Department of Agriculture February 2011 – Federal Register Recent Federal Regulation Documents

This document amends the delegations of authority within the Department of Agriculture (USDA) to reflect the establishment of the Office of the Chief Scientist within the Research, Education, and Economics (REE) mission area of USDA, and to identify the authorities of the Under Secretary for REE (Chief Scientist of the Department) and the Director of the Office of the Chief Scientist with respect to scientific integrity within USDA and the coordination of agricultural research, education, and extension programs and activities.

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 for new forms to be used to collect information related to Federal marketing orders for nectarines and peaches grown in California.

This document announces the Agricultural Marketing Service's (AMS) plans to review the National Organic Program (NOP) regulations (7 CFR part 205). This review will be conducted under criteria contained in section 610 of the Regulatory Flexibility Act (RFA), as amended. The RFA provisions require that all Federal agencies review existing regulations that have a significant economic impact on a substantial number of small entities to determine whether the associated impact can be minimized.

The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), announces its Distance Learning and Telemedicine (DLT) grant program application window for Fiscal Year (FY) 2011 subject to the availability of funding. This notice is being issued prior to passage of a final appropriations act to allow potential applicants time to submit proposals and give the Agency time to process applications within the current fiscal year. RUS will publish a subsequent notice identifying the amount received in the final appropriations act, if any. Expenses incurred in developing applications will be at the applicant's risk. For FY 2010, Congress appropriated approximately $30 million. In addition to announcing the application window, RUS announces the minimum and maximum amounts for DLT grants applicable for the fiscal year and a change in scoring necessitated by changes in the Empowerment Zone (EZ), Enterprise Community (EC) and Champion Community (CC) designations. Finally, the Agency notes that the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234) expressly added the category of libraries under Sec. 2333 (c)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. Sec. 950aaa-2(a)(1)) in order to clearly establish that libraries are eligible to be recipients of DLT Loans and Grants. This confirms the longstanding Agency policy of considering libraries to be eligible entities under the DLT Program. The regulation for the DLT Grant Program can be found at 7 CFR part 1703, subpart E.

The GMUG RAC will meet in Delta, 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 gather the appointed committee members together to review and recommend proposals for Title II Project funding within Garfield, Mesa, Delta, Gunnison and Montrose Counties, Colorado.

The Food, Conservation, and Energy Act of 2008 (the Act), amends section 231 of the Agricultural Risk Protection Act of 2000, which established the Value-Added Producer Grant Program. This program will be administered by the Rural Business-Cooperative Service. Under the interim rule, grants will be made to help eligible producers of agricultural commodities enter into or expand value-added activities including the development of feasibility studies, business plans, and marketing strategies. The program will also provide working capital for expenses such as implementing an existing viable marketing strategy. The Agency will implement the program to meet the goals and requirements of the Act. The program provides a priority for funding for projects that contribute to opportunities for beginning farmers or ranchers, socially disadvantaged farmers or ranchers, and operators of small- and medium- sized family farms and ranches. Further, it creates two reserved funds each of which will include 10 percent of program funds each year to support applications that support opportunities for beginning and socially disadvantaged farmers and ranchers and for proposed projects that develop mid-tier value marketing chains.

Notice is hereby given that the comment period on the proposed establishment of an industry-funded promotion, research, and information program for fresh cut Christmas trees is reopened and extended. The comment period is also reopen and extended for the new Christmas tree information collection requirements by the Office of Management and Budget (OMB) for the operation of the proposed program. The proposed Christmas Tree Promotion, Research, and Information Order (Proposed Order), was submitted to the Department of Agriculture (Department) by the Christmas Tree Checkoff Task Force, an industry wide group of producers and importers that support this proposed program.

The On Top Hazardous Fuels Reduction Project would construct a Defensible Fuel Profile Zone (DFPZ) across approximately 4,650 acres on National Forest System (NFS) land to provide strategic locations for the suppression of high intensity wildfires. Group selection harvest would be implemented over an estimated 102 acres on NFS land to assist in regeneration of healthy, shade-intolerant species and to move the landscape towards an uneven-aged, multistory, fire-resilient forest. Prescriptions would treat surface, ladder, and crown fuels to reduce risk from wildfires to rural communities and forest resources, improve forest health, and contribute to the economic stability of rural communities.

Section 2709 of the Food, Conservation and Energy Act of 2008 states that: USDA shall prepare technical guidelines that outline science-based methods to measure the carbon benefits from conservation and land management activities. In accordance with Section 2709 of the 2008 Farm Bill, USDA is developing technical guidelines and science- based methods to quantify greenhouse gas sources and sinks from the agriculture and forest sectors at the entity-, process-, and practice- scale. USDA intends to develop guidelines and methods that are verifiable and that demonstrate scientific rigor, transparency, scalability, and usability. USDA anticipates that the methods will be used by farmers and by USDA to improve management practices and to identify actions to reduce greenhouse gas emissions and increase carbon sequestration. The guidelines and methods could be used by farmers, ranchers, and forest owners to facilitate their participation in voluntary State and regional systems. In order to make the guidelines and methods most useful to a broad audience, a Web-based, user-friendly tool will be developed following the drafting of the guidelines and methods. In carrying out this project, USDA will consult with Federal and State government agencies; farm, ranch, and forest producers; as well as other interested parties. At the Federal level, this consultation will minimize duplication of efforts and ensure consistency of the products with other U.S. Government inventory and estimation approaches. USDA anticipates that after they are developed, reviewed, and published, the Technical Guidelines, combined with the user- friendly tool for GHG quantification, will assist farmers, ranchers, and forest owners in improving management practices and identifying actions to reduce greenhouse gas emissions and increase carbon sequestration, and could facilitate their participation in voluntary State and regional systems. Comments received under this notice will be used in determining the scope of the effort, strengthening the proposed project approach, ensuring that relevant information and data are considered, improving the rigor of the guidelines, and enhancing the usability of the methods. USDA is interested in your comments in response to the numbered topics, categories and questions shown in the supplementary information section of this notice. When submitting your responses, please categorize your comments as per the section number designations noted. Be specific and concise. All information received will be included in the public docket without change and made available online at https://www.regulations.gov, including any personal information provided. Responses to this notice are not offers and cannot be accepted by the Government to form a binding contract or issue a grant. Information obtained as a result of this request may be used by the government for program planning on a non-attribution basis. Do not include any information that might be considered proprietary or confidential.

The Sequoia National Forest proposes to develop a travel management plan for the Piute Mountains, located in northeast Kern County, California. The Piute Mountains, with a mixed conifer and pine forest, are included in the eastside Sierra Nevada ecosystem. The project area for this analysis includes 77,679 acres of National Forest System land in the Piute Mountains part of the Sequoia National Forest. There are an additional 7,170 acres of private land within the Piute Mountains. The Piute fire burned approximately 37,000 acres within the Piute Mountains in 2008. The Sequoia National Forest intends to prepare an environmental impact statement (EIS) to evaluate the possible effects associated with the proposed action which will add approximately 125 miles of existing roads and trails to the National Forest Transportation System (NFTS), and close approximately 5 miles of NFTS roads and trails, 4.5 miles of which are currently open only to motorcycle, and close 0.5 mile of roads open to all vehicles (Table 1). The proposed action includes an amendment to the Sequoia National Forest Land and Resource Management Plan that would change approximately 7,175 acres of semi-primitive non- motorized (SPNM) recreation land to semi-primitive motorized.

The Humboldt County Resource Advisory Committee (RAC) will meet in Eureka, California. The committee meeting is 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 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 vote on and recommend projects for funding.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a reinstatement of an information collection to support the National Animal Health Monitoring Feedlot 2011 Study.

This document directs that a referendum be conducted among eligible Oregon and Washington pear growers to determine whether they favor continuance of the marketing order regulating the handling of pears grown in Oregon and Washington.

As required by the Federal Advisory Committee Act, as amended, the Farm Service Agency (FSA) announces a public meeting of the Dairy Industry Advisory Committee (Dairy Committee) to review and approve the final recommendations to the Secretary of Agriculture. The Dairy Committee is responsible for making recommendations to the Secretary on policy issues impacting the dairy industry. Instructions regarding registering for and listening to the conference call meeting is provided in the SUPPLEMENTARY INFORMATION section of this notice.

We are advising the public of our determination that a corn line developed by Syngenta Seeds, Inc., designated as transformation event 3272, which has been genetically engineered to produce a microbial enzyme that facilitates ethanol production, is no longer considered a regulated article under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Syngenta Seeds, Inc., in its petition for a determination of nonregulated status, our analysis of available scientific data, and comments received from the public in response to our previous notice announcing the availability of the petition for nonregulated status and its associated environmental assessment and plant pest risk assessment. This notice also announces the availability of our written determination and finding of no significant impact.

We are adopting as a final rule, without change, an interim rule that amended the regulations governing the importation of nursery stock to prohibit the importation of propagative seed of several Rutaceae (citrus family) genera from certain countries where citrus greening or citrus variegated chlorosis (CVC) is present. The interim rule also required propagative seed of these genera from all other countries to be accompanied by a phytosanitary certificate with an additional declaration that neither citrus greening nor CVC are known to occur in the country where the seed was produced. We took that action because scientific evidence indicated that seed of certain genera of the family Rutaceae may be a pathway for the introduction of those diseases. The interim rule was necessary in order to prevent the introduction or dissemination of citrus greening or CVC within the United States.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services, are sponsoring a public meeting on February 22, 2011. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions that will be discussed at the 5th Session of the Codex Committee on Contaminants in Food (CCCF) of the Codex Alimentarius Commission (Codex), which will be held in The Hague, The Netherlands, March 21-25, 2011. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 5th Session of the CCCF and to address items on the agenda.

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, February 18, 2011, at 9 a.m. in Coeur d'Alene, Idaho for a business meeting. The business meeting is open to the public.

The Del Norte Resource Advisory Committee (RAC) will meet in Crescent City, California. The committee meeting is authorized under the Secure Rural Schools and Community Self-Determination (SRS) Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act.

The Ashley Resource Advisory Committee will meet in Vernal, Utah. 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 conduct introductions, approve meeting minutes, develop and finalize evaluation criteria for the ranking of recommended projects, set the next meeting date, time and location and receive public comment on the meeting subjects and proceedings.

The U.S. Department of Agriculture is proposing a new planning rule to guide land and resource management planning for all units of the National Forest System (NFS) under the National Forest Management Act of 1976. The proposed rule sets forth process and content requirements to guide the development, amendment, and revision of land management plans to maintain, protect, and restore NFS lands while providing for sustainable multiple uses, including ecosystem services, so that NFS lands continuously provide ecosystem functions and contribute to social and economic sustainability. Planning under the proposed rule would be collaborative and science-based with the responsible official required to take the best available scientific information into account and provide opportunities for public participation throughout the planning process. The proposed framework consists of a three-part learning and planning cycle: Assessment, development/revision/amendment, and monitoring. The phases of the framework are complementary and are intended to create a feedback loop that allows the Forest Service to adapt management to changing conditions and to improve plans based on new information and monitoring. This framework is intended to move the Agency toward a more responsive planning process that allows the Agency to understand the landscape-scale context for management, adapt management to changing conditions, improve management based on new information and monitoring, and support an integrated and holistic approach to management that recognizes the interdependence of social, ecological, and economic systems. The Agency is requesting public comment on the proposed rule and on the alternatives that are described and evaluated in the accompanying draft environmental impact statement (DEIS). Readers are invited to comment on each section of the proposed rule and on how provisions in the DEIS alternatives compare with the proposed rule. The Agency will carefully consider all public comments in preparing the final rule.

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on February 28, 2011 at the Lake Tahoe Community College, Aspen Room, 1 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.