Department of Agriculture January 2015 – Federal Register Recent Federal Regulation Documents

The Forest Service proposes ecological restoration in the Tobias Forest Ecosystem Restoration Project (Tobias Project) by encouraging a healthy and diverse forest ecosystem that is resilient to the effects of wildfire, drought, disease, and other disturbances. The Tobias Project is located in the Greenhorn Mountains on the Western Divide Ranger District, between Alta Sierra and Johnsondale in Tulare County, California. This project would commercially thin stands of mature trees, smaller than 30 inches in diameter at breast height (dbh), to increase heterogeneity and resilience on 1,290 acres. Hand thinning or mastication of immature trees and prescribed burning are proposed on 4,130. To restore the historic species composition, areas selected for thinning would favor Jeffrey and sugar pines, oak, and other shade intolerant species.

In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a new information collection that will be used to determine the applicant's citizenship.

The Secretaries propose to revise the regulations governing the rural determination process for the Federal Subsistence Program in Alaska. Under current regulations, the Federal Subsistence Board (Board) defines which community or area of Alaska is rural using guidelines and characteristics defined by the Secretaries. This new process will enable the Board to be more flexible in making decisions and take into account the regional differences found throughout the State.

The Food Safety and Inspection Service (FSIS), in collaboration with the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), is hosting a public meeting to update stakeholders on IFSAC's work to improve foodborne illness source attribution. Specifically, IFSAC will report on work to develop harmonized foodborne illness source attribution estimates, as well as other analyses IFSAC has undertaken since its formation in 2011. This work can assist in the development of food safety strategies. FSIS, FDA and CDC are also soliciting input from stakeholders to assist in planning for future IFSAC endeavors.

Notice is hereby given that the Rural Utilities Service (RUS) is issuing an Environmental Assessment (EA) in connection with potential impacts related to the proposed Big Bend to Witten Transmission Line Project by the Basin Electric Power Cooperative (Basin Electric). Basin Electric is requesting RUS financial assistance for the proposed action.

On September 30, 2014 the Under Secretary of Natural Resources and Environment created the Current River Unit. This purchase unit comprises 1,868 acres within Ripley County, Missouri. A copy of the establishment document, which includes the legal description of the lands within the purchase unit, appears at the end of this notice.

In a final rule published in the Federal Register on September 18, 2013, and effective on November 18, 2013, we amended the regulations concerning the definition of retail pet store and related regulations in order to ensure that the definition in the regulations is consistent with the Animal Welfare Act (AWA), thereby bringing more pet animals sold at retail under the protection of the AWA. As part of that action, we raised from three to four the maximum number of female breeding dogs, cats, or certain other animals that a person can maintain and be exempted from licensing, as long as they sell only the offspring of those animals born and raised on their premises for pets or exhibition and are not otherwise required to obtain a license. In the final rule, we overlooked raising the number of breeding females in one provision in the regulations concerning animal purchases by dealers and exhibitors. This document corrects the oversight.

The Tongass National Forest is working to complete an amendment to the Tongass Land and Resource Management Plan (forest plan) by August 2016. The scope of the plan amendment is narrowly focused to accomplish a transition to young growth management as provided in the Secretary's Memorandum (1044-009), and to make renewable energy development more permissive on the Tongass. Changes to the forest plan are being developed under the new National Forest System land management planning rule (36 CFR part 219) (2012 planning rule), and embody the provisions of the National Forest Management Act. The Tongass is the first national forest to amend a plan completed under the 1982 planning rule using the 2012 planning rule. Based on public scoping comments received on the Notice of Intent (NOI) that was published in the Federal Register (FR) on May 27, 2014 (79 FR 30074), as well as comments received on the five-year review of the forest plan, four issues were identified that focus on: (1) Young- growth transition; (2) renewable energy; (3) roadless areas; and (4) wildlife habitat and the old growth conservation strategy. Three public open houses have been planned in Juneau, Sitka and Ketchikan, Alaska to share information with the public about the progress being made on the Proposed Forest Plan Amendment and Draft EIS, and to provide opportunity for the public to comment on the Draft Plan Monitoring Program.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that decreased the assessment rate established for the Texas Valley Citrus Committee (Committee) for the 2014-15 and subsequent fiscal periods from $0.16 to $0.11 per 7/10- bushel carton or equivalent of oranges and grapefruit handled. The Committee locally administers the marketing order, which regulates the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. The interim rule was necessary to decrease the assessment rate to reflect reductions to the marketing program and management fees while still providing adequate funding to meet program expenses.

This interim rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2014-2015 marketing year under the Far West spearmint oil marketing order. This rule increases the Native spearmint oil salable quantity from 1,090,821 pounds to 1,280,561 pounds and the allotment percentage from 46 percent to 54 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of maintaining orderly marketing conditions in the Far West spearmint oil market.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to the University of Nebraska-Lincoln of Lincoln, Nebraska, an exclusive license to the smooth bromegrass variety named ``NEWELL''.

This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2015 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. The 2015 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate.

We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from the Monsanto Company (Monsanto) seeking a determination of nonregulated status of maize designated as event MON 87403, which has been genetically engineered for increased ear biomass. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Monsanto petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition.

We are withdrawing an interim rule that established regulations to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain fresh and saltwater fish. We are taking this action after considering the comments we received following the publication of the interim rule, which subsequently delayed the effective date of the interim rule indefinitely.

Notice is hereby given that the comment period on proposed modifications to the organic assessment exemption regulations under 23 Federal marketing orders and 22 research and promotion programs is extended until February 17, 2015. The proposed rule would expand the organic assessment exemption to cover all ``organic'' and ``100 percent organic'' products certified under the National Organic Program regardless of whether the person requesting the exemption also produces, handles, markets, or imports conventional or nonorganic products. The authority for this proposal is in section 10004 of the Agricultural Act of 2014.

The Ochoco National Forest is preparing an environmental impact statement (EIS) to analyze the effects of managing vegetation and fuels within the 34,011 acre Black Mountain project area, which is approximately 35 miles east of Prineville, Oregon. The project area includes National Forest system lands within the North Fork Crooked River watershed. The alternatives that will be analyzed include the proposed action, no action, and additional alternatives that will respond to issues generated through the scoping process. The Ochoco National Forest will give notice of the full environmental analysis and decision making process so interested and affected people may participate and contribute to the final decision.

This rule proposes changes to the meal pattern requirements for the Child and Adult Care Food Program (CACFP) to better align the meal patterns with the 2010 Dietary Guidelines for Americans, as required by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA). The proposed changes are based on the Dietary Guidelines for Americans, science-based recommendations made by the Institute of Medicine of the National Academies in the report Child and Adult Care Food Program: Aligning Dietary Guidance for All, and input from stakeholders, as well as cost and practical considerations for CACFP institutions and facilities. In addition, this proposal would make additional revisions to the health and wellness components of CACFP to reflect several requirements set forth in the HHFKA, including making changes to the purpose of the Program and making water available to Program participants. Several of these changes would be extended to the National School Lunch Program, School Breakfast Program, and Special Milk Program to increase consistency across all Child Nutrition Programs. Implementation of this proposed rule would serve as a step towards more nutritious meals that improve the dietary habits of participants in day care.

This final rule removes regulations for the Export Enhancement Program (EEP) and the Dairy Export Incentive Program (DEIP) from the Code of Federal Regulations, because the authorities for these programs were repealed by Section 3103 of the Food, Conservation, and Energy Act of 2008, Public Law 110-246, and Section 1423 of the Agricultural Act of 2014, Public Law 113-79, respectively.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), Food and Drug Administration (FDA), and U.S. Department of Health and Human Services, are sponsoring a public meeting on February 23, 2015. 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 9th Session of the Codex Committee on Contaminants in Food (CCCF) of the Codex Alimentarius Commission (Codex), taking place in New Delhi, India, March 16-20, 2015. The Deputy Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 9th Session of the CCCF and to address items on the agenda.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA) are sponsoring a public meeting on March 19, 2015. 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 22nd Session of the Codex Committee on Residues of Veterinary Drugs in Foods (CCRVDF) of the Codex Alimentarius Commission (Codex), taking place in San Jose, Costa Rica, from April 27-May 1, 2015. The Deputy Under Secretary for Food Safety and the Food and Drug Administration recognize the importance of providing interested parties the opportunity to obtain background information on the 22nd Session of CCRVDF, and to address items on the agenda.

On November 28, 2014, Rural Utilities Service (RUS) published a Notice of Intent (NOI) announcing its intent to cancel a Supplemental Final Environmental Impact Statement (SFEIS) and prepare a Draft Environmental Impact Statement (DEIS) in association with a financial assistance request for a proposal submitted to the Agency by Energy Answers Arecibo, LLC (Energy Answers). RUS is extending the comment period by an additional 30 days from the date of this notice. RUS intends to conduct public scoping, conduct a public scoping meeting, and prepare an Environmental Impact Statement (EIS) 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 the Energy Answers proposal. The proposal consists of constructing a waste-to-energy generation and resource recovery facility in the Cambalache Ward of Arecibo, Puerto Rico. RUS is providing notice of the intention to conduct public scoping and prepare an EIS related to the proposal submitted by Energy Answers. RUS is considering funding this application, thereby making the proposal an undertaking subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and its implementing regulation, ``Protection of Historic Properties'' (36 CFR part 800). Any party wishing to participate directly with RUS as a ``consulting party'' in Section 106 review may submit a written request to the RUS contact provided below. Pursuant to 36 CFR 800.3(f)(3), RUS will consider, and provide a timely response to, any and all requests for consulting party status.

The Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the effects of revising the motorized travel plan for the Powell Ranger District (District) of the Dixie National Forest. The District is proposing to relocate, reclassify, or decommission a number of existing roads and trails as well as construct or designate new roads and trails. Some of the activities are proposed within Inventoried Roadless Areas. This revision only addresses subpart B of the Travel Management Rule which provides for a system of National Forest Roads, National Forest Trails, and areas on the National Forest System (NFS) lands that are designated for motorized use. This project does not address over the snow motor vehicle use, motorized cross- country travel, nor does it revisit motorized cross-country travel for big game retrieval. The project is limited to addressing known deficiencies for the District in the 2009 Dixie National Forest Motorized Travel Plan.

As set forth in 7 CFR 4279.107, the Agency has the authority to charge an initial guarantee fee and an annual renewal fee for loans made under the Business and Industry (B&I) Guaranteed Loan Program. Pursuant to that authority, the Agency is establishing the renewal fee rate at one-half of 1 percent for the B&I Guaranteed Loan Program. This rate will apply to all loans obligated in Fiscal Year (FY) 2015 that are made under the B&I program. As established in 7 CFR 4279.107(b)(1), the amount of the fee on each guaranteed loan will be determined by multiplying the fee rate by the outstanding principal loan balance as of December 31, multiplied by the percent of guarantee. The Agency was authorized by the 2012 Appropriations Bill, and subsequent Appropriation Acts, to charge a maximum of 3 percent for its guarantee fee for FYs 2012, 2013, and 2014. The 2015 Appropriations Act does contain a provision to charge a maximum of 3 percent for its guarantee fee for FY 2015. As such, the guarantee fee for FY 2015 will be 3 percent. As set forth in 7 CFR 4279.107(a) and 4279.119(b)(4), each fiscal year, the Agency shall establish a limit on the maximum portion of B&I guarantee authority available for that fiscal year that may be used to guarantee loans with a reduced guarantee fee or guaranteed loans with a guarantee percentage exceeding 80 percent. Allowing a reduced guarantee fee or exceeding the 80 percent guarantee on certain B&I guaranteed loans that meet the conditions set forth in 7 CFR 4279.107 and 4279.119 will increase the Agency's ability to focus guarantee assistance on projects which the Agency has found particularly meritorious. For reduced guarantee fees, the borrower's business must support value-added agriculture and result in farmers benefiting financially or must be a high impact business investment as defined in 7 CFR 4279.155(b)(5) and be located in rural communities that experience long-term population decline and job deterioration, remain persistently poor, are experiencing trauma as a result of natural disaster, or are experiencing fundamental structural changes in its economic base. For guaranteed loans exceeding 80 percent, such projects must qualify as a high-priority project (a requirement of 7 CFR 4279.119(b)), scoring at least 50 points in accordance with 7 CFR 4279.155(b). Not more than 12 percent of the Agency's quarterly apportioned B&I guarantee authority will be reserved for loan requests with a reduced fee, and not more than 15 percent of the Agency's quarterly apportioned guarantee authority will be reserved for guaranteed loan requests with a guarantee percentage exceeding 80 percent. Once the respective quarterly limits are reached, all additional loans for that quarter will be at the standard fee and guarantee limits.