Department of Agriculture 2011 – Federal Register Recent Federal Regulation Documents

The Commodity Credit Corporation (CCC) is making available a document regarding two consolidated determinations with respect to the current methods used to calculate manufacturer and importer assessments that fund the Tobacco Transition Payment Program (TTPP). It is in response to challenges raised in two lawsuitsPrime Time International Co. v. Vilsack et al. and Philip Morris USA Inc. v. Vilsack et al. involving the terms and construction of the Fair and Equitable Tobacco Reform Act of 2004 (FETRA). Both matters involve the question of what is a ``share of gross domestic volume'' within the meaning of FETRA and the question of what is to be done with those ``shares'' in calculating program liabilities. Because the outcomes of these two lawsuits have the potential to affect not only the plaintiffs, but also all other importers and manufacturers, public availability of a USDA determination is warranted.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21).

This notice announces the intention of the National Agricultural Statistics Service (NASS) to suspend the Distillers Co- Products survey currently approved under docket 0535-0247.

This notice announces the intention of the National Agricultural Statistics Service (NASS) to reduce the currently approved information collections for chemical use surveys approved under OMB 0535-0218. The chemical use surveys included in this docket are: Agricultural Resource Management Survey Phase II (ARMS II), Vegetable Chemical Use Survey, Fruit Chemical Use Survey, and Post Harvest Chemical Use Survey. The Post Harvest survey was suspended under a previous notice. The ARMS II Chemical Use Survey is normally conducted every year and it consists of two versions; Production Practices and Costs Report (PPCR), and the Production Practices Report (PPR). The PPR component is conducted with NASS-only funding to gather field crop chemical use data. The PPCR is co-funded by a cooperative agreement with the USDA Economic Research Service (ERS). The PPCR component efficiently collects costs associated with the various production practices to complete the cost of production estimates for ARMS targeted crop commodities. The ARMS Phase II-PPCR efficiently collects detailed cropping practice and cost data by focusing on field-level and expanding to whole farm, thus greatly reducing respondent burden while maintaining accuracy of reported data. For the 2011 crop year, NASS is making no changes to the Fruit Chemical Use survey and Field Crops Chemical Use survey. Barley and sorghum are the targeted crops for Field Crops Chemical Use survey. Please note that wheat and soybeans were originally in the 2011 crop year but were moved to 2012 crop year due to current budget cuts.

On November 8, 2011, a final rule was published in the Federal Register (76 FR 69094) establishing an industry-funded promotion, research, and information program for fresh cut Christmas trees, effective November 9, 2011. Due to recent events, the regulations are stayed in order to provide all interested persons, including the Christmas tree industry and the general public, an opportunity to become more familiar with the program.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Colorado Serum Company of Denver, Colorado, an exclusive license to U.S. Patent Application Serial No. 12/487,179, ``THE USE OF GNRH AND ANALOGS THEREOF FOR THE PREVENTION AND TREATMENT OF PET FERRET ADRENOCORTICAL HYPERPLASIA'', filed on June 18, 2009.

The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations, Pecan Revenue Crop Insurance Provisions. The intended effect of this action is to provide policy changes, to clarify existing policy provisions to better meet the needs of insured producers, and to reduce vulnerability to program fraud, waste, and abuse. The proposed changes will be effective for the 2013 and succeeding crop years.

The Forest Service will prepare an Environmental Impact Statement (EIS) for a proposal to manage non-native invasive plant (NNIP) species on National Forest System (NFS) lands within the boundaries of the Idaho Panhandle National Forests (IPNF). This area is approximately 2.5 million acres in size and includes portions of the following states and counties; Benewah, Bonner, Boundary, Clearwater, Shoshone, Kootenai and Latah counties in Idaho; Lincoln and Sanders counties in Montana; and Pend Oreille County in Washington. The proposal includes both an Integrated Weed Management (IWM) approach as well as an adaptive management strategy to prevent or limit the introduction, establishment and/or spread of NNIP. The use of registered herbicides is one of the various treatment methods that are proposed. The overall project goal is to reduce the undesirable impacts that these invasive species can have on native plant communities and other ecological, social or economic values.

In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are seeking comments from all interested individuals and organizations on an extension of a currently approved information collection associated with the report of acreage for the Noninsured Crop Disaster Assistance Program (NAP). This information collection is needed to administer the program.

The Farm Service Agency (FSA) proposes to amend the disaster designation regulations with simplified procedures for designating USDA Secretarial disaster areas. Proposed changes to the regulation would delegate the designation authority to FSA State officials, remove the requirement that a request for designation of a disaster area be initiated and submitted by a State Governor or Indian Tribal Council to the Secretary, add a simplified disaster designation in severe drought situations, and change the USDA Secretarial disaster designation process from six steps to two steps for natural disasters, including special provisions for certain drought situations. FSA proposes to move the regulations to the same chapter of the Code of Federal Regulations (CFR) as the FSA Emergency Loan (EM) Program regulations. FSA expects the amended procedures would result in faster designations of disaster areas, and result in more timely disaster assistance.

The Klamath National Forest will prepare an environmental impact statement (EIS) to document and publically disclose the environmental effects of implementing the Pumice Vegetation Management project. The project is being developed to address deteriorating forest health conditions, increasing hazardous fuel conditions, and reduced ecological diversity all caused by a century of fire exclusion, and past management activities.

This is a recommended decision regarding proposed amendments to Marketing Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. These amendments were proposed by the Cherry Industry Administrative Board (CIAB), which is responsible for local administration of the order. These amendments would revise: Section 930.10, the definition of ``Handle,'' Section 930.50, ``Marketing Policy,'' and Section 930.58, ``Grower Diversion Privilege.'' The proposed amendments are intended to improve the operation and administration of the order. This recommended decision invites written exceptions on the proposed amendments.

On October 27, 2011, USDA submitted a proposed rule concerning grants to assist agricultural employers and farm workers by improving the supply, stability, safety, and training of the agricultural labor force. The Department intended this document to be submitted as an interim rule. Therefore, the proposed rule is withdrawn. In the Rules and Regulations section of this issue of the Federal Register, USDA is publishing the interim rule.

This final rule establishes procedures for conducting a referendum to determine whether the continuation of the Christmas Promotion, Research, and Information Order (Order) is favored by domestic producers and importers of Christmas trees. This program will be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The 1996 Act allows for a referendum to be conducted up to three years after the effective date of the Order. The program will be continued if approved by a simple majority of the current eligible domestic producers and importers voting in the referendum. These procedures will also be used for any subsequent referendum under the Order. The Order is being published separately in this issue of the Federal Register.

This rule establishes an industry-funded promotion, research, and information program for fresh cut Christmas trees. The Christmas Tree Promotion, Research, and Information Order (Order) is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The Order will establish a national Christmas Tree Promotion Board (Board) comprised of 11 producers and one importer. Under the Order, producers and importers of fresh cut Christmas trees will pay an initial assessment of fifteen cents per Christmas tree. Producers and importers that produce or import less than 500 Christmas trees annually will be exempt from the assessment. A referendum will be conducted, among producers and importers, three years after the collection of assessments begin to determine if Christmas tree producers and importers favor the continuation of this program.

This document contains corrections to the final rule published on August 31, 2011, regarding the Cotton Board Rules and Regulations and the adjustment to the supplemental assessment collected for use by the Cotton Research and Promotion Program. Corrections are made to section 1205.510 of the final rule to remove expired Harmonized Tariff Schedule (HTS) codes and HTS codes representing ensembles, which are strictly used for statistical reporting. Furthermore, conversion factors and assessment rates for two HTS codes, which were inadvertently excluded from the final rule, are added, and clerical errors associated with three different HTS codes are corrected.

The Ashley National Forest Resource Advisory Committee was scheduled to meet on November 10, 2011 from 6 to 8 p.m. in the Forest Supervisor's Office located at 355 North Vernal Avenue, Vernal Utah 84078. 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 expired 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 amending the fruits and vegetables regulations to allow the importation of French beans and runner beans from the Republic of Kenya into the United States. As a condition of entry, both commodities will have to be produced in accordance with a systems approach that would include requirements for packing, washing, and processing. Both commodities will also be required to be accompanied by a phytosanitary certificate attesting that all phytosanitary requirements have been met and that the consignment was inspected and found free of quarantine pests. This action will allow for the importation of French beans and runner beans from the Republic of Kenya into the United States while continuing to provide protection against the introduction of plant pests.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces two meetings of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21).

The National Urban and Community Forestry Advisory Council will meet in Lake Buena Vista, FL, November 15-16, 2011, at the Coronado Springs Hotel. The purpose of the Council's meeting is to discuss the Council's plan of work, recommendations and accomplishments. Council will also host a listening session and document the public's input on the Vibrant City Initiative.

We are proposing to amend the plants for planting regulations to provide conditions for the importation into the continental United States of Dracaena spp. plants from Costa Rica. These conditions would apply to plants less than 460 mm in length, which are currently allowed to be imported, and would also allow for the importation of plants over 460 mm and up to 1,371.6 mm in length, which are currently prohibited. As a condition of entry, Dracaena spp. plants from Costa Rica would have to be produced in accordance with integrated pest risk management measures that would include requirements for registration of places of production and packinghouses, a pest management plan, inspection for quarantine pests, sanitation, and traceability from place of production through the packing and export facility and to the port of entry into the United States. All Dracaena spp. plants from Costa Rica would also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that all conditions for the importation of the plants have been met and that the consignment of plants has been inspected and found free of quarantine pests. This action would allow for the importation of oversized Dracaena spp. plants from Costa Rica into the United States while continuing to provide protection against the introduction of quarantine pests.

This notice announces the appointment of the members of the Senior Executive Service (SES), Senior Level (SL), and Scientific or Professional (ST) Performance Review Boards (PRB) for the Department of Agriculture, as required by 5 U.S.C. 4314(c)(4). The PRBs are a group of executives responsible for the oversight of the performance management and compensation processes for SES employees. A PRB reviews the rating official's initial summary ratings of SES employees and makes recommendations for official ratings, performance awards, and base salary increases.