Department of Agriculture June 2013 – Federal Register Recent Federal Regulation Documents
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National Organic Program: Request for an Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of the currently approved information collection National Organic Program (NOP) Reporting and Recordkeeping Requirements.
Notice of Available Funding and Grant Application Deadlines
The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), announces the availability of $17,531,000 in grant funds and solicitation of applications for the Distance Learning and Telemedicine (DLT) Grant Program for the Fiscal Year (FY) 2013 competition.
Potato Research and Promotion Plan; Amend the Administrative Committee Structure and Delete the Board's Mailing Address
This proposal invites comments on amending the structure of the Administrative Committee (Committee) of the U.S. Potato Board (Board) and deleting the Board's mailing address from the Potato Research and Promotion Plan. The Plan is administered by the Board with oversight by the U.S. Department of Agriculture (USDA). Under the Plan, there are seven Committee Vice-Chairperson positions. The Board has recommended that these positions be increased to nine. This proposed change is intended to facilitate increased involvement in the Board's leadership opportunities. Further, the Board's office is being relocated and the address must be changed in the Plan. The deletion of the Board's mailing address from the Plan would require no further amendment to the Plan if the Board's office is relocated again.
Notice of Request for Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request for an extension and revision of a currently approved information collection for Fruit and Vegetable Market News.
Definition of a Ski Area
The Forest Service is amending the definition of a ski area in its regulations to make it consistent with the authority in section 3 of the Ski Area Recreational Opportunity Enhancement Act (SAROEA) of 2011 to allow authorization of other snow sports besides Nordic and alpine skiing and, in appropriate circumstances, other seasonal and year-round natural resource-based recreation activities and associated facilities at ski areas on National Forest System (NFS) lands, provided that authorization of these other activities and facilities would not change the primary purpose of the ski areas to a purpose other than skiing and other snow sports.
National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010
This interim final rule amends the National School Lunch Program and School Breakfast Program regulations to establish nutrition standards for all foods sold in schools, other than food sold under the lunch and breakfast programs. Amendments made by Section 208 of the Healthy, Hunger-Free Kids Act of 2010 (HHFKA) require the Secretary to establish nutrition standards for such foods, consistent with the most recent Dietary Guidelines for Americans, and directs the Secretary to consider authoritative scientific recommendations for nutrition standards; existing school nutrition standards, including voluntary standards for beverages and snack foods; current State and local standards; the practical application of the nutrition standards; and special exemptions for infrequent school-sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, [agrave] la carte sales and any other exclusions determined by the Secretary). In addition, this interim final rule requires schools participating in the National School Lunch Program and School Breakfast Program to make potable water available to children at no charge in the place where lunches are served during the meal service, consistent with amendments made by section 203 of the HHFKA, and in the cafeteria during breakfast meal service. This interim final rule is expected to improve the health and well-being of the Nation's children, increase consumption of healthful foods during the school day, and create an environment that reinforces the development of healthy eating habits.
Availability of Guidance: Establishments Guidance for the Selection of a Commercial or Private Microbiological Testing Laboratory
The Food Safety and Inspection Service (FSIS) is announcing the availability of final guidance for federally inspected establishments in the selection of commercial and private microbiological testing laboratories. FSIS has posted this policy guidance on its Web page https://www.fsis.usda.gov/wps/portal/fsis/ topics/regulatory-compliance/compliance-guides-index. FSIS encourages establishments that prepare meat, poultry, or processed egg products to consider the criteria in the guidance in selecting commercial or private microbiological testing laboratories and in determining the laboratories' capability to produce accurate and reliable results. Regulated establishments are required to introduce into commerce only meat, poultry, or processed egg products that are safe and not adulterated or misbranded. Establishments that select laboratories that do not apply appropriate testing methods or maintain effective Quality Control or Quality Assurance (QC/QA) practices may not receive reliable or useful test results and thus run the risk of not being aware that the food that they have produced is unsafe.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the above-named Agencies to request an extension for a currently approved information collection in support of debt settlement of Community Facilities and Direct Business Program Loans and Grants.
Information Collection: Power of Attorney
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and organizations on the extension with a revision of a currently approved information collection associated with the Power of Attorney. This information collection is used to support the FSA, Commodity Credit Corporation (CCC), Natural Resources Conservation Service (NRCS), Federal Crop Insurance Corporation (FCIC) and Risk Management Agency (RMA) in conducting business and accepting signatures on documents from individuals acting on behalf of other individuals or entities.
Information Collection; Application for Payment of Amounts Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent
In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are requesting comments from all interested individuals and organizations on an extension of a currently approved information collection. The CCC and FSA are using the collected information to determine whether representatives or survivors of a producer are entitled to receive payments earned by a producer who dies, disappears, or is declared incompetent before receiving payments or other disbursements.
Increase in Fees for Voluntary Federal Dairy Grading and Inspection Services
This final rule increases the fees for voluntary Federal dairy grading and inspection services. The fees will increase 10 percent effective August 2013 and an additional 10 percent effective February 2014. The fees applicable to European Union Health Certification Program derogation requests are unchanged. Dairy grading and inspection services are voluntary and are financed in their entirety through user fees assessed to participants using the program. Despite the adoption of technologies that have improved services, additional changes in operations that enhanced efficiencies, and reduced employee numbers, increases in salaries, technology investments, and general inflation have more than offset savings resulting in the need to increase fees. AMS estimates the fee increase will result in an overall cost increase to the industry of less than $0.0004 per pound of dairy product graded.
Notice of Change to the CCC Sugar Purchase and Exchange To Include Certificates of Quota Eligibility Issued Pursuant to the United States-Colombia Trade Promotion Agreement and United States-Panama Trade Promotion Agreement
The Commodity Credit Corporation (CCC) announces the intent to include Certificates of Quota Eligibility (CQEs) issued under the United States-Colombia Trade Promotion Agreement (U.S.-Colombia TPA) and the United States-Panama Trade Promotion Agreement (U.S.-Panama TPA) in the sugar purchase and exchange announced on June 18, 2013.
Bitterroot National Forest, Darby Ranger District, Como Forest Health Project
The Department of Agriculture (USDA), Forest Service, Bitterroot National Forest, Darby Ranger District published a document in the Federal Register of June 17, 2013, concerning notice of intent to prepare an environmental impact statement. The document contained incorrect distance of the project area from Darby, Montana.
Area Risk Protection Insurance Regulations and Area Risk Protection Insurance Crop Provisions
The Federal Crop Insurance Corporation (FCIC) finalizes the Area Risk Protection Insurance (ARPI) Basic Provisions, ARPI Barley Crop Insurance Provisions, ARPI Corn Crop Insurance Provisions, ARPI Cotton Crop Insurance Provisions, ARPI Forage Crop Insurance Provisions, ARPI Grain Sorghum Crop Insurance Provisions, ARPI Peanut Crop Insurance Provisions, ARPI Soybean Crop Insurance Provisions, and ARPI Wheat Crop Insurance Provisions to provide area yield protection and area revenue protection. These provisions will replace the Group Risk Plan (GRP) provisions in 7 CFR part 407, which includes the: GRP Basic Provisions, GRP Barley Crop Provisions, GRP Corn Crop Provisions, GRP Cotton Crop Provisions, GRP Forage Crop Provisions, GRP Peanut Crop Provisions, GRP Sorghum Crop Provisions, GRP Soybean Crop Provisions, and GRP Wheat Crop Provisions. The ARPI provisions will also replace the Group Risk Income Protection (GRIP) Basic Provisions, the GRIP Crop Provisions, and the GRIP-Harvest Revenue Option (GRIP-HRO). The GRP and GRIP plans of insurance will no longer be available. The intended effect of this action is to offer producers a choice of Area Revenue Protection, Area Revenue Protection with the Harvest Price Exclusion, or Area Yield Protection, all within one Basic Provision and the applicable Crop Provisions. This will reduce the amount of information producers must read to determine the best risk management tool for their operation and will improve the provisions to better meet the needs of insureds. The changes will apply for the 2014 and succeeding crop years.
Household Water Well System Grant Program Announcement of Application Deadlines and Funding
The Rural Utilities Service (RUS) announces the availability of $917,221 in grant funds to be competitively awarded for the Household Water Well System (HWWS) Grant Program for fiscal year 2013 (FY 2013). RUS will make grants to qualified private non-profit organizations to establish lending programs for homeowners to borrow up to $11,000 to construct or repair household water wells for an existing home. The HWWS Grant Program is authorized under 7 USC 1926e. Regulations may be found at 7 CFR part 1776. Of particular note this year, the RUS, in an effort to address the extreme drought conditions in rural areas, will assign administrative discretion points to applications proposing to serve areas with severe, extreme or exceptional drought, as reported by the U.S. Drought Monitor located at https://droughtmonitor.unl.edu/.
Inviting Applications for the Rural Economic Development Loan and Grant Program for Fiscal Year 2013
This Notice is to invite applications for loans and grants under the Rural Economic Development Loan and Grant (REDLG) program pursuant to 7 CFR part 4280, subpart A for fiscal year (FY) 2013. Funding to support $33 million in loans and $10 million in grants is currently available. The commitment of program dollars will be made to applicants of selected responses that have fulfilled the necessary requirements for obligation. All applicants are responsible for any expenses incurred in developing their applications.
Notice of Request for Extension of Approval of an Information Collection; Cooperative Agricultural Pest Survey
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 the Cooperative Agricultural Pest Survey.
Notice of Request for Extension of Approval of an Information Collection; Importation of Shepherd's Purse From the Republic of Korea Into the United States
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 in support of the regulations for the importation of shepherd's purse from the Republic of Korea into the United States.
Notice of Request for Extension of Approval of an Information Collection; Untreated Oranges, Tangerines, and Grapefruit From Mexico Transiting the United States to Foreign Countries
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 the regulations for the transit of untreated oranges, tangerines, and grapefruit from Mexico through the United States to foreign countries.
Notice of Request for Extension of Approval of an Information Collection; Export Health Certificate for Animal Products
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 the export of animal products from the United States.
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Panels F and G Lease and Mine Plan Modification Project at Smoky Canyon Mine, Caribou County, ID
In compliance with the National Environmental Policy Act (NEPA) of 1969, the Federal Land Policy and Management Act (FLPMA) of 1976, and the Mineral Leasing Act of 1920, as amended, notice is hereby given that the U.S. Department of the Interior, Bureau of Land Management (BLM), Pocatello Field Office, and the U.S. Department of Agriculture, Forest Service (USFS), Caribou-Targhee National Forest (CTNF), will jointly prepare an environmental impact statement (EIS) to determine and analyze the effects of approving a proposed phosphate mine lease and mine plan modifications (the Proposed Action) on Federal mineral leases held by the J.R. Simplot Company (Simplot), in southeastern Idaho. The EIS will tier to the Final EIS prepared by the BLM and USFS for Panels F and G at Smoky Canyon Mine in 2007 and will consider the effects of the proposed lease and mine plan modifications.
Forest Resource Coordinating Committee; Meeting
The Forest Service published a document in the Federal Register of June 6, 2013, concerning a notice of meeting containing an incorrect teleconference line.
Privacy Act Systems of Records; Phytosanitary Certificate Issuance and Tracking System
The Animal and Plant Health Inspection Service proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records is the Phytosanitary Certificate Issuance and Tracking System, USDA-APHIS-13. This notice is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency.
International Standard-Setting Activities
This notice informs the public of the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (Codex), in accordance with section 491 of the Trade Agreements Act of 1979, as amended, and the Uruguay Round Agreements Act, Public Law 103-465, 108 Stat. 4809. This notice also provides a list of other standard-setting activities of Codex, including commodity standards, guidelines, codes of practice, and revised texts. This notice, which covers the time periods from June 1, 2012, to May 31, 2013, and June 1, 2013, to May 31, 2014, seeks comments on standards under consideration and recommendations for new standards.
WTO Agricultural Quantity-Based Safeguard Trigger Levels
This notice lists the updated quantity-based trigger levels for products which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice also includes the relevant period applicable for the trigger levels on each of the listed products.
Notice of Request for Extension and Revision of a Currently Approved Information Collection for Voluntary Grading of Poultry Products and Rabbit Products
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval, from the Office of Management and Budget, for an extension of and revision to the currently approved information collection in support of the Regulations for Voluntary Grading of Poultry Products and Rabbit Products7 CFR Part 70.
Consolidation of Permit Procedures; Denial and Revocation of Permits
We are proposing to consolidate the regulations concerning the issuance of permits for the importation and interstate movement of a wide variety of regulated plants, plant products, and other articles. We would also make corresponding changes to the regulations concerning permits for the importation and interstate movement of noxious weeds and the importation of honeybees and other beekeeping articles. We are also proposing to include new provisions in our regulations for the denial of a permit and the revocation of a permit once issued. These changes would make our permit procedures more transparent and easier to use, allow us to evaluate a permit application more quickly and thoroughly, and help us hold permittees accountable for complying with permit conditions.
Notice of a Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act, this notice announces the Foreign Agricultural Service's intention to request an extension for a currently approved information collection in support of the regulation providing for the issuance of certificates of quota eligibility (CQEs) required to enter sugar and sugar-containing products under tariff-rate quotas (TRQs) into the United States.
Peanut Standards Board
The Farm Security and Rural Investment Act of 2002 (2002 Farm Bill) requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection as Board members for terms of office ending June 30, 2016. Selected nominees would replace three producer and three industry representatives who currently serve on the Board and have terms of office that end June 30, 2013. Also, one individual would fill a currently vacant industry position for a term of office ending June 30, 2015. The Board consists of 18 members representing producers and the industry. USDA values diversity. In an effort to obtain diversity among candidates, USDA encourages the nomination of men and women of all racial and ethnic groups and persons with a disability.
Plant Variety Protection Board; Open Teleconference Meeting
This notice is intended to notify the public of their opportunity to attend an open meeting of the Plant Variety Protection Board.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Continuance Referendum
This document directs that a referendum be conducted among eligible producers of sweet onions in the Walla Walla Valley of southeast Washington and northeast Oregon, to determine whether they favor continuance of the marketing order regulating the handling of sweet onions produced in the production area.
Pioneer Hi-Bred International, Inc.; Determination of Nonregulated Status of Maize Genetically Engineered for Herbicide and Insect Resistance
We are advising the public of our determination that a maize line developed by Pioneer Hi-Bred International Inc., designated as maize event DP-[Oslash][Oslash]4114-3, which has been genetically engineered to be resistant to certain lepidopteran and coleopteran pests and to the herbicide glufosinate, is no longer considered a regulated article under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Pioneer Hi-Bred International, Inc., in its petition for a determination of nonregulated status, our analysis of available scientific data, and comments received from the public in response to our previous notice announcing the availability of the petition for nonregulated status and its associated environmental assessment and plant pest risk assessment. This notice also announces the availability of our written determination and finding of no significant impact.
Codex Alimentarius Commission: Meeting of the Codex Committee on Residues of Veterinary Drugs in Food
The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA) are sponsoring a public meeting on August 5, 2013. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the 21st Session of the Codex Committee on Residues of Veterinary Drugs in Foods (CCRVDF) of the Codex Alimentarius Commission (Codex), which will be held in Minneapolis, Minnesota from August 26- 30, 2013. The Under Secretary for Food Safety and the Food and Drug Administration recognize the importance of providing interested parties the opportunity to obtain background information on the 21st Session of CCRVDF, and to address items on the agenda.
Adoption of Final Environmental Assessment (UT-040-09-03) Prepared for the Upper Kanab Creek Watershed Vegetation Management Project
The United States Department of Agriculture, Natural Resources Conservation Service (NRCS) announces its intent to adopt the Kanab Creek Watershed Vegetation Management Project EA, as prepared by the U.S. Department of Interior's Bureau of Land Management (BLM), under the provisions of the Council on Environmental Quality (CEQ) regulations (40 CFR 1506.3).
Notice of Availability of a Treatment Evaluation Document; Methyl Bromide Fumigation of Blueberries
We are advising the public that we have determined that it is necessary to immediately add to the Plant Protection and Quarantine Treatment Manual an additional treatment schedule for methyl bromide fumigation of blueberries for Mediterranean fruit fly and South American fruit fly. We have prepared a treatment evaluation document that describes the new treatment schedule and explains why we have determined that it is effective at neutralizing these fruit flies. We are making the treatment evaluation document available to the public for review and comment.
Notice of Request for Extension of Approval of an Information Collection; Importation of Plants for Planting
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 the regulations for the importation of plants for planting.
Notice of Sugar Purchase and Exchange for Re-Export Program Credits; and Notice of Re-Export Program Time Period Extension
This notice concerns two separate actions. First, the Commodity Credit Corporation (CCC) announces the intent to purchase sugar to be offered in exchange for Refined Sugar Re-export Program credits. CCC will purchase sugar from domestic sugarcane processors or beet processors under the Cost Reduction Options of the Food Security Act of 1985, and concurrently exchange such sugar for credits under the Refined Sugar Re-export Program. Second, USDA announces a waiver to provide an extension of the time period from 90 days to 270 days in which licensed refiners must export or transfer sugar under the Refined Sugar Re-export Program.
Notice of Funds Availability for the Section 533 Housing Preservation Grants for Fiscal Year 2013
The Rural Housing Service (RHS), an Agency within Rural Development, announces that it is soliciting competitive applications under its Housing Preservation Grant (HPG) program. The HPG program is a grant program which provides qualified public agencies, private non- profit organizations including, but not be limited to, faith-based and community organizations, and other eligible entities, grant funds to assist very low- and low-income homeowners in repairing and rehabilitating their homes in rural areas. In addition, the HPG program assists rental property owners and cooperative housing complexes in repairing and rehabilitating their units if they agree to make such units available to low- and very low-income persons. This action is taken to comply with RHS regulations found in 7 CFR part 1944, subpart N, which require RHS to announce the opening and closing dates for receipt of pre-applications for HPG funds from eligible applicants. The intended effect of this Notice is to provide eligible organizations notice of these dates.
U.S. Department of Agriculture Multi-Family Housing Section 515-Underserved Counties and Colonias and Non-Profits
Through this Notice, the Rural Housing Service (RHS) announces the duration of time in Fiscal Year 2013 set-aside amounts will be available for Section 515 program non-profits and underserved areas. This Notice also outlines the reallocation process for the set-aside funds not obligated within the time period established in this Notice.
Rural Development Voucher Program
The United States Department of Agriculture (USDA) in Fiscal Year 2006 established the demonstration Rural Development Voucher Program, as authorized under Section 542 of the Housing Act of 1949 as amended, (without regard to Section 542(b)). This Notice informs the public that funding is available for the Rural Development Voucher Program and also sets forth the general policies and procedures for use of these vouchers for Fiscal Year 2013. Pursuant to the requirements in the Consolidated and Further Continuing Appropriations Act, 2013, Rural Development Vouchers are only available to low-income tenants of Rural Development-financed multifamily properties where the Section 515 loan has been prepaid either through prepayment or foreclosure action, prior to the loan's maturity date and after September 30, 2005. RD Voucher issuance requested by eligible tenants will be made to the extent that funding may ultimately be made available to the Agency through appropriations.
National Advisory Council on Maternal, Infant and Fetal Nutrition; Notice of Meeting
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. APP., this notice announces a meeting of the National Advisory Council on Maternal, Infant and Fetal Nutrition.
Bitterroot National Forest, Darby Ranger District, Como Forest Health Project
The USDA Forest Service, Bitterroot National Forest will prepare an environmental impact statement (EIS) to document and disclose the effects analysis of the proposed Como Forest Health Project (Como FHP). The Como FHP covers approximately 5,640 acres of national forest land between Lake Como and Lost Horse Roads, about XX miles northwest of Darby in Ravalli County, Montana. The purpose of the Como FHP is to (1) reduce potential mortality of large diameter ponderosa pine caused by increasing mountain pine beetle populations; (2) reduce fuel loads and maintain the historic fire return interval; (3) improve forest resilience to dwarf mistletoe, root rot, Douglas-fir beetle, and spruce budworm; (4) and maintain the visual integrity of the larger Lake Como Recreation Area. Commercial harvest is proposed on about 1,860 acres, pre-commercial thinning on about 330 acres, and prescribed fire on about 3,000 acres to achieve the purposes of the Como FHP. Three sections of road totaling about 0.8 of a mile are proposed for construction to support the timber harvest. The roads would be closed after timber operations. Site-specific Bitterroot National Forest Plan amendments may be proposed for coarse woody debris, snags, elk habitat effectiveness, thermal cover, old growth, and visual quality.
Notice of Intent To Request New Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Economic Research Service's intention to request approval for a new information collection for a Survey on Rural Community Wealth and Health Care Provision.
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