Department of Agriculture 2011 – Federal Register Recent Federal Regulation Documents

The Nicolet Resource Advisory Committee will meet in Crandon, WI. 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 purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and approve submitted project proposals.

The 2008 Farm Bill amended the Richard B. Russell National School Lunch Act to direct that the Secretary of Agriculture encourage institutions operating Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products. Effective October 1, 2008, institutions receiving funds through the Child Nutrition Programs may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products. This provision applies to institutions in all of the Child Nutrition Programs, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program, as well as to purchases made for these programs by the Department of Defense Fresh Program. The provision also applies to State agencies making purchases on behalf of any of the aforementioned Child Nutrition Programs. The purpose of this rule is to finalize the geographic preference option in Child Nutrition Programs.

The Custer County Resource Advisory Committee will meet in Custer, South Dakota. 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 review of project proposals to be implemented in 2012.

The Rural Business-Cooperative Service (RBS) will hold two informational Webinars for the Rural Energy for America Program (REAP) associated with the recently published REAP interim rule and Notice of Funds Availability (NOFA). Participation will be limited for each Webinar to the first two hundred registrants.

The U.S. Department of Agriculture proposes to amend its regulations to maintain consistency with standard industry contracts and to make minor revisions to streamline processing applications. These revisions are needed to conform with market and industry changes by updating, clarifying, and modifying the regulatory requirements for community facility construction and development. The amendments to the regulation will streamline current processes and provide for faster reviews of alternate construction contract methods (such as Design/ Build and Construction Management) by the Agency's National Office. This rule can also apply to applications under the Rural Business- Cooperative Service Programs.

This rule establishes procedures for conducting a referendum to determine whether issuance of a proposed Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order) is favored by domestic manufacturers and importers of softwood lumber. Softwood lumber is used in products like flooring, siding and framing. The procedures will also be used for any subsequent referendum under the Order. The proposed Order is being published separately in this issue of the Federal Register.

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 poultry meat and other poultry products from Sinaloa and Sonora, Mexico.

The Superior National Forest will prepare an environmental impact statement for the Boundary Waters Canoe Area Wilderness (BWCAW) Non-native Invasive Plant (NNIP) Management Project. In order to maintain and improve aquatic and terrestrial wildlife habitat, to maintain healthy, resilient native plant communities, and to maintain the character and ecological integrity of the BWCAW, the Superior National Forest proposes to use an integrated pest management approach to treat NNIP, beginning with treatments on a total of approximately 13 acres of invasive plants at sites scattered across the wilderness and possibly expanding up to 20 acres over the next 10 years. The proposed activities would eradicate or control existing NNIP populations and respond rapidly to new infestations in order to prevent the further spread of NNIP.

The Priest Lake Ranger District of the Idaho Panhandle National Forests will prepare a Supplemental Environmental Impact Statement (EIS) for the Lakeview-Reeder Fuel Reduction Project. The Notice of Availability of the draft EIS for the Lakeview-Reeder Fuels Reduction Project was published in the Federal Register (74 FR 5652) on January 30, 2009 and the notice of the final EIS (74 FR 28045) was published on June 12, 2009. Following the release of the final EIS, two pre-decisional objections were lodged against the project under 36 CFR part 218. Under administrative review, the project was found to be in compliance with existing laws, regulations and policy. Two separate records of decision were issued. The Roads Record of Decision (ROD) was signed on December 3, 2009. This authorized selected roadwork activities analyzed in Alternative 2 that needed to be accomplished before fuels reduction activities could be implemented. The Hazardous Fuels Reduction ROD was signed on May 10, 2010 and authorized the activities analyzed in Alternative 2 that were deferred in the Roads ROD. A complaint for injunctive and declaratory relief against the Fuels Reduction ROD was filed in the United States District Court for the District of Idaho on October 6, 2010. On December 3, 2010, the Fuels Reduction ROD was withdrawn to address issues raised by the decision in Native Ecosystems Council v. Tidwell, 599 F.3d 926 (9th Cir. 2010). A supplemental EIS will be prepared to address management indicator species, recently designated critical habitat for bull trout, and newly designated Sensitive species. Treatment acres, harvest prescriptions and mitigation for grizzly bears are slightly changed from that presented in the proposed action of the final EIS due to ongoing collaborative efforts.

The Gogebic Resource Advisory Committee will meet in Marenisco, Michigan. The committee is meeting as 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 purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and make recommendations on Title II Projects submitted by the public.

The USDA Forest Service will prepare a supplemental environmental impact statement (SEIS) for the Bussel 484 Project. The Notice of Availability of the Draft EIS for the Bussel 484 Project was published in the Federal Register (73 FR 12413) on March 7, 2008, and the notice for the Final EIS (73 FR 24279) was published on May 2, 2008. The Record of Decision (ROD) for this project was signed on May 21, 2008. It was administratively appealed to the Regional Forester per 36 CFR part 215. The Regional Forester affirmed the decision on July 31, 2008. A complaint was filed in the United States District Court for the District of Idaho on April 9, 2009. On August 6, 2010 the United States District Court for the District of Idaho set aside the Bussel 484 decision and remanded it to the Forest Service. The proposed action is unchanged from the final EIS. A supplemental EIS will be prepared to address analysis for wildlife, fire management direction, recently designated critical habitat for bull trout, and newly designated Sensitive species.

In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' the Department of Agriculture (USDA) is reviewing its existing regulations to evaluate their continued effectiveness in addressing the circumstances for which they were promulgated. As part of this review, USDA invites public comment to assist in analyzing its existing significant regulations to determine whether they should be modified, streamlined, expanded, or repealed. The focus of USDA's initial review is to identify areas where it can simplify and reduce the reporting burden on the public for entry and access to USDA programs, while simultaneously reducing its administrative and operating costs by sharing similar data across participating agencies.

We are advising the public of our decision to authorize the importation into the continental United States of fresh rambutan fruit (Nephelium lappaceum) from Malaysia and Vietnam. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh rambutan fruit from Malaysia and Vietnam.

This rule suspends the quality, inspection, reporting, and assessment requirements specified under the California nectarine and peach marketing orders (orders). The orders regulate the handling of nectarines and peaches grown in California. During recent referenda, less than the required two-thirds majority of growers, by number and production volume, favored continuation of the orders. After consideration of the referendum results and other factors, the Department of Agriculture (USDA) has decided to seek termination of the orders. Suspension of the handling regulations for the 2011 and subsequent marketing seasons will relieve handlers of all regulatory burden under the orders while USDA processes the terminations. Termination of the orders must be delayed until after a 60-day Congressional notification period following issuance of a proposed rule, which will be published in a future issue of the Federal Register.

This final rule terminates the Federal marketing order regulating the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and the rules and regulations issued thereunder. The Department of Agriculture (USDA) has determined that the marketing order is no longer an effective marketing tool for the fresh prune industry, and that termination best serves the current needs of the industry while also eliminating the costs associated with the operation of the marketing order.

This rule increases the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2011 and subsequent fiscal periods from $0.01 to $0.0125 per 18-pound lug of grapes handled. The Committee locally administers the marketing order, which regulates the handling of grapes grown in a designated area of southeastern California. Assessments upon grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.

The Ravalli County Resource Advisory Committee will meet in Hamilton, Montana. The purpose of the meeting is to have presentations of projects for 2011.

The Commodity Credit Corporation (CCC) announces that it is inviting proposals for the 2012 Market Access Program (MAP). The intended effect of this notice is to solicit applications from eligible applicants and to award funds in October 2011. The MAP is administered by personnel of the Foreign Agricultural Service (FAS).

The Commodity Credit Corporation (CCC) announces that it is inviting proposals for the 2012 Foreign Market Development Cooperator (Cooperator) program. The intended effect of this notice is to solicit applications from eligible applicants for 2012 and to award funds in October 2011. The Cooperator program is administered by personnel of the Foreign Agricultural Service (FAS).

The Humboldt-Toiyabe National Forest (HTNF) will prepare an environmental impact statement (EIS) to evaluate certain National Forest System (NFS) lands for geothermal leasing availability. The project area includes NFS lands on the HTNF in Douglas, Lyon, Mineral, Lander, Nye and White Pine County, NV.

The Forest Service, U.S. Department of Agriculture (USDA), is proposing to establish a State-specific rule to provide management direction for conserving and managing inventoried roadless areas on National Forest System (NFS) lands in Colorado. A proposed rule was published in the July 25, 2008, Federal Register. In response to public comment on the 2008 Proposed Rule and a revised petition submitted by the State of Colorado on April 6, 2010, the Forest Service is publishing a new proposed rule. The Agency is inviting public comment on this new proposed rule and accompanying revised draft environmental impact statement (RDEIS). The Agency is interested in public comments on the changes to exceptions and prohibitions on activities in roadless areas that have been developed in response to public comments on the 2008 Proposed Rule. The Agency is particularly interested in receiving public comments on the concept, management, and rationale for designation of specific areas within Colorado Roadless Areas identified as ``upper tier.'' In this proposed rule, these areas are provided a higher level of protection than the 2001 Roadless Rule,

The Elko County Resource Advisory Committee (RAC) will hold its first meeting.

The Pennington County Resource Advisory will meet in Rapid City, SD. 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 meetings is to begin formation of the Resource Advisory Committee.

The Rural Business-Cooperative Service (Agency) is establishing an interim rule for the Rural Energy for America Program (REAP), which is authorized under the Food, Conservation, and Energy Act of 2008. This interim rule modifies the existing grant and guaranteed loan program for renewable energy systems and energy efficiency improvements. In addition, it adds a grant program for feasibility studies for renewable energy systems and a grant program for energy audits and renewable energy development assistance, as provided in the Food, Conservation, and Energy Act of 2008.

The Central Montana Resource Advisory Committee will meet in Stanford, Montana. 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 hold the first meeting of the newly formed committee.