Department of Agriculture January 2012 – Federal Register Recent Federal Regulation Documents

This rule proposes to amend the National School Lunch Program (NSLP) regulations to incorporate provisions of the Healthy, Hunger- Free Kids Act of 2010 designed to encourage States to improve direct certification efforts with the Supplemental Nutrition Assistance Program (SNAP). The provisions would require State agencies to meet certain direct certification performance benchmarks and to develop and implement continuous improvement plans if they fail to do so. This rule also proposes to amend NSLP and SNAP regulations to provide for the collection of data elements needed to compute each State's direct certification performance rate to compare with the new benchmarks.

The USDA Forest Service, Coronado National Forest, is extending the public comment period for a draft environmental impact statement (DEIS) that discloses the potential impacts of a proposed action to construct; operate with concurrent reclamation; and close an open-pit mine about 30 miles southeast of Tucson, Arizona (Rosemont Copper Project). The U.S. Environmental Protection Agency (EPA) published a notice of availability (NOA) of the DEIS in the Federal Register on October 21, 2011 [76 FR 65509]. The NOA provided for a public comment period ending on January 18, 2012.

The Forest Service published a notice in the Federal Register on December 28, 2011, stating the intent to hold a Federal Advisory Committee, (FACA) meeting of the National Urban and Community Forestry Advisory Council. The official FACA meeting scheduled in Washington, DC, on January 25-26, 2012, at the Department of Agriculture (USDA) Whitten Building has been cancelled. However, members will attend a Forest Service meeting for the purpose of training and informational exchange during the same time period.

The Food Safety and Inspection Service (FSIS) is proposing a new inspection system for young chicken and turkey slaughter establishments that would replace the current Streamlined Inspection System (SIS), the New Line Speed Inspection System (NELS), and the New Turkey Inspection System (NTIS). The Agency is also proposing several changes that would affect all establishments that slaughter poultry other than ratites, regardless of the inspection system under which they operate. This proposed rule is a result of the Agency's 2011 regulatory review efforts conducted under Executive Order 13563 on Improving Regulation and Regulatory Review.

This Notice announces a series of teleconferences and/or Web conference meetings regarding the USDA Multi-Family Housing Program. The teleconference and/or Web conference meetings will be scheduled on a quarterly basis, but may be held monthly at the Agency's discretion. This Notice also outlines suggested discussion topics for the meetings and is intended to notify the general public of their opportunity to participate in the teleconference and/or Web conference meetings.

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 plant pest, noxious weed, and garbage regulations.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a reinstatement of an information collection to help eliminate chronic wasting disease from farmed or captive cervid herds in the United States.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Development's intention to request an extension for a currently approved information collection in support of the program for 7 CFR part 4284, subpart K, Agriculture Innovation Demonstration Centers.

Through this action, the Rural Housing Service (RHS) amends its regulations for the Direct Single Family Housing Loans by reinstating language in the Single Family Housing (SFH) recapture regulation to enable full repayment of the entire subsidy in event of foreclosure or deed-in-lieu of foreclosure (voluntary conveyance). This action clarifies that in the event of foreclosure or deed-in-lieu of foreclosure (voluntary conveyance) the RHS will recapture the full subsidy from the value of the property.

The Agency published a rule in the Federal Register on February 14, 2011, establishing a guaranteed loan program for the development and construction of commercial-scale biorefineries and for the retrofitting of existing facilities using eligible technology for the development of advanced biofuels. The document inadvertently omitted provisions as to what an applicant is to do in the event either an appraisal is not completed or a credit rating cannot be obtained at the time of application. This document corrects the omissions.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), Center for Food Safety and Applied Nutrition (CFSAN), are sponsoring a public meeting on February 28, 2012. 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 33rd Session of the Codex Committee on Methods of Analysis and Sampling (CCMAS) of the Codex Alimentarius Commission (Codex), which will be held in Budapest, Hungary, March 5-9, 2012. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 33rd Session of the CCMAS and to address items on the agenda.

The Rural Utilities Service (RUS) is amending the contract threshold amounts that require borrowers to use certain prescribed agency contract forms and the contract dollar amounts that require RUS review of contracts prior to the contract being effective. Also, RUS is raising the threshold amounts requiring RUS borrowers to use certain required procurement methods for materials, equipment and contract services that otherwise would require RUS prior approval. The changes in the threshold amounts will reduce the number of contracts reviewed by the RUS.

The Lake Tahoe Federal Advisory Committee will hold a meeting on February 9, 2012 at the Tahoe Regional Planning Agency, 128 Market Street, Stateline, NV 89449. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

The USDA, Forest Service, is preparing an Environmental Impact Statement (EIS) on proposed variable density thinning treatments designed to control stocking and maintain or improve overall forest vigor and resiliency within a 6,516-acre planning area known as Eden Ridge. Timber harvested from stand treatments would contribute commercial timber to the Forest's Probable Sale Quantity. The planning area is located approximately four (4) air miles southeast of the city of Powers, Oregon, on the Powers Ranger District. A Notice of Intent (NOI) was first published for this proposal on April 26, 2010, Volume 75, No. 79, pages 21577-21579. Due to the length of time that has passed since the first NOI was published, refinement of the proposed action, and a change in the responsible official, the district is publishing this Corrected NOI. The district now proposes within the planning area, timber harvest and other connected activities on approximately 3,314 acres in stands regenerated from timber harvested around the 1930s and 1940s via historical railroad logging. Candidate stands located on suitable forest land within the planning area are proposed for treatment that are designated as Matrix, with some amount of Riparian Reserve under the Land and Resource Management Plan as amended by the Northwest Forest Plan. Approximately seventy-five (75) treatment units would be designed for timber harvest with associated harvest systems that would use a combination of ground-based and skyline operations depending on soil, slope and hydrological concerns. To facilitate treatments within the potential units being considered, approximately: 10.5 miles new road construction 0.03 miles of temporary roads 3.7 miles reconstruction of existing template non system roads 7.7 miles maintenance of proposed existing cost share roads 31 miles maintenance of existing system roads is proposed. It is estimated the project could produce approximately 50 million board feet from the 3,314 acres being considered, from multiple timber sales over a 5-year period. The alternatives include the proposed action, no action, and additional alternatives that responded to issues generated through the scoping process. The agency will give notice of the full environmental analysis and decisionmaking process so interested and affected people may participate and contribute to the final decision.

In accordance with the Paperwork Reduction Act of 1995 (PRA), this notice announces the Grain Inspection, Packers and Stockyards Administration's (GIPSA) intention to request that the Office of Management and Budget (OMB) approve a 3-year extension of and revision to a currently approved information collection of a voluntary customer survey concerning the delivery of official inspection, grading, and weighing services authorized under the United States Grain Standards Act and the Agricultural Marketing Act of 1946. This voluntary survey gives customers that are primarily in the grain, oilseed, rice, lentil, dry pea, edible bean, and related agricultural commodity markets an opportunity to provide feedback on the quality of services they receive and provides GIPSA with information on new services that customers wish to receive. Customer feedback assists GIPSA's Federal Grain Inspection Service (FGIS) with enhancing the value of services and service delivery provided by the official inspection, grading, and weighing system.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations at (5 CFR part 1320), this notice announces the National Institute of Food and Agriculture (NIFA) intention to request approval for an extension of the currently approved information collection for the NIFA proposal review process.

This proposed rule would address recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on April 29, 2010, October 28, 2010, and April 29, 2011. These recommendations pertain to the 2012 Sunset Review of substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). Consistent with the NOSB recommendations, the proposed rule would continue, without change, the exemptions (use) and prohibitions for multiple listings on the National List for 5 years after their respective sunset dates. This proposed rule would amend the exemptions (use) or prohibition for 7 substances and remove the exemption for 3 substances on the National List.

The Huron-Manistee National Forests (Forest Service) and the Bureau of Land Management (BLM), as a Cooperating Agency, will prepare an environmental impact statement (EIS) to assess the environmental impacts of an industry proposal to drill one exploratory natural gas well, the USA & State South Branch 1-8 (SB 1-8) well, on National Forest System lands. The EIS will also assess the impacts of constructing necessary infrastructure, including production facility and flowline, should the well be capable of producing hydrocarbons in commercial quantities. This analysis will allow the agencies to make their respective decisions on this proposal in accordance with federal regulations. This notice revises the dates for Draft and Final Environmental Impact Statements.

We are removing lists of regions classified with respect to certain animal diseases and pests, and lists of States approved to receive horses imported from foreign regions where contagious equine metritis (CEM) exists, from our animal and animal product import regulations. Instead, the lists will be posted on the Animal and Plant Health Inspection Service's (APHIS') Web site. The regulations will provide the Web address and explain APHIS' criteria and processes for adding a region or a State to, or removing a region or State from, each of the lists. Because the lists will no longer be in the Code of Federal Regulations, changing the lists will no longer require rulemaking. We will keep the public informed of changes to the lists and provide opportunity for public comment through publications in the Federal Register. This rule will enable APHIS to more quickly recognize changes in the disease or pest status of foreign regions and approve States to receive horses from foreign regions where CEM exists. This rulemaking does not change the technical criteria APHIS uses to evaluate whether a foreign region should be added to or removed from a list or the criteria for approving a State to receive horses imported from foreign regions where CEM exists.

We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan.