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

The Food Safety and Inspection Service (FSIS) is announcing its intention to change its procedures and withhold a determination as to whether meat and poultry products are not adulterated, and thus eligible to enter commerce, until all test results that bear on the determination have been received. Inspection program personnel periodically sample products for adulterants to verify an establishment's regulatory compliance. The Agency's practice has been to allow these products to bear the mark of inspection, and to enter commerce, even though the test results have not been received. FSIS has asked, but has not required, official establishments to maintain control of products represented by a sample pending test results. Because establishments, including official import inspection establishments, are not consistently maintaining control of product, despite FSIS's request that they do so, adulterated product is entering commerce. Therefore, FSIS is announcing its tentative determination not to apply the mark of inspection until negative results are available and received for any testing for adulterants conducted by the Agency. FSIS invites comments on this proposed change in policy and procedures. FSIS will evaluate comments received in response to this notice. In a subsequent Federal Register notice, FSIS will respond to the comments it receives. FSIS will make any appropriate changes to the policy and procedures based on comments, and in that subsequent Federal Register notice will announce the effective date of the new policy.

This notice announces the availability of a draft environmental assessment (EA) for the proposed establishment and production of giant miscanthus (Miscanthus X giganteus) as a dedicated energy crop to be grown in the Aloterra Energy and MFA Oil Biomass Company (project sponsors) proposed project areas in Arkansas, Missouri, Ohio, and Pennsylvania as part of the Biomass Crop Assistance Program (BCAP). This notice provides a means for the public to submit comments to voice concerns about the proposed BCAP project areas.

This document contains a correction to the Request for Comments titled ``Tobacco Transition Payment Program; Cigar and Cigarette Per Unit Assessments,'' which was published March 22, 2011. The Commodity Credit Corporation (CCC) is correcting an inaccurate statement about the possible consequences of an alternative assessment methodology.

The Office of Management and Budget (OMB) issued regulatory guidance to agencies to establish requirements for Federal financial assistance applicants, recipients, and sub-recipients that are necessary for the implementation of the Federal Funding Accountability and Transparency Act of 2006 (the Transparency Act). OMB's regulations require agencies that make awards of Federal financial assistance subject to the Transparency Act to include the requirements identified in each regulation that has application or plan due dates after October 1, 2010. The Watershed Operations and Flood Prevention Program, Emergency Watersheds Protection Program, Healthy Forests Reserve Program, Agricultural Management Assistance Program, and the Conservation Stewardship Program have application or plan due dates after October 1, 2010, and therefore, the Natural Resources Conservation Service (NRCS) is incorporating the Transparency Act's recipient registration and reporting requirements into these programs' regulations. These changes, the terms of which are not subject to agency discretion, are mandatory.

The Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) are requesting comments and scientific data and information that would assist the agencies in their plan to update a risk assessment on the relationship between foodborne Listeria monocytogenes in selected categories of ready-to-eat (RTE) foods and human health. The purpose of the risk assessment is to incorporate newly available scientific data and information into the risk assessment in order to update estimates of the relative risk of illness and death associated with the consumption of different types of RTE foods that may be contaminated with L. monocytogenes and to evaluate the relative effectiveness of strategies to reduce or prevent exposure to L. monocytogenes from the consumption of RTE foods, including, for example, the impact of changing refrigerated time and temperature storage prior to consumption.

In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and organizations on an extension of a currently approved information collection that supports the Certified State Mediation Program. The information collection is necessary to ensure the grant program is being administered properly. The collection of information by mail, phone, fax, in person, and by the internet is utilized by FSA initially to determine whether the State meets the eligibility criteria to be a recipient of grant funds. Lack of adequate information to make these determinations could result in the improper administration and appropriation of Federal grant funds.

The Hood/Willamette Resource Advisory Committee will meet in Salem, Oregon. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to make recommendations for the 2012 projects.

Deciding Officers in the Southern Region will publish notice of decisions subject to administrative appeal under 36 CFR parts 215 and 219 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR 215.5 and 36 CFR 219.14 the public shall be advised through Federal Register notice, of the newspaper of record to be utilized for publishing legal notice of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested it and to those who have participated in project planning. Responsible Officials in the Southern Region will also publish notice of proposed actions under 36 CFR 215.5 in the newspapers that are listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR 215.5, the public shall be advised, through Federal Register notice, of the newspaper of record to be utilized for publishing notices on proposed actions. Additionally, the Deciding Officers in the Southern Region will publish notice of the opportunity to object to a proposed authorized hazardous fuel reduction project under 36 CFR 218.4 or developing, amending or revising land management plans under 36 CFR 219.9 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice.

The Lyon and Mineral County Resource Advisory Committee will meet in Smith Valley, Nevada. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to hold the first meeting of the newly formed committee.

On March 31, 2006 the Malheur National Forest published a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for a similar project (Federal Register Vol. 72, No. 62, page 16281-1628). There has been a delay in filing the 2006 draft EIS and the invasive plant inventory and proposed action have been updated since then resulting in this correction. The following information is the updated Proposed Action. The Forest Service proposes to eradicate, control, or contain invasive plants within the Malheur National Forest. The Proposed Action is to treat invasive plants using integrated methods including chemical (herbicides and adjuvants), physical treatments (mechanical and manual treatment), and biological controls. These treatments will be used on existing infestations (approximately 2,287 acres) or new infestations, including new plant species that currently are not found on the Forest. Treatment could be anywhere on Forest Service system lands including rangelands, wilderness, timber harvest areas, along roads and road rights-of-way (including decommissioned roads), along trail routes, at dispersed and developed recreation sites, and on other disturbed sites (i.e. fires, flood events, and rock sources) where invasive plants are located. Mulching, seeding and planting of competitive, desirable vegetation may occur to restore treated sites.

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

We are proposing to relieve certain restrictions regarding the movement of fresh Hass variety avocados. Specifically, we are proposing to amend our domestic regulations to provide for the interstate movement of Hass avocados from Mediterranean fruit fly quarantined areas in the United States with a certificate if the fruit is safeguarded after harvest in accordance with specific measures. We are also proposing to amend our foreign quarantine regulations to remove trapping requirements for Mediterranean fruit fly for Hass avocados imported from the State of Michoacan, Mexico, requirements for treatment or origin from an area free of Mediterranean fruit fly for Hass avocados imported from Peru, and requirements for trapping or origin from an area free of South American fruit fly for Hass avocados imported from Peru. These actions are warranted in light of research demonstrating the limited host status of Hass avocados to Mediterranean fruit fly and South American fruit fly. This action would make our domestic and foreign requirements for movement of Hass avocados consistent with each other and would relieve restrictions for Mexican and Peruvian Hass avocado producers. In addition, this action would provide a means for Hass avocados to be moved interstate if the avocados originate from a Mediterranean fruit fly quarantined area in the United States.

The Shasta County Resource Advisory Committee (RAC) will meet at the USDA Service Center in Redding, California, on April 27, 2011, from 8:30 a.m. to 12 noon. The purpose of this meeting is to discuss project updates and proposals, and information on monitoring efforts for the upcoming year.

The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture, announces the Delta Health Care Services Grant Program application window. In addition to announcing the application window, RUS announces the availability of $3,000,000 in grant funds to be competitively awarded for the Delta Health Care Services Grant Program.

This rule increases the assessment rate established for the Raisin Administrative Committee (committee) for the 2010-11 and subsequent crop years from $7.50 to $14.00 per ton of free tonnage raisins acquired by handlers and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The committee locally administers the marketing order which regulates the handling of California raisins produced from grapes grown in California. Assessments upon raisin handlers are used by the committee to fund reasonable and necessary expenses of the program. The 2010-11 crop year began August 1 and ends July 31. No volume regulation will be implemented for the 2010-11 crop year, and no reserve pool will be established for this crop. Some committee expenses usually covered by reserve pool revenues must therefore be covered by handler assessments, necessitating an increased assessment rate. The $14.00 per ton assessment would remain in effect indefinitely unless modified, suspended, or terminated.

The Organic Foods Production Act (OFPA) of 1990, as amended, requires the establishment of a National Organic Standards Board (NOSB). The NOSB is a 15-member board that is responsible for developing and recommending to the Secretary a proposed National List of Allowed and Prohibited Substances. The NOSB also advises the Secretary on all other aspects of the National Organic Program. The U.S. Department of Agriculture (USDA) is requesting nominations to fill five (5) upcoming vacancies on the NOSB. The positions to be filled are: Organic producer (1 position), organic handler (1 position), consumer/public interest (1 position), scientist (1 position), and an environmentalist (1 position). The Secretary of Agriculture will appoint a person to each position to serve a 5-year term of office that will commence on January 24, 2012, and run until January 24, 2017. USDA encourages eligible individuals who can demonstrate an ability to represent minorities, women, and persons with disabilities to apply for membership on the NOSB.

The Forest Service will prepare a Supplemental Environmental Impact Statement (SEIS) for the Miller West Fisher Project. The Project includes timber harvest, fuels reduction, precommercial thinning, prescribed fire, watershed rehabilitation activities, pool creation in Miller Creek, improvement of trails and trailheads, fuels management and hazard tree removal in Lake Creek Campground, and access management changes, including road decommissioning. The project is located in the Silverfish Planning Subunit on the Libby Ranger District, Kootenai National Forest, Lincoln County, Montana, and south of Libby, Montana. The Notice of Availability of the Draft EIS for this project was published in the Federal Register (vol. 74, no. 43) on March 6, 2009, and the notice of the Final EIS (vol. 74 no. 126) on July 2, 2009. The Record of Decision was issued in June of 2009. The Record of Decision was litigated in District Court for the District of Montana (CV 09-M-DWM) on issues regarding the grizzly bear analysis. The District Judge remanded the project to the Forest Service to address deficiencies in disclosures in the analysis. A Supplemental EIS is being prepared to address these disclosures in the grizzly bear analysis.

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 Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Fruit and Vegetable Programs of the USDA Agricultural Marketing Service (AMS), are sponsoring a public meeting on April 5, 2011. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions that will be discussed at the 16th session of the CCFFV of the Codex Alimentarius Commission (Codex), which will be held in Mexico City, Mexico from May 2-6, 2011. The Under Secretary for Food Safety and AMS recognize the importance of providing interested parties the opportunity to obtain background information on the 16th Session of the CCFFV and to address items on the agenda.