Department of Agriculture 2013 – Federal Register Recent Federal Regulation Documents

This document summarizes the results of an Agricultural Marketing Service (AMS) review of the Pork Promotion, Research, and Consumer Information Program (Program), commonly known as the Pork Checkoff Program, under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA). Based upon this review, AMS concluded that there is a continued need for the Pork Promotion, Research, and Consumer Information Order (Order). Copies of the review performed by AMS are available to interested parties.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and public agencies to comment on a proposed information collection. This collection is a new collection for maintaining the National Disqualified List of institutions, day care home providers, and individuals that have been terminated or otherwise disqualified from Child and Adult Care Food Program (CACFP) participation. These federal requirements affect eligibility under the CACFP. The State Agencies will be required to enter data as institutions and individuals become disqualified from participating in the CACFP. The new collection is the result of a FNS web-based system constructed to update and maintain the list of disqualified institutions and individuals so that no State agency or sponsoring organization may approve any entity on the National Disqualified List to ensure the integrity of the Program.

The Food Safety and Inspection Service (FSIS) is extending the comment period for the December 6, 2012, Federal Register document ``HACCP Plan Reassessment for Not-Ready-to-Eat Comminuted Poultry Products and Related Agency Verification Procedures'' until April 20, 2013. FSIS will also provide an additional 45 days for establishments that produce not-ready-to-eat (NRTE) comminuted chicken or turkey products to reassess their Hazard Analysis and Critical Control Points (HACCP) plans for those products. FSIS will postpone by 45 days the date inspection personnel will begin verifying that those establishments have reassessed their HACCP plans. In addition, starting approximately on April 20, 2013, the Agency intends to begin obtaining samples to determine the prevalence of Salmonella in NRTE comminuted poultry product announced in the document. The Agency is taking these actions in response to a request made by a coalition of trade associations.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the USDA Rural Utilities Service (RUS) invites comments on this information collection for which RUS intends to request approval from the Office of Management and Budget (OMB).

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment and finding of no significant impact relative to the release of Scymnus coniferarum to control hemlock woolly adelgid. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.

We are advising the public that we have determined that it is necessary to add and revise certain treatment schedules for the Imported Fire Ant Program in the Plant Protection and Quarantine Treatment Manual. Thus, we have prepared a treatment evaluation document that discusses the existing treatment schedules, describes the new treatment schedules, and explains why these changes are necessary. In addition, an environmental assessment has been prepared by the Animal and Plant Health Inspection Service relative to pesticide use in the new and revised treatments in the imported fire ant program. The environmental assessment documents our review and analysis of environmental impacts associated with proposed new pesticides and new uses for previously approved pesticides. We are making this treatment evaluation document and environmental assessment available to the public for review and comment.

This rule invites comments on a proposed change to reporting requirements prescribed under the Federal marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order). The Citrus Administrative Committee (Committee) is responsible for local administration of the order. This action would require all fresh citrus handlers to provide the Committee with a list of all growers whose fruit they handled each season. This information would enable the Committee to more efficiently administer the order and improve communication with growers. This proposal also announces the Agricultural Marketing Service's (AMS) intention to request approval from Office of Management and Budget (OMB) of a new information collection.

The Farm Service Agency (FSA) is issuing this interim rule amending the regulations that specify interest rates on guaranteed farm loans. This rule will tie the maximum interest rate that may be charged on FSA guaranteed farm loans to nationally published indices, specifically the 3-month London Interbank Offered Rate (LIBOR) or the 5-year Treasury note rate, unless the lender uses a formal written risk-based pricing practice for loans, in which case the rate must be at least one risk tier lower than the borrower would receive without the guarantee. These provisions are intended to increase clarity and specificity in the maximum rate requirements, while at the same time setting rates that will work in current credit market conditions.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, the United States Department of Agriculture announces the appointments made by the Secretary of Agriculture to fill 10 vacancies on the National Agricultural Research, Extension, Education, and Economics Advisory Board.

The National Organic Program (NOP) is announcing the availability of three final guidance documents and one instruction document intended for use by certifying agents and certified operations. The final guidance and instruction documents are entitled as follows: ``The Use of Kelp in Organic Livestock Feed (NOP 5027); Responding to Results from Pesticide Residue Testing (NOP 2613)''; ``Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production (NOP 5029)''; and ``Evaluating Allowed Ingredients and Sources of Vitamins and Minerals for Organic Livestock Feed (NOP 5030)''. These final guidance and instruction documents are intended to inform the public of NOP's current thinking on these topics.

Omya California (Omya), a division of Omya Inc., has submitted the following applications: An Amended Plan of Operations and Reclamation Plan to the U.S. Department of Agriculture, Forest Service, San Bernardino National Forest (SBNF); and A Mining and Land Reclamation Plan Conditional Use Permit application submitted to the County of San Bernardino (County). Combined, these applications propose the expansion of the existing Sentinel and Butterfield Quarries. The existing permitted Sentinel and Butterfield limestone quarries are located on mining claims within the SBNF. Known limestone ore resources, within the proposed quarry expansions, will add an additional 20 years life to the Sentinel Quarry, add an additional 40 years life to the Butterfield Quarry, and will allow mining at both quarries to be extended until 2055. Depending on market demand, the combined Sentinel and Butterfield Quarries average ore production rates will be approximately 680,000 tons per year compared to the 3-year average between 2004-2006 of approximately 378,000 tons per year. Reclamation will occur concurrently with mining. The proposed expansion includes 48.7 acres of disturbance at the Sentinel Quarry and 28.8 acres of disturbance at the Butterfield Quarry, for a total of 77.3 acres. Quarry development and expansion will be phased. Disturbance proposed for the project includes expansion of existing Sentinel and Butterfield Quarries, expansion of associated overburden placement sites, additional internal access roads and ancillary facility areas, and minor adjustments to existing disturbance boundaries. There are no new quarries, haul roads or overburden sites in this plan, only the phased expanded development and reclamation of the existing Sentinel and Butterfield Quarries. Implementation of the Proposed Project will require discretionary approvals from Federal, State, and local agencies and, therefore, this project is subject to the environmental review requirements of both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). To ensure coordination between the NEPA and CEQA processes, and to avoid duplication of effort, a joint Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) is being prepared as recommended by CEQA Guidelines Section 15222 and 40 CFR 1506.25. The Forest Service is the NEPA Lead Agency and the County will be the CEQA Lead Agency for the joint EIR/EIS. As Lead Agency for the NEPA process, the Forest Service issues this Notice of Intent (NOI), as required by NEPA, for the Project. The County will issue a separate Notice of Preparation (NOP), as required for CEQA for the Proposed Project. Comments are being requested to help identify significant issues or concerns related to the proposed action, to determine the scope of the issues (including alternatives) that need to be analyzed and to eliminate from detailed study those issues that are not significant. Supporting documentation should be included with comments recommending that the EIR/EIS address specific environmental issues.

The Forest Service will prepare an environmental impact statement (EIS) to evaluate and disclose the predicted effects of the Elk Late-Successional Reserve Enhancement project, which would treat natural stands and plantations on approximately 2,930 acres to reduce the current and future risk of large-scale disturbance events within early, mid and late-successional habitat within the Elk Flat Late-Successional Reserve and nearby stands. Additional benefits from risk reduction treatments include increasing the resilience and promoting continued development and connectivity of late-successional forest habitat within the Elk Flat Late-Successional Reserve. Objectives include improving forest health; increasing resiliency to natural events such as drought, insect and disease infestations and high severity wildfire; and restoring unique habitats. Forest stand treatments would be completed using commercial and non-commercial thinning and regeneration prescriptions. Fuels reduction would be completed using mechanical and hand methods and prescribed fire. Proposed road actions include maintenance and reconstruction of National Forest System roads, construction of temporary roads to complete project activities, and closure and decommissioning of National Forest System roads and existing routes. The project is located in Siskiyou County, California on the McCloud Ranger District of the Shasta McCloud Management Unit, Shasta-Trinity National Forest. The project's legal location is: Township 40 North, Range 1 West, Sections 4 and 5; and Township 41 North, Range 1 West, Sections 27 to 34, Mt. Diablo Meridian. The project area is approximately nine miles northeast of the town of McCloud, California, and 70 miles northeast of Redding, California.

This proposed rule would revise regulations governing the WIC Program, incorporating the provisions set forth in the Healthy, Hunger- Free Kids Act of 2010 (HHFKA) related to Electronic Benefit Transfer (EBT) for the WIC Program. The HHFKA was signed into law by President Obama on December 13, 2010.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations (5 CFR part 1320) which implement the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the intention of the National Institute of Food and Agriculture (NIFA) to request an extension for a currently approved information collection (OMB No. 0524-0026) for Form NIFA-666, ``Organizational Information.''

We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from the Monsanto Company (Monsanto) seeking a determination of nonregulated status of cotton designated as MON 88701, which has been genetically engineered for tolerance to the herbicides dicamba and glufosinate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Monsanto petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition.

We are advising the public that the Animal and Plant Health Inspection Service has prepared a preliminary decision regarding a request from Stine Seed Farm, Inc., to extend to maize line HCEM485, which has been genetically engineered to be tolerant to the herbicide glyphosate, our determination of nonregulated status of Roundup Ready[supreg] corn line GA21. We are seeking comment on whether this genetically engineered corn is likely to pose a plant pest risk. We are making available for public comment our plant pest risk assessment and draft environmental assessment for the proposed determination of nonregulated status.

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Pioneer Hi-Bred International, Inc., (Pioneer) seeking a determination of nonregulated status of maize designated as maize event DP-[Oslash][Oslash]4114-3, which has been genetically engineered to be resistant to certain lepidopteran and coleopteran pests and tolerant to the herbicide glufosinate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are soliciting comments on whether this genetically engineered maize is likely to pose a plant pest risk. We are making available for public comment the Pioneer petition, our plant pest risk assessment, and our draft environmental assessment for the proposed determination of nonregulated status.

The Forest Service is preparing an environmental impact statement (EIS) to document the potential effects of the Teton to Snake Fuels Management Project. The analysis will evaluate and disclose the effects of treating National Forest land to reduce the potential fire behavior within the wildland-urban interface to better protect threatened values, to improve firefighter safety, and to allow fire to play a more natural role in the ecosystem. Treatments include understory thinning and prescribed fire some of which are located within the Palisades Wilderness Study Area (WSA) and Inventoried Roadless Areas (IRAs). Connected actions necessary to implement the proposed treatments include road maintenance, reconstruction, temporary road and landing construction and obliteration, and construction of fire control lines where needed to contain prescribed fire treatments. No road work or commercial vegetation treatments would occur within the WSA. Road maintenance would occur in a small portion of the Phillips Ridge IRA but no reconstruction would occur. The project is located in Teton and Lincoln Counties, Wyoming, west of the Jackson Hole valley and Snake River corridor, and east of the Caribou-Targhee National Forest. The Teton to Snake Fuels Management Project was previously scoped and anyalyzed through an environmental assessment (EA) process. The EIS alternatives developed to date are the same as those in the EA. Public comments received on the original Proposed Action, Alternative 2, included support of the project as proposed, but also concerns that the proposed treatments constitute human manipulation in the WSA which could adversely affect wildlife, wilderness character, and eligibility for future designation in the National Wilderness Preservation System. Concern about proposed thinning treatments in the IRAs was also expressed. Requested modifications included reducing the amount of prescribed burning and eliminating all thinning treatments in the WSA and IRAs. Additionally concern was expressed that the proposed action could have adverse effects to habitat for boreal owls and goshawks, as well as reduce old growth habitat. The Forest Service responded to these concerns by developing a new alternative (Alternative 3Reduce Potential Impacts to Special Areas and Wildlife Habitat), which reduces activities in the WSA and IRAs and avoids goshawk habitat, whitebark pine, boreal forest, and old growth habitat. Changes include dropping, reconfiguring, and reducing the size of units, and changing treatment prescriptions. In addition to the above resource concerns, units were modified or dropped if they also had potential impacts to visual quality, implementation difficulty, or topography that could slow an advancing wildfire. Also considered was the proximity of hazardous fuels to homes and to other fuel reduction projects that could contribute to reducing fire behavior in the project area. The Jackson Ranger District may be contacted for specific treatment unit revisions made in developing Alternative 3.

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 certain fruits and vegetables into the United States.

We are advising the public of our decision to begin issuing permits for the importation into the continental United States of fresh strawberry fruit from Egypt. 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 importation of fresh strawberry fruit from Egypt.

The Forest Service has issued proposed directives to Forest Service Handbook (FSH 1909.12) and Manual (FSM 1920) establishing procedures and responsibilities for implementing the National Forest System (NFS) land management planning regulation. Issuance of these proposed directives will provide consistent overall guidance to Forest Service Line Officers and Agency employees in developing, amending, or revising land management plans for units of the NFS. Public comment is invited and will be considered in developing the final directives.

GIPSA is announcing the designation of Titus Grain Inspection, Inc. (Titus) to provide Class X or Class Y weighing services under the United States Grain Standards Act (USGSA), as amended. DATES: Effective Date: November 20, 2012.

The New Meadows Ranger District of the Payette National Forest will prepare an Environmental Impact Statement (EIS) for the Lost Creek-Boulder Creek Landscape Restoration Project. The Lost Creek- Boulder Creek Landscape Restoration Project area is located approximately 10 miles north and west of New Meadows, Idaho in in Boulder Creek, a tributary to the Little Salmon, and in the headwaters of the Weiser River and the West Fork of the Weiser River. It comprises approximately 80,000 acres and is within the boundaries of the New Meadows District of the Payette National Forest, in Adams County Idaho. The project is designed to improve wildlife habitat, reduce forest fuels, and improve watershed conditions through a variety of activities including commercial and noncommercial vegetation management and road system modifications and maintenance.