Department of Agriculture June 2013 – Federal Register Recent Federal Regulation Documents

This interim rule modifies the size requirements for potatoes handled under the Colorado potato marketing order, Area No. 2 (order). The order regulates the handling of Irish potatoes grown in Colorado and is administered locally by the Colorado Potato Administrative Committee, Area No. 2 (Committee). This action revises the 1-inch minimum to 1\3/4\-inch maximum diameter size allowance for U.S. Commercial and better grade potatoes contained in the order's handling regulation for Area 2 to \3/4\-inch minimum to 1\5/8\-inch maximum diameter. In addition, this action revises the minimum size requirement under the order's general cull regulation to \3/4\-inch diameter. As required under section 8e of the Agricultural Marketing Agreement Act of 1937, this action also revises the size requirements for imported round type potatoes, other than red-skinned varieties. This change is expected to facilitate the handling and marketing of the Area No. 2 potato crop, provide producers and handlers with increased returns, and offer consumers increased potato purchasing options.

In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended, the United States Department of the Interior (USDOI), United States Department of Agriculture (USDA), Coeur d'Alene Indian Tribe (Tribe), and the State of Idaho (State) intend to prepare an Environmental Impact Statement (EIS) and by this notice are announcing the beginning of the scoping process to solicit public comments and identify issues.

The Agricultural Marketing Service published a document in the Federal Register on May 13, 2013 [78 FR 32030] concerning request for approval from the Office of Management and Budget for an Extension and Revision of a Currently Approved Information Collection With Additional Merge of Additional Collection: Regulations Governing Inspection and Certification of Fresh and Processed Fruits, Vegetables and other Products. The document contained errors.

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 program for the Annual Survey of Farmer Cooperatives, as authorized in the Cooperative Marketing Act of 1926.

The U.S. Department of Agriculture (USDA) is amending the Guidelines for Designating Biobased Products for Federal Procurement, to add eight sections to designate product categories within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (referred to in this document as ``section 9002''). USDA is also adding a new subcategory to one previously designated product category. USDA is also establishing minimum biobased content for each of these product categories and subcategories. In addition, USDA is officially changing the term ``item'' to ``product category.''

The U.S. Department of Agriculture, Rural Utilities Service (RUS), has issued a Supplemental Final Environmental Impact Statement (SFEIS) for the restart of Healy Power Plant's Unit 2 in Healy, Alaska. The (SFEIS) supplements a Final Environmental Impact Statement (FEIS), completed by the Department of Energy (DOE) in 1993 to evaluate potential impacts to the human environment from DOE's proposal to partially fund construction of Unit 2 of the Healy Power Plant to demonstrate emissions control technologies. In 1994, the DOE published a Record of Decision (ROD) for their FEIS in the Federal Register, Volume 59, Issue 54 (March 21, 1994). In 1997, Healy Unit 2 was constructed as a major modification to the existing Healy Power Plant's Unit 1, using funding from DOE and the Alaska Industrial Development and Export Authority (AIDEA). Healy Unit 1 is a 25 megawatt (MW) coal-fired boiler that has been owned and operated by Golden Valley Electric Association (GVEA) since 1967. Healy Unit 2 is a 50 MW coal-fired steam generator owned by AIDEA, which underwent test operation for two years as part of DOE's project. Unit 2 has been in warm layup since late 1999. The SFEIS updates information in DOE's FEIS and considers impacts of restarting Unit 2 for commercial operation. The SFEIS is available for a 30-day public review and comment period. Subsequent to the comment period RUS may issue a ROD.

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 regulations for the importation of Unshu oranges from Japan.

We are extending the comment period for our notice of intent to prepare an environmental impact statement (EIS) on environmental impacts that may result from the potential approval of petitions seeking a determination of nonregulated status of three cultivars of herbicide resistant corn and soybeans produced by Dow AgroSciences LLC. During the comment period, we are requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in the EIS. This action will allow interested persons additional time to prepare and submit comments. We are also announcing the dates of two virtual public meetings that we will be hosting to provide the public with additional opportunities to comment during the scoping period.

The Food Safety and Inspection Service (FSIS) is proposing to require the use of the descriptive designation ``mechanically tenderized'' on the labels of raw or partially cooked needle- or blade- tenderized beef products, including beef products injected with marinade or solution, unless such products are destined to be fully cooked at an official establishment. Beef products that have been needle- or- blade-tenderized are referred to as ``mechanically tenderized'' products. FSIS is proposing that the product name for such beef products include the descriptive designation ``mechanically tenderized'' and an accurate description of the beef component. By including this descriptive designation consumers will be informed that this product is non-intact. Non-intact products need to be fully cooked in order to be rendered free of pathogenic bacteria because bacteria may become translocated from the surface of the meat during mechanical tenderization. FSIS is also proposing that the print for all words in the descriptive designation as the product name appear in the same style, color, and size and on a single-color contrasting background. In addition, FSIS is proposing to require that labels of raw and partially cooked needle- or blade-tenderized beef products destined for household consumers, hotels, restaurants, or similar institutions include validated cooking instructions that inform consumers that these products need to be cooked to a specified minimum internal temperature, and whether they need to be held at that minimum temperature for a specified time before consumption, i.e., dwell time or rest time, to ensure that they are fully cooked. Based on the scientific evidence that indicates that mechanically tenderized beef products need to be cooked more thoroughly than intact beef products, FSIS is proposing these amendments to the regulations. FSIS is also announcing that it has posted on its Web site guidance for developing validated cooking instructions for mechanically tenderized product. The recommendations in the guidance document are based on the results from published research designed to identify minimum internal temperature and time combinations sufficient to render a product and studies designed to validate cooking instructions.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, that implement the Paperwork Reduction Act of 1995, this notice announces the National Institute of Food and Agriculture's (NIFA) intention to request approval to establish a new information collection for the REEport system.

Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programs:CFDA No. 10.458 (Crop Insurance Education in Targeted States). Prospective applicants should carefully examine and compare the notices of each announcement. The collections of information in this Announcement have been approved by OMB under control numbers 0563-0066 and 0563-0067. All applications, which must be submitted electronically through rma.agrisk.umn.edu must be received by close of business (COB) 11:59 p.m. EST. on July 22, 2013. Hard copy applications will NOT be accepted. A tutorial on how to apply is available at rma.agrisk.umn.edu.

The Forest Service is issuing an interim directive to guide its employees in revised procedures for Burned Area Emergency Response. The interim directive provides direction and guidance specific to assessing, planning and implementing post-fire emergency response actions on National Forest System (NFS) lands to ensure consistent and adequate analyses for evaluating post-fire risks and determining appropriate and cost-effective response actions. This interim directive supersedes the existing directive located at FSM 2523. Public comment is invited and will be considered during development of the final directive.

The National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule will meet in Salt Lake/West Valley City, Utah via webinar/conference call. The Committee operates in compliance with the Federal Advisory Committee Act (FACA) (Pub. L. 92-463). The purpose of the Committee is to provide advice and recommendations on the implementation of the National Forest System Land Management Rule and to continue deliberations on formulating advice to the Secretary on the Proposed Land Management Planning Directives. The meeting is also open to the public.

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

This document contains a correction to the final regulation that was published Thursday, February 28, 2013 (78 FR 13454-13460). The regulation pertains to the insurance of Pecans.

The Rural Utilities Service (RUS or Agency) is proposing policies and procedures for determining rural eligibility for all loans and loan guarantee financial assistance. In addition, policies and procedures are proposed for determining the percentage of total project costs the Agency will finance where the project supplies electricity to an electric utility serving an area that is less than 100 percent rural. By codifying these policies and procedures the agency will provide needed flexibility in the methods utilized to determine eligibility and percentage of financing.

The Rural Housing Service (RHS) of Rural Development previously announced in a Notice published July 18, 2012, (77 FR 42265) the availability of funds and the timeframe to submit applications for loans to private non-profit organizations and State and local housing finance agencies to carry out a demonstration program to provide revolving loans for the preservation and revitalization of low-income Multi-Family Housing (MFH). Rural Development did not receive sufficient applications to use all the available funds. As a result, Rural Development is soliciting additional applications under this Notice for the remaining funding. This Notice removes the $1 million cap on subsequent loans that was established under previous Notices. Please note the removal of the $1 million cap on subsequent loans for existing intermediaries only applies to applications received under this Notice. Housing that is assisted by this demonstration program must be financed by Rural Development through its MFH loan program under Sections 515, 514 and 516 of the Housing Act of 1949. The goals of this demonstration program will be achieved through loans made to intermediaries. The intermediaries will establish their programs for the purpose of providing loans to ultimate recipients for the preservation and revitalization of low-income Sections 515, 514, and 516 MFH as affordable housing.

The Big Horn County Resource Advisory Committee will meet in Greybull, Wyoming. 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 Ttitle II of the Act. The meeting is open to the public. The purpose of the meeting is to report on monitoring of projects as well as to validate recommended projects for 2013.

The Rural Utilities Service (RUS) announces its Revolving Fund Program (RFP) application window for Fiscal Year (FY) 2013. In addition to announcing the application window, RUS announces the available funding of $923,686 and maximum amounts for RFP competitive grants for the fiscal year. The RFP is authorized under section 306(a)(2)(B) of the Consolidated Farm and Rural Development Act (Con Act), 7 U.S.C. 1926 (a)(2)(B). Under the RFP, qualified private, non-profit organizations receive RFP grant funds to establish a lending program for eligible entities. Eligible entities for the revolving loan fund will be the same entities eligible, under paragraph 1 or 2 of Section 306(a) of the Con Act, 7 U.S.C. 1926(1) or (2), to obtain a loan, loan guarantee, or grant from the RUS Water, Waste Disposal and Wastewater loan and grant programs.

The U.S. Department of Agriculture (USDA) is proposing to rescind the Statement of Policy titled ``Public Participation in Rule Making,'' published in the Federal Register on July 24, 1971 (36 FR 13804) that requires agencies in USDA to follow the Administrative Procedure Act's (APA) notice-and-comment rulemaking procedures even in situations where the APA does not require it. The Statement of Policy implemented a 1969 recommendation by the Administrative Conference of the United States (ACUS), which urged Congress to amend the APA to remove the exemption from the notice-and-comment requirement for rulemakings relating to ``public property, loans, grants, benefits, or contracts,'' adding that agencies should follow the notice-and-comment procedures pending amendment of the APA. In proposing to rescind the Statement of Policy, USDA notes that in the more than 40 years since ACUS made its recommendation, Congress has not amended the APA to implement it. Moreover, USDA has determined in this time that the advantages of implementing the ACUS recommendation do not outweigh the disadvantages, such as increased costs and delayed implementation imposed on USDA programs. The proposed change would not result in USDA forgoing notice-and-comment rulemaking for all regulatory actions relating to public property, loans, grants, benefits, or contracts, rather the proposed change would grant USDA agencies the discretion to determine the appropriateness of notice-and- comment rulemaking for this class of rulemakings.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321-4370d, as implemented by the Council of Environmental Quality regulations (40 CFR parts 1500-1508) and Natural Resources Conservation Service (NRCS) regulations that implement NEPA at 7 CFR part 650, the NRCS Utah State Office announces its intent to prepare an Environmental Impact Statement (EIS) for the Green River/Tusher Diversion Dam Rehabilitation project. The purpose of this notice is to alert interested parties regarding the intent to prepare the EIS, to provide information on the nature of the proposed action and possible alternatives, and to invite public participation in the EIS process (including providing comments on the scope of the draft EIS, to announce that a public scoping meeting will be conducted, and to identify cooperating agency contacts). The EIS process will evaluate alternatives recommended for detailed study as a result of previous planning-level studies completed by NRCS and any additional (new) alternatives identified during scoping.

The Humboldt-Toiyabe National Forest (HTNF), Carson Ranger District, will prepare an environmental impact statement to analyze the effects of a proposal from Mt. Rose Ski Tahoe (Mt. Rose) to expand its lift and terrain network. The project is located approximately 12 miles west of the intersection of Mt. Rose Highway (Nevada State Route 431) and U.S. 395, immediately north of the Mt. Rose base lodge and parking area. The project is located on both private and National Forest System (NFS) land within Washoe County, Nevada.