Department of Agriculture March 2012 – Federal Register Recent Federal Regulation Documents

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

The United States Department of Agriculture (USDA) is publishing the proposed guidance on the Title VI prohibition against national origin discrimination as it affects limited English proficient persons. Consistent with Title VI of the Civil Rights Act of 1964, as amended, Title VI regulations, and Executive Order 13166, ``Improving Access to Services for Persons with Limited English Proficiency (LEP),'' the guidance clarifies the obligations of entities that receive Federal financial assistance from USDA. The guidance does not create new obligations, but rather, provides guidance for USDA recipients in meeting their existing obligations to provide meaningful access for LEP persons.

In the Monday, November 21, 2011, Federal Register, Vol. 76. No. 224, the Natural Resources Conservation Service (NRCS) announced its intension to prepare an Environmental Impact Statement (EIS) for the rehabilitation of the Upper Deckers Creek Site 1, in Preston County, West Virginia. Preparation of an EIS is no longer planned at this time. The purpose of the project is to bring the dam up to current dam safety standards. NRCS policy requires that an EIS be prepared for watershed project activities that include stream channel realignment, increases in channel capacity, or projects that require congressional action or that have the potential to significantly affect the quality of the human environment. Upon review, it now appears that none of these conditions apply to the Upper Deckers Creek Site 1 dam rehabilitation project. Therefore, NRCS is withdrawing its Notice of Intent to prepare an EIS.

The Department of Agriculture (USDA), Forest Service, State and Private Forestry, Cooperative Forestry staff, published a document in the Federal Register of February 15, 2011, concerning requests for applications for the Community Forest and Open Space Conservation Program (Community Forest Program or CFP). The document contained incorrect funding information in section 2 (Award).

We are advising the public that the Animal and Plant Health Inspection Service (APHIS) is implementing changes to the way it solicits public comment when considering petitions for determinations of nonregulated status for genetically engineered organisms to allow for early public involvement in the process. Under the updated process, APHIS will publish two separate notices in the Federal Register for petitions for which APHIS prepares an environmental assessment. The first notice will announce the availability of the petition, and the second notice will announce the availability of APHIS' decisionmaking documents. This change will provide two opportunities for public involvement in the decisionmaking process.

The Land Between The Lakes Advisory Board will hold a meeting on April 19, 2012. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App 2. The meeting agenda will focus on existing Environmental Education programs and improving engagement with regional school groups. The meeting is open to the public. Written comments are invited and should be sent to William P. Lisowsky, Area Supervisor, Land Between The Lakes, 100 Van Morgan Drive, Golden Pond, KY 42211 and must be received by April 12, 2012 in order for copies to be provided to the members for this meeting. Board members will review written comments received, and at their request, oral clarification may be requested for a future meeting.

GIPSA is announcing the designation of Grain Inspection, Inc. (Jamestown); Lincoln Inspection Service, Inc. (Lincoln); Midsouth Grain Inspection Service (Midsouth); and Sioux City Grain Inspection and Weighing Service, Inc. (Sioux City) to provide official services under the United States Grain Standards Act (USGSA), as amended.

The Salmon-Challis National Forest announces its intent to prepare a supplemental environmental impact statement (SEIS) and revised record of decision (ROD) to the 2009 Salmon-Challis National Forest Travel Planning and OHV Route Designation Project FEIS and ROD as ordered by the District Court of Idaho in a February 4, 2011, memorandum decision and order. The order was filed in response to a January 22, 2010, complaint from The Wilderness Society and the Idaho Conservation League challenging the 2009 decision. Supplemental analysis to correct deficiencies identified by the Court could change the designation of some routes and areas currently open for motor vehicle use and/or change the types of motor vehicle uses and/or seasonal open periods allowed on roads, trails and areas authorized under the 2009 Travel Plan. Any motor vehicle route designation changes resulting from new or supplemental analysis would be dcoumented in a revised record of decision in addition to Court ordered instructions to clarify that a minimum road system determination has not been made (as stated in the original ROD).

This rule would establish the quantity of spearmint oil produced in the Far West, by class, that handlers may purchase from, or handle on behalf of, producers during the 2012-2013 marketing year, which begins on June 1, 2012. This rule invites comments on the establishment of salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 782,413 pounds and 38 percent, respectively, and for Class 3 (Native) spearmint oil of 1,162,473 pounds and 50 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.

This rule invites comments on the establishment of final free and restricted percentages for the 2011-12 crop year under the marketing order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin (order). The order is administered locally by the Cherry Industry Administrative Board (Board). This action would establish the proportion of tart cherries from the 2011 crop which may be handled in commercial outlets at 88 percent free and 12 percent restricted. These percentages should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns.

The Bureau of Land Management (BLM) published a Notice of Intent (NOI) on December 9, 2011 [76 FR 77008] to prepare environmental impact statements (EISs) and supplemental environmental impact statements to incorporate greater sage-grouse conservation measures into land use plans and land management plans. The BLM is the lead agency for this action and in the preparation of these EISs and Supplemental EISs and the Forest Service is participating as a cooperating agency. On February 10, 2012 [77 FR 7178] the BLM published a Notice of Correction that changed the names of the regions that are coordinating the Environmental Impact Statements and Supplemental EISs, extended the scoping period, and added 11 Forest Service Land Management Plans to this process. This notice has been published to ensure all stakeholders, interested in Forest Service activities, are aware of the Notice of Intent published by the BLM and are provided a complete list of potentially impacted forests and grasslands.

We are amending the regulations to provide for the importation of wooden handicrafts from China under certain conditions. From 2002 to 2005, the Animal and Plant Health Inspection Service (APHIS) issued more than 300 emergency action notices and conducted national recalls to remove infested Chinese-origin wooden handicrafts from the U.S. marketplace. In 2005, APHIS suspended the importation of certain wooden handicrafts until we could more fully analyze the pest risks associated with those articles. Based on evidence from a pest risk analysis, APHIS has determined that these articles can be safely imported from China, provided certain conditions are met. This action allows for trade in Chinese wooden handicrafts to resume while continuing to protect the United States against the introduction of plant pests.