulations for the importation of beef from Uruguay.

The Rural Utilities Service (RUS) has issued a Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) associated with the Holland Cliff to Hewitt Road 230 kV Transmission proposal in Calvert and St. Mary's Counties, Maryland. The EA was prepared pursuant to the National Environmental Policy Act of 1969 (NEPA) (U.S.C. 4231 et seq.) and in accordance with the Council on Environmental Quality's (CEQ's) regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508) and RUS's NEPA implementing regulations (7 CFR part 1794, Environmental Policies and Procedures). The purpose of the EA was to evaluate the potential environmental impacts of and alternatives to a Southern Maryland Electric Cooperative (SMECO) application for a RUS loan for the proposal. The proposal includes construction of a 30-mile 230 kilovolt (kV) transmission line, a new 230/69 kV switching station, and a 230/69 kV switching station expansion.

The Plumas County Resource Advisory Committee (RAC) will hold a meeting on November 12, 2011 in Quincy, CA. The purpose of the meeting is to review a timeline for Cycle 11 funding and view presentations about completed Plumas County RAC projects. The funding is made available under Title II provisions of the Secure Rural Schools and Community Self-Determination Act of 2000.

The Sitka Resource Advisory Committee will meet in Sitka, Alaska, November 1, 2010. The purpose of this meeting is to discuss potential projects under the Secure Rural Schools and Community Self-Determination Act of 2008.

The Upper Rio Grande Resource Advisory Committee will meet in Monte Vista, Colorado. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110- 343) and in compliance with the Federal Advisory Committee Act. The purpose is to review and recommend project proposals to be funded with Title II money.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to the control of hawkweeds (Hieracium spp.). The environmental assessment considers the effects of, and alternatives to, the release of the hawkweed gall wasp, Aulacidea subterminalis, into the continental United States as a biological control agent to reduce the severity of infestations of hawkweeds. We are making the environmental assessment available to the public for review and comment.

The North Central Idaho RAC will meet in Potlatch, Idaho. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to discuss potential projects for the new fiscal year.

This document directs that a referendum be conducted among eligible California, Arizona, and New Mexico pistachio producers to determine whether they favor continuance of the marketing order regulating the handling of pistachios grown in California, Arizona, and New Mexico.

The Forest Service proposes fuels reduction on approximately 4,400 acres within the Upper 204/Tollgate Wildland Urban Interface (WUI) as set forth in the Umatilla County Community Wildfire Protection Plan (CWPP) as amended. This project was planned and will be implemented using Healthy Forest Restoration Act (HFRA) of 2004 authorities. The Tollgate Fuels Reduction project is located in Umatilla and Union Counties, Oregon and the project planning area encompasses over 46,000 acres. The project planning area is approximately 40 miles south/southwest of Walla Walla, Washington. The proposed fuels treatments will seek to reduce standing and down fuels, improve area evacuation routes, improve firefighter/public safety and protect local infrastructure. Fuel reduction efforts will be completed through commercial timber harvest (3,050 acres) and non- commercial thinning (1,350 acres). Timber harvest would generally focus on the removal of small diameter trees; however, larger trees may be removed as necessary to meet project objectives. Activities within the Lookingglass Inventoried Roadless Area (IRA) would include ground and ladder fuel reduction through the removal of standing (live and dead) trees and dead and down material. These activities would occur adjacent to private property and FR 64. No activities will occur in the North Fork Umatilla Wilderness or the Walla Walla River Inventoried Roadless Area. Development and implementation of these actions will be conducted in accordance with the Healthy Forest Restoration Act (HFRA), National Forest Management Act (NFMA), National Environmental Policy Act (NEPA), the Umatilla National Forest Land and Resource Management Plan and all other applicable laws and regulations.

This action withdraws a proposed rule published in the Federal Register on August 6, 2010 (75 FR 47490), on the use of an estimated trade demand figure to compute volume regulation percentages for 2010- 11 crop Natural (sun-dried) Seedless (NS) raisins covered under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative Committee (committee). The proposal provided parameters for implementing volume regulations for 2010-11 NS raisins for the purpose of maintaining the industry's export program and stabilizing the domestic market. Based upon comments in response to the proposed rule, conditions in the industry, the change in the worldwide raisin outlook, and the lack of industry support for an estimated trade demand, the proposed rule is being withdrawn.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to send comments regarding any aspect of this proposed information collection. This is a new collection to develop a Sampling Frame of Farm to School efforts.

In accordance with the Federal Advisory Committee Act, this notice is announcing the re-chartering of the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) by the Secretary of Agriculture on September 24, 2010. The Committee is being renewed in cooperation with the Department of Health and Human Services (HHS). The establishment of the Committee was recommended by a 1985 report of the National Academy of Sciences Committee on Food Protection, Subcommittee on Microbiological Criteria, ``An Evaluation of the Role of Microbiological Criteria for Foods.'' The current charter for the NACMCF is available for viewing on the NACMCF homepage at https://www.fsis.usda.gov/About_FSIS/NACMCF/index.asp. At this time the charter is being changed to add one individual affiliated with a consumer group to be appointed to the NACMCF as a representative member. This member will provide a consumer viewpoint to Committee work and will not be required to have a scientific background. The balance of the Committee membership will be scientists, and those who are not regular government employees will be appointed as special government employees.