Department of Agriculture 2010 – Federal Register Recent Federal Regulation Documents

The White River National Forest is preparing an Environmental Impact Statement (EIS) to consider and disclose the anticipated environmental effects of implementing projects from Beaver Creek Resort's 2010 Master Development Plan (MIDP). These projects are designed to enhance and sustain Beaver Creek's ability to provide a world class venue for Alpine ski eventsa key goal of the MDP.

In accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App.), this notice announces that the Secretary of Agriculture intends to reestablish the Plant Variety Protection Board.

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 the currently approved information collection for OMB 0581-0229 Form TM-28, USDA Farmers Market Application. Copies of this one-time yearly application form to participate in the U.S. Department of Agriculture (USDA) Farmers Market at 12th Street and Independence Avenue, SW., Washington, DC may be obtained by calling the AMS Marketing Services Branch contact listed.

This rule invites comments on the establishment of final free and restricted percentages for the 2010-2011 crop year. The percentages are 58 percent free and 42 percent restricted and will establish the proportion of cherries from the 2010 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions. The percentages were recommended by the Cherry Industry Administrative Board (Board), the body that locally administers the marketing order. The marketing order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to enact six recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) from November 30, 2007, and May 22, 2008. This final rule adds aqueous potassium silicate and sodium carbonate peroxyhydrate, along with any restrictive annotations, for use in organic crop production, and adds gellan gum, fortified cooking wineMarsala, fortified cooking wine sherry, and tragacanth gum, along with any restrictive annotations, for use in organic handling. This final rule also removes the listing for glycerine oleate (glycerol monooleate) as the use exemption for this substance as a synthetic inert ingredient in organic crop production expired on December 31, 2006.

The Commodity Credit Corporation (CCC) is modifying the regulations for the Tobacco Transition Payment Program (TTPP) to clarify, consistent with current practice and as required by the Fair and Equitable Tobacco Reform Act of 2004 (FETRA), that the allocation of tobacco manufacturer and importer assessments among the six classes of tobacco products will be determined using constant tax rates so as to assure that adjustments continue to be based solely on changes in the gross domestic volume of each class. This means that CCC will continue to determine tobacco class allocations using the Federal excise tax rates that applied in fiscal year 2005. These are the same tax rates used when TTPP was implemented and must be used to ensure, consistent with FETRA, that changes in the relative class assessments are made only on the basis of changes in volume, not changes in tax rates. This technical amendment does not change how the TTPP is implemented by CCC, but rather clarifies the wording of the regulation to directly address this point.

The Forest Service, U.S. Department of Agriculture, State and Private Forestry, Technology Marketing Unit, located at the Forest Products Laboratory, requests proposals for wood energy projects that require engineering services. These projects will use woody biomass material removed from forest restoration activities, such as wildfire hazardous fuel treatments, insect and disease mitigation, forest management due to catastrophic weather events, and/or thinning overstocked stands. The woody biomass shall be used in a bioenergy facility that uses commercially proven technologies to produce thermal, electrical, or liquid/gaseous bioenergy. The funds from the Woody Biomass Utilization Grant program (WBU) must be used to further the planning of such facilities by funding the engineering services necessary for final design and cost analysis. Examples of such projects include engineering design of a (1) woody biomass boiler for steam at a sawmill, (2) non-pressurized hot water system for various applications at a hospital or school, and (3) biomass power generation facility, or similar facilities. This program is aimed at helping applicants complete the necessary design work needed to secure public and/or private investment for construction. In particular, USDA Rural Development has established grants and loan programs that might help fund construction of such facilities. However, engineering design must be completed prior to submitting an application to this and other Federal, State, or private funding sources.

In accordance with the Paperwork Reduction Act of 1995 and 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 its Web-based Public Health Information System.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) Federal Grain Inspection Service (FGIS) is amending the regulations issued under the United States Grain Standards Act (USGSA), as amended, to incorporate by reference the applicable requirements of the 2008 edition of the National Institute of Standards and Technology (NIST) Handbook 44, ``Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,'' (NIST Handbook 44, issued October 2007).

Notice is hereby given of the intention of the Natural Resources Conservation Service (NRCS) to implement the WEPS which will replace the use of the Wind Erosion Equation (WEQ) where applicable.

The Farm Service Agency published a document in the Federal Register on November 26, 2010, announcing two public meetings of the Dairy Industry Advisory Committee. The location of the December and January meetings have changed. This notice provides the current meeting location information.

The Agricultural Marketing Service (AMS) is affirming without changes, its interim rule to promulgate rules and regulations establishing a National Sheep Industry Improvement Center (NSIIC) program, consistent with the Food, Conservation, and Energy Act of 2008 (Farm Bill). This rule establishes the NSIIC and a Board of Directors (Board) that will manage and be responsible for the general supervision of the activities of the NSIIC, with oversight from the U.S. Department of Agriculture (USDA). The NSIIC is authorized to use funds to make grants to eligible entities in accordance with a strategic plan. No comments were received. Accordingly, AMS is issuing this final rule without changes.

The Prince of Wales Resource Advisory Committee will meet in Coffman Cove, Alaska, December 20, 2010. The purpose of this meeting is to discuss potential projects under the Secure Rural Schools and Community Self-Determination Act of 2008.

The Kern and Tulare Counties Resource Advisory Committee (RAC) will be accepting applications for projects that may be recommended for funding under Title II of the Secure Rural Schools and Community Self- Determination Act (Pub. L. 110-343). The application will soon be available for download from the Sequoia National Forest Web site: https://www.fs.fed.us/r5/sequoia/projects/rural-schools/index. html and can be submitted electronically, by mail, or in person after January 15, 2011. The RAC is conducting workshops at meetings 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 Rural Utilities Service, hereinafter referred to as RUS and/or the Agency, has issued a Record of Decision (ROD) for the Environmental Impact Statement (EIS) for the proposed Bemidji to Grand Rapids 230 kV Transmission Line Project (Project) in Beltrami, Hubbard, Itasca, and Cass counties, Minnesota. The Administrator of RUS has signed the ROD, which is effective upon signing. The RUS, U.S. Forest Service Chippewa National Forest (CNF), U.S. Army Corps of Engineers (USACE), and Leech Lake Band of Ojibwe Division of Resource Management (LLBO DRM) cooperated in the development of a Final Environmental Impact Statement (Final EIS) 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) regulations for implementing the procedural provisions of NEPA (40 CFR Parts 1500-1508), and RUS's NEPA implementing regulations (7 CFR Part 1794). RUS is the lead federal agency as defined at 40 CFR 1501.5, and CNF and USACE are cooperating agencies. LLBO DRM accepted an invitation to participate as a cooperating agency. As the lead federal agency, and as part of its broad environmental review process, RUS must take into account the effect of the proposal on historic properties in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C 470f) and its implementing regulation ``Protection of Historic Properties'' (36 CFR Part 800). The Final EIS evaluated the potential environmental impacts of and alternatives to the Project proposed by Minnkota Power Cooperative, Inc. (Minnkota) for RUS financing to construct the 230 kilovolt (kV) transmission line between the Wilton Substation near Bemidji, Minnesota and the Boswell Substation near Grand Rapids, Minnesota. The Project is being jointly developed by Minnkota, Otter Tail Power Company, and Minnesota Power (The Utilities).

The Animal and Plant Health Inspection Service charges user fees, as authorized by law, to recover the costs of providing certain services. This notice announces the availability of a Web site that contains information about the Agency's user fees.

The Medicine Bow-Routt National Forests and Thunder Basin National Grassland (MBRTB) will prepare an environmental impact statement (EIS) to continue control of noxious weeds and other invasive plants through the integration of manual, mechanical, biological, and ground and aerial herbicide control methods. ``Invasive species'' are defined as alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health (Federal Executive Order 13112). Effects analysis of treatments of invasive plants, including cheatgrass (Bromus tectorum) and other invasive annual bromes, will be projected over the next 10-15 years. The agency invites comments and suggestions on the 47scope of the analysis to be included in the draft environmental impact statement (DEIS). In addition, the agency gives notice of this environmental analysis and decision making process so that interested and affected people know how they may participate and contribute to the final decision. When developing an invasive plant management strategy it is critical to consider all available resources and tools. Integrated pest management (IPM) strategies utilize various invasive plant management options that focus on the most economical and effective control of invasive plants. Anything that weakens the invasive plant, prevents spreading, or prevents seed production can be a valuable tool. Proposed methods to control invasive plants include a combination of ground and aerial application of herbicides, mechanical, biological, and cultural weed treatments. The MBRTB is currently treating noxious weeds and invasive plants under decisions made in the 1996 Management of Noxious Weeds Environmental Assessment (EA). However, the EA and subsequent National Environmental Policy Act (NEPA) decisions for invasive plant control on the MBRTB need to be updated since they did not include analysis of the effects of new herbicides, new invasive plant populations, or aerial application of herbicides. This analysis will disclose the effects of the proposed treatments, including the application of an adaptive management strategy that would assess progress and alter management when adequate progress in not being achieved or as new methods of treatment are developed.

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 Idaho Panhandle Resource Advisory Committee will meet Friday, December 3, 2010, at 9 a.m. in Coeur d'Alene, Idaho for a business meeting. The business meeting is open to the public.

The Natural Resources Conservation Service (NRCS) announces the availability of financial assistance funds in fiscal year (FY) 2011 for up to $15 million in the Cooperative Conservation Partnership Initiative (CCPI) and up to $25 million in the Wetlands Reserve Enhancement Program (WREP) through the Mississippi River Basin Healthy Watersheds Initiative (MRBI). These funding levels are available for new MRBI proposals only. However, CCPI and WREP will not be the only funding mechanisms for MRBI in FY 2011. The Chief of NRCS reserves discretion in utilizing other NRCS conservation program funds and mechanisms in support of the objectives of MRBI. Through agreements, partners and NRCS will provide assistance to eligible participants in the 43 designated focus areas (8-digit HUCs) in the following 13 States: Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Ohio, Tennessee, South Dakota, and Wisconsin. The purpose of this notice is to solicit proposals from potential partners to enter into agreements with NRCS and to inform agricultural producers and landowners of the future availability of program funds through approved partnership projects. Proposals must be based on one or more 12-digit HUCs within the 43 designated focus areas. Partners who are currently involved in approved MRBI agreements through CCPI or WREP and want to work in other 12-digit watersheds must submit new proposals for a new project.

The Department of Agriculture, Forest Service, in cooperation with the Department of the Interior, Bureau of Land Management (BLM), Washington State Department of Natural Resources (DNR), and Washington Department of Ecology (WADOE), will prepare an Environmental Impact Statement (EIS) for a proposal by Echo Bay Exploration, Inc. (Echo Bay) to explore their mineral holdings in Township 40 North, Range 30 East, Sections 1, 12 to 15, 22 to 27, and 34 to 36; and in Township 40 North, Range 31 East, Sections 5 to 9 and 16 to 20, W.M. Proposed exploration operations will be located in Okanogan County, Washington on unpatented mining claims on public lands administered by the Tonasket Ranger District of the Forest Service and the Wenatchee Field Office of the BLM. Exploration operations will also be located on state mineral lease lands, private lands, and patented mining claims administered by the Washington State Department of Natural Resources. The EIS will evaluate a range of reasonable alternatives to the proposed action and will assess the potential impacts of each alternative. The public will have an opportunity to comment on the EIS, including the range of alternatives and the impacts analysis. The agencies are giving notice of this analysis so that interested and affected individuals are aware of how they may participate and contribute to the final decision.

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 the following information collections for which RUS intends to request approval from the Office of Management and Budget (OMB).

The Office of Advocacy and Outreach is issuing this notice to advise the public that meetings of the Advisory Committee on Beginning Farmers and Ranchers (Committee) will be held to discuss and explore USDA policy options designed to create and sustain ``New and Beginning Farmers and Ranchers.''