Department of Agriculture October 2013 – Federal Register Recent Federal Regulation Documents

The Land Between The Lakes Advisory Board will hold a meeting in Golden Pond, Kentucky. Notice of this meeting is in compliance with the Federal Advisory Committee Act (5 U.S.C. App 2). The meeting is open to the public and the agenda will focus on existing Environmental Education programs and improving engagement with regional school groups.

On December 15, 2000, the USDA Forest Service published a notice of intent (NOI) in the Federal Register (65 FR 78464) to prepare an environmental impact statement (EIS) for controlling invasive plants in the Carson and Santa Fe National Forests. The agency published a notice of availability (NOA) for the Draft EIS in the Federal Register (69 FR 42722) on July 16, 2004. A record of decision was signed on September 12, 2005 and an NOA was subsequently published in the Federal Register (70 FR 69967) on November 18, 2005. Members of the public appealed the decision before the Regional Forester of the Southwestern Region, who reviewed the decision in accordance with 36 CFR 215.7. The Regional Forester's decision, issued on February 23, 2006, reversed the Responsible Officials' decision on the project, with the following instructions: (1) Complete the analysis of effects on the Management Indicator Species population trend for ptarmigan. (2) Strengthen the disclosure of cumulative effects to wildlife species. (3) Address the concern about the use of picloram in municipal watersheds. On September 10, 2009, the USDA Forest Service published a corrected NOI in the Federal Register (74 FR 46562). The NOI listed the date of completion and distribution for the draft supplemental environmental impact statement (DSEIS) as being December 2009.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Equine Survey. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.

Sections 3(k), (p) and (r), Section 7, and Section 9 of the Food and Nutrition Act of 2008 (``the Act''), and Title 7 Parts 271, 274, and 278 of the Code of Federal Regulations (``the regulations'') provide factors for determining the eligibility of retail food stores to participate in the Supplemental Nutrition Assistance Program (``SNAP''). This notice requests information from any and all interested parties on opportunities to enhance retailer definitions and requirements in a manner that improves access to healthy food choices for SNAP participants as well as program integrity, and ensures that only those retailers that effectuate the purpose of SNAP are authorized to accept benefits. The Food and Nutrition Service (``FNS'') considers access to a variety of healthy foods at SNAP retailers to be fundamental to the effectiveness of this critical nutrition assistance program. FNS is requesting information to understand what policy changes and, as needed, statutory changes, should be considered for retailer authorizations. FNS will use this information in determining how to make positive progress in the available healthy choices for program participants at authorized SNAP retail stores. The comment period is being extended to provide additional time for interested parties to review this request for information.

The U.S. Department of Agriculture (USDA) is revoking the Statement of Policy titled ``Public Participation in Rulemaking,'' published in the Federal Register on July 24, 1971 (36 FR 13804), which required agencies in USDA to follow the Administrative Procedure Act's (APA) notice-and-comment rulemaking procedures in situations where the APA does not require it. The Statement of Policy implemented a 1969 recommendation by the Administrative Conference of the United States (ACUS), which urged Congress to amend the APA to remove the exemption from the notice-and-comment requirement for rulemakings relating to ``public property, loans, grants, benefits, or contracts,'' adding that agencies should follow the notice-and-comment procedures pending amendment of the APA. By revoking the 1971 Statement of Policy, USDA restores the discretion to use notice-and-comment procedures when appropriate, unless otherwise required by law, with regard to this class of rulemakings. This action also improves USDA's ability to implement programs efficiently.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Aquaculture Surveys. Revision to burden hours will be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to EPG Technologies, Inc. of Gainesville, Florida, an exclusive license to U.S. Patent No. 8,004,292, ``ELECTRICAL PENETRATION GRAPH SYSTEM,'' issued on August 23, 2011.

We are adopting as a final rule, with nonsubstantive changes, an interim rule that amended the regulations governing the interstate movement of regulated articles from areas quarantined for citrus canker, citrus greening, and/or Asian citrus psyllid (ACP) to allow the movement of regulated nursery stock under a certificate to any area within the United States. In order to be eligible to move regulated nursery stock, a nursery had to enter into a compliance agreement with the Animal and Plant Health Inspection Service that specified the conditions under which the nursery stock must be grown, maintained, and shipped. The interim rule also amended the regulations that allow the movement of regulated nursery stock from an area quarantined for ACP, but not for citrus greening, to amend the existing regulatory requirements for the issuance of limited permits for the interstate movement of the nursery stock. The interim rule was necessary on an immediate basis in order to provide nursery stock producers in areas quarantined for citrus canker, citrus greening, and/or ACP with the ability to ship regulated nursery stock to markets within the United States that would otherwise be unavailable to them due to the prohibitions and restrictions contained in the regulations while continuing to provide adequate safeguards to prevent the spread of the three pests into currently unaffected areas of the United States.

We are amending the regulations to allow, under certain conditions, the cold treatment of imported fruits and vegetables upon arrival at the MidAmerica St. Louis Airport, Mascoutah, IL. We have determined that there are biological barriers at this port that, along with certain safeguards, would prevent the introduction of fruit flies and other insect pests into the United States in the unlikely event that they escape from shipments of fruits or vegetables before the fruits or vegetables undergo cold treatment. This action will facilitate the importation of fruit requiring cold treatment while continuing to provide protection against the introduction of fruit flies and other insect pests into the United States.

We are advising the public of our decision to begin allowing the interstate movement into the continental United States of fresh sapote fruit from Puerto Rico. 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 interstate movement of sapote fruit from Puerto Rico.

This rule increases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2013-2014 and subsequent fiscal periods from $0.50 to $1.50 per ton of Washington apricots handled. The Committee locally administers the marketing order, which regulates the handling of apricots grown in designated counties in Washington. Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This proposed rule would increase the assessment rate established for the Prune Marketing Committee (Committee) for the 2013- 14 and subsequent crop years from $0.22 to $0.28 per ton of salable dried prunes handled. The Committee locally administers the marketing order, which regulates the handling of dried prunes grown in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Farm Service Agency (FSA) is reopening and extending the comment period for 60 days to allow interested individuals and organizations to comment on the extension and revision of a currently approved information collection associated with the Guaranteed Farm Loan Program. The amended estimate adds the merger of the information collection for the Land Contract Guarantee Program (0560-0279) into the Guaranteed Farm Loan Program. This information collection is used to make and service loans guaranteed by FSA to eligible farmers and ranchers by commercial lenders and to provide guarantees to the seller of a farm through the use of land contracts.

This rule temporarily exempts yellow fleshed and white skin (white types) potatoes from minimum quality, maturity, pack, marking, and inspection requirements under the Washington potato marketing order through June 30, 2014. The marketing order regulates the handling of Irish potatoes grown in Washington and is administered locally by the State of Washington Potato Committee (Committee). During the temporary exemption period, reports will be required from handlers of yellow fleshed and white types of potatoes to obtain information necessary to administer the marketing order. This rule is expected to reduce overall industry expenses and increase net returns to producers and handlers while giving the industry the opportunity to explore alternative marketing strategies.

In response to a request from Nebraska's Secretary of State we are approving amendments to the debtor identification and signature requirements of the certified central filing system for Nebraska to permit the conversion of all debtor social security and taxpayer identification numbers into approved unique identifiers. The proposed specific procedure whereby Nebraska will automatically convert social security numbers and taxpayer identification numbers into ten number unique identifiers has been reviewed and determined to permit the numerical searching of master lists while providing protection against identity theft.

The Nantahala and Pisgah National Forests, located in North Carolina, are initiating the development of a land management plan revision (forest plan) for the Nantahala and Pisgah National Forests (NFs). A Draft Assessment has been posted to our Web site. We are inviting the public to help us develop a preliminary ``need for change'' and a proposed action for the land management plan revision.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for the Special Nutrition Program Operations Study.

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 tomatoes with stems from the Republic of Korea.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the regulations for the importation of live swine, pork, and pork products from certain regions free of classical swine fever in Brazil, Chile, and Mexico.

The Forest Service is proposing to revise its directives for ski areas authorized under the National Forest Ski Area Permit Act of 1986 (Ski Area Permit Act) (16 U.S.C. 497b) to provide additional guidance for implementing the 2011 amendment to this Act, known as the Ski Area Recreational Opportunity Enhancement Act (SAROEA) (Pub. L. 112-46, 125 Stat. 538). Current directives limit the criteria for determining whether additional seasonal and year-round recreation activities may be approved at ski areas to those listed in SAROEA. The proposed directives would add criteria to help Authorized Officers determine whether proposals for these activities are consistent with SAROEA. The proposed directive also would provide guidance on non- exclusive use at ski areas, that is, recreational use at ski areas, such as snowshoeing or cross-country skiing, by the non-paying public. Furthermore, the proposed directive would clarify policy regarding advertising. Timely comments will be considered in the development of the final directive.

This notice announces the Grain Inspection, Packers and Stockyards Administration's (GIPSA) intention to request approval from the Office of Management and Budget (OMB) for an extension of a currently approved information collection in support of the reporting and recordkeeping requirements under the ``Clear Title'' regulations as authorized by Section 1324 of the Food Security Act of 1985, as amended (Act). This approval is required under the Paperwork Reduction Act of 1995 (PRA).