Department of Agriculture 2012 – Federal Register Recent Federal Regulation Documents

In March 2008, the U.S. Forest Service completed the Eldorado National Forest Public Wheeled Motorized Travel Management Final Environmental Impact Statement (ENF TM FEIS) and Record of Decision (ROD). The 2008 TM FEIS and ROD designated roads and trails to be open for public motor vehicle use and prohibited cross country travel. In 2009 a complaint was filed with the Eastern District Federal Court (Court Case No. 2:09-CV-02523-LKK-JFM). In its opinion dated May 26, 2011, the Court found the Forest Service failed to comply with the National Forest Management Act (``NFMA'') in connection with its analysis and designation of routes encountering meadows. In particular, the court found that the Forest Service had designated 42 routes through meadows which was inconsistent with certain standards and guidelines in both the Forest's 1989 Land and Resource Management Plan (LRMP) and standards and guidelines within the 2004 Sierra Nevada Forest Plan Amendment (SNFPA), which amended the ENF LRMP. The Court pointed out that the error in the agency's Travel Management Decision was limited to 42 routes designated for public wheeled motorized travel that have some segment(s) that go through meadows. The purpose of the current analysis is to comply with the subsequent court order to reconsider that portion of the Travel Management Decision that pertains to the Riparian Conservation Objective (RCO) 2 for Standard and Guideline 100 pertaining to the meadows on the 42 routes, and to determine whether public wheeled motor vehicle use will be allowed on the portions of those routes that were closed by Court Order.

The Helena National Forest (HNF) is submitting a corrected Notice of Intent (NOI) in regard to the Blackfoot Travel Plan Environmental Impact Statement (EIS) that is being prepared. This NOI includes the correction of the previous Blackfoot Travel Plan NOI and includes a new alternative, alternative 3 and a potential programmatic plan amendment to the Helena National Forest Plan regarding the standard for elk hiding cover/open road density index. The plan amendment would be signed as a separate decision to the Blackfoot Travel Plan EIS. The proposed programmatic plan amendment would establish a new standard for elk security for the herd units located within the project area. As a result, HNF Forest Plan Standard 4a would be amended as it relates to the Blackfoot travel planning area. This programmatic plan amendment was not explicitly stated in the previous two Federal Register notices. All other aspects of the proposal are the same as those described in the previous Federal Register notices. The Helena National Forest is preparing an EIS to analyze the effects of proposed changes to existing motorized public access routes and prohibitions within the Blackfoot travel planning area. Consistent with Forest Service travel planning regulations, the resulting available public motorized access routes and areas would be designated on a Motor Vehicle Use Map (MVUM). Upon publishing the MVUM, public use of a motor vehicle other than in accordance with those designations would be prohibited.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are amending and republishing the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action implements the findings of the third biennial review of the list. In addition, we are reorganizing the list of select agents and toxins based on the relative potential of each select agent or toxin to be misused to adversely affect human, plant, or animal health. Such tiering of the list allows for the optimization of security measures for those select agents or toxins that present the greatest risk of deliberate misuse with the most significant potential for mass casualties or devastating effects to the economy, critical infrastructure, or public confidence. We are also making a number of amendments to the regulations, including the addition of definitions and clarification of language concerning security, training, biosafety, biocontainment, and incident response. These changes will increase the usability of the select agent regulations as well as provide for enhanced program oversight.

The U.S. Department of Agriculture (USDA) intends to re- establish the Advisory Committee on Universal Cotton Standards (Committee). The Committee is necessary and in the public interest. The Committee reviews official Universal Standards for American Upland cotton prepared by USDA and would make recommendations to the Secretary of Agriculture regarding the establishment or revision of standards. USDA also seeks nominations of individuals to be considered for selection as Committee members.

The Caribou-Targhee National Forest is proposing to begin charging fees at the Al Taylor Cabin. Facilities at the site have recently been reconstructed and amenities have been added to improve services and experiences. Fees are assessed based on the level of amenities and services provided, cost of operation and maintenance, market assessment, and public comment. Funds from fees would be used for the continued operation and maintenance of these recreation sites. The Al Taylor cabin recently came into Forest Service ownership. It is located approximately 35 miles NE of Dubois, Idaho and 10 miles NW of Kilgore, Idaho. Access is via a gravel 2WD road. The proposed fee would be $35.00 per night and the cabin will accommodate 5-8 people.

In accordance with Section 3(b) of the Wild and Scenic Rivers Act, the USDA Forest Service, Washington Office, is transmitting the final amended boundary of the White Salmon Wild and Scenic River ``Lower Segment'' to Congress.

We are giving notice that the Secretary of Agriculture intends to renew the charter of the General Conference Committee of the National Poultry Improvement Plan (Committee) for a 2year period. The Secretary of Agriculture has determined that the Committee is necessary and in the public interest.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension for a currently approved information collection in support of the Rural Energy for America Program (REAP).

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.