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

The Lake Tahoe Federal Advisory Committee will hold a meeting on November 18, 2011 at the Lake Tahoe Basin Management Unit, 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.

The United States Department of Agricultural (USDA), Rural Housing Service (RHS) proposes a change to its Single Family Housing Guaranteed Loan Program (SFHGLP) regulation. The proposed action is taken to implement authorities granted the Secretary of the USDA, in Sec. 102 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212, July 29, 2010) to collect from the lender an annual fee not to exceed 0.5 percent of the outstanding principal balance of the loan for the life of the loan. The intent of the annual fee is to make the SFHGLP subsidy neutral when used in conjunction with the one-time guarantee fee, thus eliminating the need for taxpayer support of the program. For Fiscal Year (FY) 2012, an annual fee of 0.3 percent of the outstanding principal balance will be required in order that the SFHGLP may maintain subsidy neutrality. Beginning with all loans obligated on or after October 1, 2011, RHS proposes to charge an annual fee of 0.3 percent of the outstanding principal balance of the loan for the life of the loan.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this document announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of a revision to the currently approved information collection for the Regulations Governing the Inspection and Grading of Manufactured or Processed Dairy Products Recordkeeping (Subpart B).

This document amends the delegation of authority from the Secretary of Agriculture to the Director of the Office of Communications to serve as the central information authority for emergency public information activities. The Secretary further delegates to the Director of the Office of Communications the authority to serve as the central authority for the Department and agency strategic communications plans.

This final rule terminates the Federal marketing orders regulating the handling of nectarines and fresh peaches grown in California (orders) and the rules and regulations issued thereunder. The Department of Agriculture (USDA) has determined that these marketing orders are no longer an effective marketing tool for the handling of nectarines and fresh peaches grown in California and that termination best serves the current needs of the industry while also eliminating the costs associated with the operation of the marketing orders.

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

The Sabine-Angelina Resource Advisory Committee was scheduled to meet October 20, 2011 in Hemphill, Texas. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The committee's charter expires in October 2011 and its renewal is under review by the Secretary of Agriculture. In compliance with the Federal Advisory Committee Act the committee will not be meeting until the charter is renewed.

We are proposing to amend the regulations concerning the importation of plants and plant products by establishing the controlled import permit as a single type of authorization for the importation into the United States of otherwise prohibited or restricted plant material for experimental, therapeutic, or developmental purposes. Currently, some sections of the regulations provide for those articles to be imported under a departmental permit, while other sections provide for their importation under administrative instructions or conditions specified by the Administrator or Deputy Administrator. This action would consolidate and harmonize the conditions for obtaining authorization for the importation of otherwise prohibited or restricted plant material for scientific or certain other purposes.

We are amending the fruits and vegetables regulations to allow the importation into the continental United States of baby kiwi fruit from Chile, subject to a systems approach. Under this systems approach, the fruit must be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit must undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit must be inspected in Chile at an approved inspection site. Each consignment of fruit must be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This final rule allows for the safe importation of fresh baby kiwi from Chile using mitigation measures other than fumigation with methyl bromide.

We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of swine by adding Texas to the list of validated brucellosis- free States. The interim rule was necessary to relieve certain restrictions on interstate movement of breeding swine from Texas.

We are reopening the comment period for a notice that advised the public that we have determined that 41 taxa of plants for planting are quarantine pests and 107 taxa of plants for planting are hosts of 13 quarantine pests and therefore should be added to our lists of taxa of plants for planting whose importation is not authorized pending pest risk analysis. The notice also made available to the public for review and comment data sheets that detail the scientific evidence we evaluated in making the determination that the taxa are quarantine pests or hosts of quarantine pests. This action will allow interested persons additional time to prepare and submit comments.

The Forest Service will prepare an environmental impact statement on a proposal to use multiple vegetation treatments focused on reducing the threat to ecosystem components including forest resources from an existing insect and disease epidemic (mountain pine beetle), creating a landscape condition more adapted to fire and that reduces potential for high severity wildfire near at-risk communities and in the wildland-urban interface. The proposal is being planned for the 31,772 acre Calumet Project Area that includes about 27,617 acres of National Forest System land and about 4,155 acres of interspersed private land. The project area lies approximately six miles southwest of Rapid City, SD. Sheridan Lake is also located within the project area. This project will be conducted as an authorized project under Section 102 of the Healthy Forests Restoration Act of 2003 (HFRA). Actions proposed for the Calumet Project Area include the following: Thin and harvest approximately 14,954 acres of pine stands using a variety of methods to treat MPB infested stands, reduce the overall density of pine trees and create a mosaic of structural stages across the landscape. Both commercial and non-commercial sized trees would be removed utilizing multiple contracts including stewardship, timber sale, and service contracts. Remove conifers from hardwood stands (e.g., aspen, oak, and birch) and restore meadows on approximately 3,497 acres to provide habitat diversity and wildfire protection by enhancing natural fuel breaks. Reduce the amount of fuels that currently exists. Treatments could include (but are not limited to) lopping, chipping, crushing, piling and burning; creating fuel breaks along roads and adjacent to private property, particularly those properties with houses and subdivisions. Roadway treatments would improve access (ingress/ egress) for the public, as well as emergency services in the event of a wildfire. Prescribed broadcast burning would also be allowed anywhere strategically practical within the project area, up to approximately 27,000 acres. The goals of prescribed fire are to reduce fuel loading and continuity to help protect private property and Forest resources, and to increase the quantity and quality of forage for big game and other wildlife resources. Annually, the Mystic Ranger District conducts approximately 2,000 to 4,000 acres of prescribed broadcast burning. These annual, accomplished acres are spread across the district and are split among multiple planning areas. Burning designated areas within the Calumet Project Area could take up to ten years to accomplish. Use of existing road templates, with less than five miles of new construction, would be required to carry out vegetation treatments.

This notice announces the availability of a Draft Environmental Assessment (EA) for the proposed establishment and production of giant miscanthus (Miscanthus X giganteus) as a dedicated energy crop to be grown in the REPREVE Renewables, LLC (project sponsor) proposed project areas in Georgia, North Carolina and South Carolina as part of the Biomass Crop Assistance Program (BCAP). This notice provides a means for the public to voice any concerns they may have about the proposed BCAP project areas.

This rule changes the grower diversion regulations prescribed under the marketing order for tart cherries (order). The order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin and is administered locally by the Cherry Industry Administrative Board (Board). This rule suspends indefinitely the regulations establishing random row as a method of grower diversion. With growers consistently choosing other diversion methods which offer more flexibility and fewer potential problems, the Board recommended this suspension to bring grower diversion requirements in line with current industry practices.

In accordance with legislation implementing the results of the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade, we are informing the public of the international standard- setting activities of the World Organization for Animal Health, the Secretariat of the International Plant Protection Convention, and the North American Plant Protection Organization, and we are soliciting public comment on the standards to be considered.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations to prevent the interstate spread of plant pests from the State of Hawaii and U.S. territories.

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

To improve the supply of skilled agricultural workers and bring greater stability to the workforce in this sector through provision of services specifically designed to assist farmworkers in securing, retaining, upgrading or returning from an agricultural job. The intended outcomes are that, as a result of the services to be provided, farmers will have access to a more skilled pool of workers and farmworkers who will have an enhanced skill set, making on-the-farm employment opportunities more plentiful. The total funding for this competitive opportunity is $4,000,000. The U.S. Department of Agriculture's (USDA), Office of Advocacy and Outreach (OAO), anticipates awarding a total of approximately no less than 8 grants from this announcement, subject to availability of funds and the quality of applications received. A maximum award will be limited to $500,000.

On June 9, 2011 the Secretary of Agriculture (Secretary), and the United States Trade Representative (USTR), renewed the charters of the Agricultural Policy Advisory Committee (APAC) and the six Agricultural Technical Advisory Committees (ATACs) for Trade for a 4- year term to expire on June 9, 2015. The APAC provides advice on the operation of various existing U.S. trade agreements and on negotiating objectives for new trade agreements, as well as other matters arising from the administration of U.S. trade policy. The ATACs provide advice and information regarding trade issues that affect both domestic and foreign production in the commodities of the respective sector, drawing upon the technical competence and experience of the members. Some appointments were made to these committees on September 8, 2011. The Foreign Agricultural Service (FAS) seeks to add additional members in order to begin to stagger membership terms and is requesting nominations for persons to serve on these seven committees.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Field Crops Objective Yield Surveys. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) has revised the United States Standards for Grades of Frozen Okra. The grade standards for frozen okra have been changed from a ``variables score point'' system to an ``individual attributes'' grading system. The ``dual grade nomenclature'' has been replaced with single letter grade designations and editorial changes were made. These changes bring the United States Standards for Grades of Frozen Okra in line with the present quality levels being marketed today and provide guidance in the effective utilization of frozen okra.

The Rural Utilities Service (RUS) proposes to issue regulations in order to provide loans and grants to facilitate the construction, acquisition, or improvement of infrastructure projects in Substantially Underserved Trust Areas (SUTA). The intent is to implement Section 906F of the Rural Electrification Act (7 U.S.C. 960f) by providing the process by which eligible applicants may apply for funding by the agency.