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

The Department of Agriculture, Food and Nutrition Service published a final rule in the Federal Register on October 28, 2011 (76 FR 66849), concerning changes to eligibility determinations for free and reduced price school meals to implement nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004. It also finalized the changes set forth in the interim rule published on November 13, 2007 (72 CFR 63785). This document corrects an amendment to provide additional amendatory language for text that was set out in 7 CFR 245.6(c)(3)(ii). All other information remained unchanged.

Notice is hereby given that the Rural Utilities Service (RUS), has prepared a Final Environmental Impact Statement (EIS) to meet its responsibilities under the National Environmental Policy Act (NEPA) and 7 CFR part 1794 related to possible financial assistance to Oglethorpe Power Corporation's (Oglethorpe) for the construction of a 100 megawatt (MW) biomass plant and related facilities (Proposal) in Warren County, Georgia. The purpose of the Proposal is to provide a reliable, long-term supply of renewable and sustainable energy at a reasonable cost to meet part of the electric energy needs of Oglethorpe's members. Oglethorpe may request financial assistance from the RUS for the Proposal.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information collection, Flathead Wild and Scenic River Visitor Survey and McKenzie River Visitor Survey.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR part 1320, this notice announces the National Agricultural Library's intent to request renewal of an information collection to obtain an evaluation of user satisfaction with NAL Internet sites.

The U.S. Department of Agriculture (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending the regulations issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act). GIPSA is amending the regulations to clarify conditions for industry compliance with the P&S Act pursuant to the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). In response to comments and other public input received in response to the proposed rule published in the Federal Register on June 22, 2010, making necessary changes. The provisions finalized with this action will clarify conditions for industry compliance with the P&S Act. Other provisions listed in the June 22, 2010, proposed rule are not being finalized at this time.

The proposed action is to approve two Plans of Operations for exploratory uranium drilling on the Cibola National Forest, Mount Taylor Ranger District. There are two areas identified for exploration; the Bajillos project area is approximately 2,894 acres and is located in T. 12 N, R. 8 W, Sections 6, 7, & 8 and T. 12 N, R. 9 W, Sections 1, 12, & . The Endy project area is approximately 3,740 acres and is located in T. 13 N, R. 7 W, Sections 7 &8, T. 13 N, R. 8 W, Secions 2, 3, 4, 5, 11, & 12 and T. 14 N, R. 8 W, Sections 31 & 32. Both project areas are located north-northeast of Grants in the vicinity of the town of San Mateo. In total, there are up to 279 drill holes that would be drilled over a period not to exceed 6 years from initiation of the project. A total of 21 drill holes are proposed within the Bajillos project area. A total of up to 258 holes are proposed for drilling within the Endy project area. The exploratory drilling in this area would be phased over the course of six years; 51 holes would be drilled during the first phase of exploration. Secondary- and later phase- drilling would consist of in-fill drilling and moving outward into newer areas.

The Deschutes Provincial Advisory Committee will meet on December 12, 2011 to introduce new nominees and current PAC members; review key principals and goals; and identify key areas of interest for 2012 meetings and field trips. The meeting will also provide updates on the forest restoration and sustainable recreation subcommittees. Members will meet at the Deschutes National Forest Supervisors office, Aspen conference room (63095 Deschutes Market Road, Bend, Oregon) from 9 AM until 2 PM. All Deschutes Provincial Advisory Committee meetings are open to the public.

On October 19, 2011, the USDA Forest Service, Coronado National Forest, published a Notice of Availability of the Rosemont Copper Project Draft Environmental Impact Statement and public meetings and commenting options (76 FR 64893). This revised notice advises the public of changes in the schedule of public meetings being held during the public review and comment period. All other information given in the original notice remains unchanged.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension of a currently approved information collection in support of the program for 7 CFR, part 1951, subpart R, ``Rural Development Loan Servicing.''

The Forest Service has finalized the development of an internal directive to Forest Service Manual (FSM) 2900 for invasive species management. This final invasive species management directive will provide foundational comprehensive guidance for the management of invasive species on aquatic and terrestrial areas of the National Forest System (NFS). This directive articulates broad objectives, policies, responsibilities, and definitions for Forest Service employees and partners to more effectively communicate NFS invasive species management requirements at the local, regional, and national levels. This directive primarily serves to clarify and improve the understanding, scope, roles, principles, and responsibilities associated with NFS invasive species management for Forest Service employees and the public. This directive will increase the Forest Service's effectiveness when planning and implementing invasive species management activities; using a collaborative and holistic approach for protecting and restoring aquatic and terrestrial ecosystems from the impacts of invasive plants, pathogens, vertebrates, and invertebrates. The proposed policy was issued on June 3, 2011, (76 FR 32135-32141) in the Federal Register for a 60-day public comment period. Responses were received from a wide variety of stakeholders in the public and private sectors, including non-government organizations, State and local government agencies, private individuals, and other Federal government agencies. Responses were organized into seven broad categories for the analysis: (1) Management Techniques, Requirements, and Protocols; (2) Coordination, Cooperation, and Partnerships; (3) Planning, NEPA, and Environmental Compliance; (4) Program Objectives, Principles, and Goals; (5) Definitions and Terms; (6) Budget and Performance Integration; and (7) Miscellaneous General Comments. An in-depth review of the comments and recommendations indicated strong support for the proposed directive and positive comments about the significant role that the National Forest System plays in the invasive species management issue. In addition, most respondents lauded the Agency for establishing this comprehensive policy guidance for the management of the full spectrum of invasive species across aquatic and terrestrial areas of the National Forest System. Respondents strongly supported the policy's emphasis on local, State, regional, and national coordination; and encouraged the National Forest System to continue broad integration and collaboration, both internally and externally. There was support and encouragement for national forests and grasslands to conduct invasives species management efforts which complement ongoing or existing programs and networks in the States. There also was support for the establishment of cooperative weed management areas, cooperative invasive species management areas, and similar landscape- scale partnerships involving national forests and grasslands; and for the use and sharing of information and compatible databases/protocols to advance the understanding of distribution, abundance, and management of invasive species. Some respondents recommended the Forest Service include the use of widely accepted protocols, management techniques and training programs available to help identify high risk species and pathways of invasion, and subsequently set priorities for management actions. Some respondents commented on funding and performance issues that hamper effective management of invasive species at the local level. Respondents provided a number of recommendations to add specific criteria, and other detailed management requirements into various components of the proposed directive (FSM 2900); including specific direction and requirements related to programmatic and project-level planning, NEPA and related environmental compliance, Forest Plan standards, pesticide use, weed treatment and prevention techniques, and other tactical-level direction to manage invasive species populations. The Forest Service agrees that additional detailed direction is necessary, however, as described in the June 3, 2011, Federal Register Notice (76 FR 32135-32141), this directive (FSM 2900) is designed to provide broad policy requirements and direction, rather than detailed criteria, standards, protocols, and other tactical-level direction. Such detailed operational direction will be provided through an accompanying Forest Service Handbook; to be published in the Federal Register for public comment at a later date. Hence, the responses received on the proposed directive clearly indicated the importance of completing the accompanying Forest Service Handbook (FSH 2909.11) to provide the essential and specific operational requirements and policy standards necessary to effectively implement the invasive species management direction articulated in the proposed directive (FSM 2900), across the National Forest System. Overall, the diverse suite of responses received validated that the proposed directive (FSM 2900) is consistent with the expectations of the general public, State and Federal partners, and other invasive species management stakeholders, for a proactive, collaborative, and holistic approach to managing aquatic and terrestrial invasive species. Based on the evaluation of the public responses received on the proposed directive, no changes were made to the final directive's objectives, policy statements, and definitions. Therefore, the Forest Service is issuing its final directive for the management of invasive species across the National Forest System, formally adding Chapter 2900, Invasive Species Management, as an amendment to the Forest Service Manual.

The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations, Prune Crop Insurance Provisions to remove the quality adjustment provisions for substandard prunes and to make other changes to clarify policy provisions. The intended effect of this action is to provide policy changes, to clarify existing policy provisions to better meet the needs of the producers, and to reduce vulnerability to program fraud, waste, and abuse. The changes will apply for the 2013 and succeeding crop years.

The Farm Service Agency (FSA) is amending the Farm Loan Programs (FLP) loan making regulations to implement a new program and to amend existing regulations for direct and guaranteed loans as required by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). This rule establishes the loan making and servicing regulations for the new Land Contract (LC) Guarantee Program. The amendments change the farm experience requirements in the regulations for direct Farm Operating Loans (OL) and direct Farm Ownership Loans (FO), and make certain equine farmers and certain equine losses eligible for Emergency Loans (EM).

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to DICKEY- john Corporation of Auburn, Illinois, an exclusive license to U.S. Patent No. 6,691,563, ``Universal Dielectric Calibration Method and Apparatus for Moisture Content Determination in Particulate and Granular Materials,'' issued on February 17, 2004 and to U.S. Patent Application Serial No. 12/782,079, ``Microwave Sensor and Algorithm for Moisture and Density Determination,'' filed on May 18, 2010.

The Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) is amending the Agriculture Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law Violations.'' The rule is issued as a direct final rule. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under USDA's usual procedure for notice and comment to provide a procedural framework to finalize the rule. In the event that any significant adverse comments are received, this direct final rule will be withdrawn.