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

In a final rule that was published in the Federal Register on January 26, 2010, and effective on February 25, 2010, we amended the phytosanitary treatment regulations by removing the lists of approved treatments and treatment schedules from the regulations, while retaining the general requirements for performing treatments and certifying or approving treatment facilities. The final rule also removed treatment schedules from other places where they had been found in APHIS regulations and provided that approved treatment schedules will instead be found in the Plant Protection and Quarantine Treatment Manual, which is available on the Internet. In the final rule, we neglected to provide for the Administrator of the Animal and Plant Health Inspection Service to approve treatments that are not found in the Treatment Manual, and we did not retain text explaining that irradiation can be used as a substitute for other treatments. In this amendment, we are amending the regulation to provide for such approval of treatments and to restore the text we removed.

We are advising the public of our determination that two hybrid rose lines developed by Florigene Pty., Ltd., designated as IFD- 524[Oslash]1-4 and IFD-529[Oslash]1-9, which have been genetically engineered to produce novel flower color, are 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 Florigene Pty., Ltd., 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.

We are amending the golden nematode regulations by removing the townships of Elba and Byron in Genesee County, NY, from the list of generally infested areas. Surveys have shown that the fields in these two townships are free of golden nematode, and we have determined that regulation of these areas is no longer necessary. As a result of this action, all the areas in Genesee County, NY, that have been listed as generally infested will be removed from the list of areas regulated for golden nematode.

We are advising the public of our determination that a cotton line developed by Syngenta Biotechnology, Inc., designated as event COT67B, which has been genetically engineered to express a protein to protect cotton plants from lepidopteran insect damage, 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 Syngenta Biotechnology, 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.

The Agricultural Marketing Service (AMS) is proposing to update the procedures for cotton futures quality classification services by using Smith-Doxey classification data in the cotton futures classification process. In addition, references to a separate and optional review of cotton futures certification would be eliminated to reflect current industry practices. These proposed changes in procedures for cotton futures quality classification services, as well as proposed conforming changes, reflect advances in cotton fiber quality measurement and data processing made since the regulations were last updated in 1992.

The USDA Forest Service published in the Federal Register a Notice of Intent (75 FR 71414-71415, November 23, 2010) to prepare an environmental impact statement for a proposal to authorize several (Phase 1) projects included in the Taos Ski Valley (TSV) 2010 Master Development Plan (MDP). The proposed projects include: Adding new lifts to serve terrain that is currently only accessible by hiking; replacing old lifts; creating new gladed terrain; improving traffic circulation throughout the day parking lots and a new drop-off area; constructing the Taos Adventure Center (snowtubing and snowshoeing trails); and developing a lift-served mountain biking trail. All proposed projects are within the existing special use permit (SUP) area. Modification of the Proposed Action: The original proposed action submitted for public review included a proposal to develop the Taos Adventure Center, in the northwest portion of the SUP area. The center would have included snowtubing and snowshoeing trails and associated facilities. Upon further analysis, the Forest Service has modified the proposed action and proposes to develop the snowtubing trails where Chair 3 (Beginner Lift) and Strawberry Hill are currently located. The modified proposed action would: (1) Reduce the potential impacts to wildlife habitat and wetlands; (2) eliminate impacts to approximately 3.7 acres of a previously undisturbed area; (3) decrease the distance of the facility from the base area, which is the hub of activities; and (4) eliminate the need to construct a warming hut (yurt), restroom facilities, a foot bridge across the Rio Hondo, and snowmaking lines. The proposed snowtubing area would be located on both National Forest System lands and private land owned by TSV. The snowshoeing trails remain as originally proposed. In addition, the Forest Service proposes to authorize under a separate SUP to John Cottam, the relocation of the Alpine Village pedestrian bridge. If the decision is to authorize a new skier drop-off area under TSV's SUP, the bridge would be simultaneously relocated and the Cottam SUP would be amended. Corrected Dates: After publication of the original Notice of Intent, a letter soliciting comments on the proposed action and purpose and need was issued to the public in December 2010. Comments concerning the scope of the analysis were received in January and February 2011. The draft environmental impact statement (draft EIS) is expected to be available for public review in December 2011 and the final environmental impact statement (final EIS) and record of decision (ROD) are expected in May 2012.

This final rule incorporates into the regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) several changes set forth in the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act). These provisions address: certification periods for children participating in the WIC Program; increased emphasis on breastfeeding promotion and support; compiling and publishing data for partially and fully breastfed infants; sharing nutrition education materials with institutions participating in the Child and Adult Care Food Program (CACFP); and infant formula (and other foods) rebate management.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) is sponsoring a public meeting on October 4, 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 19th Session of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS), of the Codex Alimentarius Commission (Codex), which will be held in Cairns, Australia October 17-21, 2011. The Under Secretary for Food Safety recognizes the importance of providing interested parties the opportunity to obtain background information on the 19th Session of the CCFICS, and to address items on the agenda.

In accordance with the Paperwork Reduction Act of 1995, this notice invites 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 development and maintenance of a central repository containing information about authorized WIC foods as approved by various WIC State agencies.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in the following practice standards: 315, Herbaceous Weed Control, 338, Prescribed Burning, 340, Cover Crop, 342, Critical Area Planting, 382, Fence, 400, Bivalve, 422, Hedgerow Planting, 484, Mulching, 511, Forage Harvest Management, 657, Wetland Restoration, 658, Wetland Creation, and 659, Wetland Enhancement. These practices will be used to plan and install conservation practices.

This notice lists the newspapers that Ranger Districts, Forests, and the Regional Office of the Alaska Region will use to publish legal notices of the opportunity to object to proposed hazardous fuel reduction projects authorized under the Healthy Forests Restoration Act of 2003. The intended effect of this action is to inform interested members of the public which newspapers will be used to publish legal notice of actions subject to the predecisional administrative review process at 36 CFR 218, thereby allowing them to receive constructive notice of the proposed actions, to provide clear evidence of timely notice, and to achieve consistency in administering the predecisional review process.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with no revision of a currently approved information collection, Qualified Products List for Water Enhancers (Gels) for Wildland Firefighting.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension (with contact revision) of a currently approved information collection, Qualified Products List for Long-Term Retardant For Wildland Firefighting.

In accordance with Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed collection is a revision of a currently approved collection. The purpose of Section 6(o) of the Food and Nutrition Act is to establish a time limit for the receipt of benefits under the Supplemental Nutrition Assistance Program (SNAP) for certain able-bodied adults who are not working. The provision authorizes the Secretary of Agriculture, upon a State agency's request, to waive the provision for any group of individuals if the Secretary determines ``that the area in which the individuals reside has an unemployment rate of over 10 percent, or does not have a sufficient number of jobs to provide employment for the individuals.'' As required in the statute, in order to receive a waiver the State agency must submit sufficient supporting information so that the United States Department of Agriculture (USDA) can make the required determination as to the area's unemployment rate or sufficiency of available jobs. This collection of information is, therefore, necessary in order to obtain waivers of the SNAP time limit.

The Food Safety and Inspection Service (FSIS) intends to carry out verification procedures, including sampling and testing manufacturing trim and other raw ground beef product components, to ensure control of both Escherichia coli O157:H7 (E. coli O157:H7) and six other serogroups of Shiga toxin-producing E. coli (STEC) (O26, O45, O103, O111, O121, and O145). The Agency intends to implement sampling and testing for the additional STEC. FSIS has determined that they, as well as O157:H7, are adulterants of non-intact raw beef products and product components within the meaning of the Federal Meat Inspection Act (FMIA). The Agency is publishing guidance for use in validating commercial pathogen detection test kits that may be capable of detecting the STEC of concern. Finally, the Agency is planning a comprehensive survey of its field personnel who are stationed in beef slaughtering and processing establishments, similar to the 2007 ``checklist'' survey, to determine the processing practices that are employed to reduce the likelihood of contamination of intact and non- intact beef products with these STEC.

The designations of the official agencies listed below will end on March 31, 2012. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. In addition, we are asking for comments on the quality of services provided by the following designated agencies: Grain Inspection, Inc. (Jamestown); Lincoln Inspection Service, Inc. (Lincoln); Midsouth Grain Inspection Service (Midsouth); and Sioux City Inspection and Weighing Service Company (Sioux City).

This document will provide supplemental information that supports: The addition of 331 miles of unauthorized routes to the National Forest Transportation System (NFTS) on the Modoc National Forest. The decision to change the vehicle class on 513 miles of Maintenance Level 3 (ML3) roads to allow for mixed use by both highway legal and non-highway legal vehicles. And will include: A Riparian Conservation Objective Analysis (RCOA) and proof of compliance with the Forest Plan Standards and Guidelines as articulated in the Sierra Nevada Forest Plan Amendment for proposed additions of motor vehicle routes in Critical Aquatic Refuges (CARs) and Riparian Conservation Areas (RCAs). Confirmation that the Responsible Official has met the requirements of pertinent laws, regulations, or the Modoc LRMP for ungulates with regard to routes added to the NFTS as well as ML3 routes being changed to allow mixed-use.

The Ashley Resource Advisory Committee will conduct a field review of five projects funded in 2011. 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 conduct a field review of five projects funded for implementation, approve meeting minutes, review the status of approved projects, set the next meeting date, time and location and receive public comment.

This is a notice to inform the public of an upcoming meeting of the Secretary's Advisory Committee on Animal Health. The meeting is organized by the Animal and Plant Health Inspection Service to discuss matters of animal health.

The Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS) are announcing the establishment of dockets to obtain comments, data, and evidence relevant to the dietary intake of sodium as well as current and emerging approaches designed to promote sodium reduction. FDA and FSIS are particularly interested in research that will help both organizations understand current and emerging practices by industry in sodium reduction in foods; current consumer understanding of the role of sodium in hypertension and other chronic illnesses, sodium consumption practices; motivation and barriers in reducing sodium in their food intakes; and issues associated with the development of targets for sodium reduction in foods to promote reduction of excess sodium intake. Excess sodium intake is linked to increased risk of heart disease and stroke. FDA and FSIS recognize ongoing efforts by a number of members of the restaurant and packaged food industries to reduce sodium and appreciate the complexities of reducing sodium in foods. Continued input and support from industry and other stakeholders are important to support further progress on this significant public health issue.

This rule proposes four amendments to Marketing Agreement and Order No. 983 (order), which regulates the handling of pistachios grown in California, Arizona, and New Mexico, and provides growers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments are based on proposals by the Administrative Committee for Pistachios (Committee), which is responsible for local administration of the order. The amendments would provide authority to establish aflatoxin and quality regulations for pistachios shipped to export markets, including authority to establish different regulations for different markets. These amendments are intended to provide authority to ensure uniform and consistent aflatoxin and quality regulations in the domestic and various export markets.

We are advising the public that an environmental assessment and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to an oral rabies vaccination field trial in West Virginia. 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.