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

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 National Animal Health Reporting System.

The Food Safety and Inspection Service (FSIS) is amending the meat and poultry product regulations pertaining to the schedule of operations. FSIS is amending these regulations to define the 8-hour workday as including time that inspection program personnel need to prepare the inspection station, if necessary, or retrieve and return lot tally sheets; the time necessary for FSIS inspection program personnel to sharpen knives, if necessary; and the time necessary to conduct duties scheduled by FSIS, including administrative activities. The activities are integral and indispensable to inspectors' work and are part of the continuous workday as defined by the Fair Labor Standards Act. Therefore, they are activities that need to be part of the Agency's regulatory definition for the 8-hour workday.

The Rural Utilities Service (RUS) has issued a Record of Decision (ROD) for the adoption of the Final Environmental Impact Statement (EIS) for the proposed participation of South Mississippi Electric Power Association (SMEPA) in Plant Ratcliffe, an Integrated Gasification Combined-Cycle Facility located in Kemper County, Mississippi (the Project). The Acting Administrator of RUS has signed the ROD, which is effective on the publication of this notice. The U.S. Department of Energy (DOE) prepared an Environmental Impact Statement (EIS) for the Project in cooperation with the U.S. Army Corps of Engineers (USACE). The purpose of the EIS was to evaluate the potential environmental impacts of the Project so that the DOE could assess potential cost-shared financing under the Clean Coal Power Initiative (CCPI) and issuance of a loan guarantee under the Energy Policy Act of 2005 (EPAct05), and the USACE could consider potential issuance of permits under Section 404 of the Clean Water Act. The DOE/USACE Final EIS was issued in May 2010, and DOE issued their Record of Decision (ROD) in August 2010. RUS is considering providing a $480 million loan guarantee to SMEPA that would provide for the acquisition of a 15% undivided ownership interest in the Project. RUS adopted the Final EIS pursuant to the National Environmental Policy Act of 1969 (NEPA) (U.S.C. 4231 et seq.), and in accordance with the Council on Environmental Quality's (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR Parts 1500-1508) and RUS's Environmental Policies and Procedures (7 CFR Part 1794). RUS determined that the actions covered by the DOE/USACE Final EIS and RUS's proposed action were substantially the same, given that no new infrastructure would be required for SMEPA's participation (40 CFR 1506.3(b)). RUS conducted an independent evaluation of the DOE/USACE Final EIS, the associated Mitigation Action Plan (MAP) and Record of Decision (ROD), determined the documentation met the standards of an adequate statement (40 CFR 1506.3(a)), and adopted the documentation (Subpart H, 7 CFR Part 1794).

The USDA Forest Service, together with the California Public Utilities Commission (CPUC), will prepare a joint Supplemental Environmental Impact Statement (EIS) and Supplemental Environmental Impact Report (EIR) to assess the effects of Federal Aviation Administration (FAA) recommendations on National Forest System lands for the Tehachapi Renewable Transmission Project (TRTP). The CPUC granted Southern California Edison (SCE) approval to build TRTP in Decision 09-12-044 on non-federal lands, and the Forest Service approved SCE to implement the TRTP on National Forest System lands in a 2010 Record of Decision (ROD). The decision required SCE to consult with the FAA for aviation safety. The FAA recommended installing marker balls on certain transmission line spans and aviation lighting on certain transmission structures. These recommendations will be analyzed in the joint Supplemental EIS/EIR. Following the public review period for the Draft Supplemental EIS/ EIR the Forest Service and CPUC will issue a Final Supplemental EIS/ EIR. The Forest Service will issue a ROD to document the decision to either approve or deny the changes to SCE's project. As the National Environmental Policy Act (NEPA) Lead Agency for the project, the Forest Service will conduct a detailed review of the effects of the FAA recommendations on National Forest System lands. Within the Angeles National Forest it is estimated that approximately 649 marker balls on 119 spans and 4 structures with aviation lights would impact Segments 6 and 11 to implement the FAA's recommendations. Two of the 4 structures recommended for aviation lights are on private lands within the Angeles National Forest, and are not subject to Forest Service jurisdiction or control. The Forest Service is providing notice of this analysis so that interested and affected individuals are aware of how they may participate and contribute towards the final decision on the TRTP by the Forest Service. Note: Segment 8A undergrounding options are not the subject of this Notice of Intent.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995 and OMB implementing regulations. The Department is soliciting public comments on the subject proposal.

The Huron-Manistee National Forests (Forest Service) and the Bureau of Land Management (BLM), as a Cooperating Agency, proposed to 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 leaseholder has withdrawn their application for permit to drill therefore this project has been cancelled. This notice cancels the notice of intent to prepare and environmental impact statement.

The Rural Housing Services published a document in the Federal Register on July 18, 2012, (77 FR 42258) concerning the availability of funds in the Agency's Farm Labor Housing Program. The document contained a deadline date of September 17, 2012, that the Agency is extending to October 31, 2012, and a funding restriction that is no longer applicable. The document also contained a documentation requirement concerning tax credits that the Agency is loosening and clarifying.

We are adopting as a final rule, without change, an interim rule that amended the Asian longhorned beetle regulations by adding portions of Worcester County, MA, and Clermont County, OH, to the list of quarantined areas and by removing a portion of Suffolk County, NY, from the list of quarantined areas. The interim rule was necessary to prevent the artificial spread of Asian longhorned beetle to noninfested areas of the United States and to relieve restrictions on certain areas that were no longer necessary.

The Forest Service is making purely technical, nonsubstantive changes to Forest Service regulations. These regulations authorize issuance of an order prohibiting operation or use of any internal or external combustion engine without a spark arresting device that is properly installed, maintained, and in effective working order in accordance with the standards. The reference to the standard is obsolete and needs to be updated. The standard does not apply and needs to be removed.

We are reopening the comment period for our proposed rule that clarified our interpretation of the veterinary practitioner exemption provided by the Virus-Serum-Toxin Act. This action will allow interested persons additional time to prepare and submit comments.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to enact one recommendation submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on April 29, 2010. This final rule revises the annotation for one substance on the National List, methionine, to reduce the maximum levels of synthetic methionine allowed in organic poultry production after October 1, 2012. This final rule permits the use of synthetic methionine at the following maximum levels per ton of feed after October 1, 2012: laying and broiler chickens2 pounds; turkeys and all other poultry3 pounds. This action also corrects the Chemical Abstracts Service (CAS) numbers for the allowable forms of synthetic methionine.

FSIS is announcing its intention to redesign its E. coli O157:H7 verification testing program for beef manufacturing trimmings to make the program more risk-based and to enable the Agency to calculate on-going statistical prevalence estimates for E. coli O157:H7 in raw beef manufacturing trimmings. This notice also discusses FSIS's plans to perform a beef carcass baseline. FSIS seeks public comment on its plans, which have been developed in response to a 2011 audit by the U.S. Department of Agriculture's Office of Inspector General (OIG) of FSIS's protocol for N-60 sampling of beef manufacturing trimmings for E. coli O157:H7. This notice also announces changes that FSIS has made to its beef manufacturing trimmings program to increase both the collection rate and the likelihood that FSIS will find positive samples. Finally, this notice summarizes a 2012 OIG report and the actions that FSIS has taken to address the recommendations in that report.

The Rural Utilities Service (RUS) intends to prepare an Environmental Assessment (EA) and hold public scoping meetings and to meet its responsibilities under the National Environmental Policy Act (NEPA), the Council on Environmental Quality's regulations for implementing NEPA (40 CFR parts 1500-1508), and RUS's Environmental and Policies and Procedures (7 CFR part 1794) in connection with potential impacts related to a proposal by Georgia Transmission Corporation (GTC). The proposal consists of constructing approximately 40 to 45 miles of 230 kilovolt (kV) transmission line in portions of Atkinson, Berrien, Clinch, Coffee, and Lanier Counties, Georgia. GTC is requesting that RUS provide financial assistance for the proposal.

The Central Idaho Resource Advisory Committee will meet in Salmon, Idaho. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and recommend projects to be funded under Public Law 112- 141.

The Prince of Wales Resource Advisory Committee will meet in Craig, AK. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 112-141) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and recommend projects authorized under title II of the Act.

The Lake County Resource Advisory Committee (RAC) will hold a meeting.

This rule invites comments on proposed revisions to the administrative rules prescribed under the marketing order regulating the handling of spearmint oil produced in the Far West. The marketing order is administered locally by the Spearmint Oil Administrative Committee (Committee). This rule would change the date by which a producer must transfer excess spearmint oil to another producer or deliver such oil to the Committee or its designees for storage from November 1 to December 1. This action would also change the date that the Committee must pool identified excess oil as reserve oil from November 1 to December 1. The proposed changes would be a relaxation of the handling regulations and are expected to benefit producers, handlers, and consumers.

The Arapaho and Roosevelt National Forests and Pawnee National Grassland is preparing an environmental impact statement to consider and disclose the environmental effects of constructing and operating a government-only, public safety radio communications facility near the summit of Middle Bald Mountain, in the Roosevelt National Forest. The Larimer County Sheriff's Office has proposed construction of a site to improve public safety radio communications among government agencies, such as County and State law enforcement, local fire departments, Larimer County Search and Rescue, U.S. Forest Service, FBI, and other emergency responders and public service providers operating in the north central portions of the County. The proposed communication facility would also improve radio communication in areas of the Cache la Poudre Canyon (the Canyon) and State Highway 14 which currently have poor or no radio communication.

GIPSA is announcing the designation of Idaho Grain Inspection Service (Idaho); Ohio Valley Grain Inspection, Inc. (Ohio Valley); and Utah Depart of Agriculture and Food (Utah) to provide official services under the United States Grain Standards Act (USGSA), as amended.

The Shoshone Resource Advisory Committee (Committee) is holding a meeting on September 19, 2012. The meeting was advertised as taking place in Thermopolis at Big Horn Federal Savings but is being changed to a conference call. This change is being made to increase participation by Committee members and to reduce funds spent on travel. The purpose of the meeting is to finalize selection of projects to recommend for 2012 Title II funds.

The Tehama County Resource Advisory Committee (RAC) will meet in Red Bluff, California. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to present, vote on and recommend project proposals.

In accordance with Section 304 of the Healthy, Hunger-Free Kids Act of 2012, this proposed rule would require local education agencies participating in the Department's National School Lunch Program and demonstrating high levels of, or a high risk for administrative error associated with certification, verification, and other administrative processes to conduct an independent review of the initial eligibility determinations for free and reduced price school meals for accuracy prior to notifying households of eligibility or ineligibility. Additionally, this proposed rule would require each affected local educational agency to submit to the relevant State agency the results of the reviews including the number of applications subject to a second review, the number and percentage of reviewed applications for which the eligibility determinations changed, and a summary of the type of changes made. State agencies would be required to submit to the Food and Nutrition Service, a report describing the results of the second reviews in their State. This proposed rule is expected to reduce administrative errors in eligibility determinations for free and reduced price school meals.

The Humboldt (NV) RAC will meet in Winnemucca, NV. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 112-141) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The purpose of the meeting is to complete any final business needed to recommend projects to the Humboldt-Toiyabe Forest Supervisor. Lacking any final business, this meeting will be cancelled.