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

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection. This information collection is based on the Robert T. Stafford Disaster Relief and Emergency Assistance Act and Section 5(h) of the Food and Nutrition Act of 2008, which provide the Secretary of Agriculture with the authority to develop a Disaster Supplemental Nutrition Assistance Program (D-SNAP) to address the needs of families temporarily in need of food assistance after a disaster. The information collection under this notice is required for the establishment and operation of a D-SNAP.

This interim rule amends National School Lunch Program regulations to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010 regarding performance-based cash assistance for school food authorities certified compliant with meal pattern and nutrition standards. This rule requires State agencies to certify participating school food authorities (SFAs) that are in compliance with meal pattern and nutrition standard requirements as eligible to receive performance-based cash assistance for each reimbursable lunch served (an additional six cents per lunch available beginning October 1, 2012 and adjusted annually thereafter). This rule also requires State agencies to disburse performance-based cash assistance to certified SFAs, and withhold the performance-based cash assistance if the SFA is determined to be out of compliance with meal pattern or nutrition standards during a subsequent administrative review. The intended effect of this rule is to provide additional funding for SFAs to implement new meal pattern requirements, thus increasing the healthfulness of meals served to school children.

The Rural Utilities Service (RUS) has issued a Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) associated with a solar generation project. The EA was prepared in accordance with the National Environmental Policy Act (NEPA), the Council on Environmental Quality's (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR Parts 1500-1508) and RUS's NEPA implementing regulations (7 CFR Part 1794, Environmental Policies and Procedures). The EA evaluates the environmental impacts associated with a potential loan or loan guarantee to Turning Point Solar LLC (Turning Point Solar) for the proposal. RUS is considering funding this proposal.

This final rule establishes the process and procedures to certify a qualifying college or university as a Hispanic-Serving Agricultural Colleges and Universities (HSACU) institution. NIFA will publish 7 CFR part 3434 in the Code of Federal Regulations to chronicle the eligibility criteria colleges and universities must satisfy in order to be certified as HSACU institutions by the Secretary of Agriculture. The Food, Conservation, and Energy Act of 2008 (FCEA) amended section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to add a definition for a new group of cooperating educational institutions known as Hispanic-Serving Agricultural Colleges and Universities. Section 1404 defines HSACUs as colleges and universities that qualify as Hispanic-serving Institutions (HSIs) and offer associate, bachelors, or other accredited degree programs in agriculture-related fields. HSACUs do not include 1862 land-grant institutions, as defined in the Agricultural Research, Extension, and Education Reform Act of 1998. A separate part, 7 CFR part 3437, will be published in the future to provide specific administrative provisions for the HSACU Endowment Program (e.g., applicability of regulations, purpose, definitions, eligibility, use of funds, administrative duties, and other sections, as appropriate).

In accordance with the Privacy Act of 1974, as amended, the Department of Agriculture (USDA) is proposing to add a new Forest Service system to its inventory of records systems. USDA invites public comment on this new records system.

The Rural Business-Cooperative Service announces the availability of approximately $3 million in competitive grant funds for the FY 2012 SSDPG program. See the Consolidated and Further Continuing Appropriations Act, 2012 (2012 Appropriations Act) (Pub. L. 112-55). We request proposals from applicants that will provide technical assistance to small, socially-disadvantaged agricultural producers in rural areas. Eligible applicants include Cooperatives, Groups of Cooperatives, and Cooperative Development Centers. The maximum award per grant is $175,000.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's intention to request an extension for a currently approved information collection in support of the program for the 1890 Land Grant Institutions Rural Entrepreneurial Outreach and Development Initiative Program.

The Grand Mesa, Uncompahgre and Gunnison National Forests (GMUG) must decide whether or not to consent to Bureau of Land Management (BLM) modifying the Federal Coal Leases COC-1362 and COC- 67232 by adding 800 and 922 acres, respectively, to them. If the GMUG does consent to lease, it will prescribe conditions (as stipulations) for the protection of non-mineral resources

This rule invites comments on proposed revisions to the primary inventory reserve capacity and the exemption provisions applicable to handler diversion activities 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 action would increase the volume of tart cherries that can be placed in the primary inventory reserve from 50 million pounds to 100 million pounds and would revise exemption provisions by limiting diversion credits for new market development and market expansion activities to one year. These changes are intended to facilitate sales and lessen the impact of market expansion activities on volume restriction calculations.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to request a new information collection regarding laboratories that conduct testing associated with FSIS regulatory programs.

The Food Safety and Inspection Service (FSIS) is announcing the dollar limitations on the amount of meat and meat food products and poultry and poultry products that a retail store can sell to hotels, restaurants, and similar institutions without disqualifying itself for exemption from Federal inspection requirements. In accordance with FSIS' regulations, for calendar year 2012, the dollar limitation for meat and meat food products is being increased from $61,900 to $67,300 and for poultry products from $50,200 to $51,700. FSIS is changing the dollar limitations from calendar year 2011 based on price changes for these products evidenced by the Consumer Price Index. DATES: Effective Date: This notice is effective April 24, 2012.

The Bridger-Teton National Forest received a request from the Wyoming Game and Fish Commission (WGFC) to continue to use facilities at Alkali Creek Feedground to conduct their winter elk feeding and related management programs. An environmental impact statement (EIS) studying this request was prepared in 2008; however a decision was not made on this feedground. The agency intends to supplement the EIS with information concerning changed circumstances. The proposed action is to issue the WGFC a Special Use Authorization (SUA) for the requested uses of Alkali Creek Feedground for up to twenty years.

The Commodity Credit Corporation (CCC) announces that it is inviting proposals for the 2013 Foreign Market Development Cooperator (Cooperator) program. The intended effect of this notice is to solicit applications from eligible applicants for 2013 and to set out criteria for the award of funds under the program in October 2012. The Cooperator program is administered by personnel of the Foreign Agricultural Service (FAS). The statutory authority for FMD expires at the end of fiscal year 2012. This notice is being published at this time to allow awards to be made early in fiscal year 2013, provided that the program is reauthorized prior to that time. In the event this program is not reauthorized, or is substantially modified, FAS will publish a notice in the Federal Register rescinding this Notice of Funds Availability.

The Commodity Credit Corporation (CCC) announces it is inviting proposals for the 2013 Quality Samples Program (QSP). The intended effect of this notice is to solicit applications from eligible applicants and to set out the criteria for the award of funds under the program in October 2012. QSP is administered by personnel of the Foreign Agricultural Service (FAS).

The U.S. Department of Agriculture (USDA) today announced a 51,000 short tons raw value (STRV) increase in the fiscal year (FY) 2012 Overall Allotment Quantity (OAQ), a reassignment of projected surplus beet sugar marketing allocations between beet processors, and a reassignment of surplus cane sugar marketing allotment from domestic sugarcane processors to a 420,000 STRV increase in the FY 2012 raw sugar tariff-rate quota (TRQ).

The following paragraph has been added to the beginning of the Summary portion of Federal Register Notice 77 FR 21067, April 9, 2012: The Risk Management Agency (RMA) is changing the Catalog of Federal Domestic Assistance (CFDA) Number from 10.460 to 10.459. The CFDA number is needed in order to process an application through Grants.gov. The original CFDA number 10.460 published in the Federal Register on April 9, 2012, is not valid. If you tried to process your application using 10.460, please login to Grants.gov and use CFDA Number 10.459. All other portions and sections of the full text Notice remain unchanged. The Federal Crop Insurance Corporation (FCIC), operating through the Risk Management Agency (RMA), announces its intent to award approximately $3,000,000 (subject to availability of funds) to fund the Risk Management Education and Outreach Partnerships Program. Purpose: The purpose of this competitive cooperative partnership agreement program is to deliver crop insurance education and risk management training to U.S. agricultural producers to assist them in identifying and managing production, marketing, legal, financial and human risk. The program gives priority to: (1) Educating producers of crops currently not insured under Federal crop insurance, specialty crops, and underserved commodities, including livestock and forage; and (2) providing collaborative outreach and assistance programs for limited resource, socially disadvantaged and other traditionally under-served farmers and ranchers. Education activities developed under the Risk Management Education and Outreach Partnerships Program shall provide U.S. farmers and ranchers with training and information opportunities to be able to understand: 1. The kinds of risks addressed by existing and emerging risk management tools; 2. The features and appropriate use of existing and emerging risk management tools; and 3. How to make sound risk management decisions. The minimum award for any cooperative partnership agreement is $20,000. The maximum award for any cooperative partnership agreement is $99,999. The cooperative partnership agreements will be awarded on a competitive basis up to one year from the date of the award. Awardees must demonstrate non-financial benefits from a cooperative partnership agreement and must agree to the substantial involvement of RMA in the project. Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programsCFDA No. 10.458 (Crop Insurance Education in Targeted States). Prospective applicants should carefully examine and compare the notices of each announcement. The collections of information in this Announcement have been approved by OMB under control numbers 0563-0066 and 0563-0067.

We are amending the fruits and vegetables regulations to allow the importation into the continental United States of pomegranates from Chile, subject to a systems approach. Under this systems approach, the fruit would have to be grown in a place of production that is registered with the national plant protection organization of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit would have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit would have to be inspected in Chile at an approved inspection site. Each consignment of fruit would have to 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 action will allow for the safe importation of fresh pomegranates from Chile using mitigation measures other than fumigation with methyl bromide.

The U. S. Department of Agriculture, Forest Service, Black Hills National Forest was required to cancel several meetings of the Black Hills National Forest Advisory Board (Board), while awaiting approval of the Board's re-charter package submitted to the Secretary, U.S. Department of Agriculture, during 2011. Meetings that were published in the Federal Register, Volume 75, Number 240, Wednesday, December 15, 2010, page 78209, and subsequently cancelled were scheduled for the following dates:

We are amending the fruits and vegetables regulations to allow the importation of fresh pitaya fruit from Central America into the continental United States. As a condition of entry, the pitaya fruit must be produced in accordance with a systems approach that includes requirements for monitoring and oversight, establishment of pest-free places of production, and procedures for packing the pitaya fruit. This action will allow for the importation of pitaya fruit from Central America into the continental United States while continuing to provide protection against the introduction of plant pests.

We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with the importation into the continental United States of fresh strawberry fruit from Egypt. Based on that analysis, 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 strawberry fruit from Egypt. We are making the pest risk analysis available to the public for review and comment.

We are adopting as a final rule, without change, an interim rule that amended the Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. Specifically, we removed areas and fields in Riverside County, CA, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. The interim rule was necessary to relieve restrictions on certain areas that were no longer necessary.