Department of Agriculture March 2011 – Federal Register Recent Federal Regulation Documents

This rule decreases the assessment rate established for the California Olive Committee (Committee) for 2011 and subsequent fiscal years from $44.72 to $16.61 per ton of olives handled. The Committee locally administers the marketing order which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Food Safety and Inspection Service (FSIS) is affirming its 1999 decision that Australia's Meat Safety Enhancement Program (MSEP), an alternative to the conventional meat inspection system also maintained by the Australian Government food regulatory authority [Australia Quarantine and Inspection Service (AQIS)], is equivalent to the FSIS domestic meat inspection system. MSEP has been renamed the Australian Export Meat Inspection System (AEMIS), but the system itself will remain the same as that determined to be equivalent by FSIS in 1999 when FSIS announced that slaughter inspection in MSEP establishments meets all requirements of U.S. law for the import of product to the United States, and provides the same level of public health protection as U.S. domestic slaughter inspection. In this notice, MSEP is used for events that occurred under that name, MSEP/ AEMIS for unchanging features of the program, and AEMIS for current and projected activities. In January 2011, Australia informed FSIS that AEMIS will be progressively implemented in all Australian beef, sheep, and goat establishments eligible to export to the United States.

The U.S. Department of Agriculture (USDA) is amending its regulations implementing the Equal Access to Justice Act (EAJA) by raising the maximum hourly attorney fees rate from $125.00 to $150.00 for covered proceedings initiated on and after the effective date of this final rule.

The United States Department of Agriculture (``USDA'') grants a project waiver of the Buy American Requirements [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] of ARRA to Drew County, Arkansas, (``County'') for the purchase of foreign manufactured Heating, Ventilation, Air Conditioning (HVAC) equipment for a hospital renovation and expansion project. This is a project specific waiver under section 1605 (b)(2) of ARRA. This waiver only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient that wishes to use the same product must apply for a separate waiver based on project specific circumstances. The County- proposed HVAC improvements were selected to address the unique conditions presented by the existing building. Based upon information submitted by the County and its consultants, it was determined that the HVAC equipment that will meet the County's design and performance specifications is manufactured only by Daikin and SkyAir of Japan and Thailand, respectively. This determination is based on the review and recommendations of the Rural Development Buy American Coordinator. The County, through its design engineer, has provided sufficient documentation to support its request. The Under Secretary for Rural Development has concurred in this decision to waive Section 1605 of ARRA. This action permits the purchase of a Daikin RXS/FTXS (wall mounted indoor unit) HVAC unit and SkyAir FCQ/RZQ (cassette-style, ceiling mounted indoor unit). These units address the operational requirement to heat and cool simultaneously, perform very efficiently, and are compatible and adaptable to the space restrictions created by the existing facility.

The Forest Service published a document in the Federal Register on February 18, 2011, concerning a notice of intent to prepare an environmental impact statement for the Piute Mountains Travel Management Plan.