Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19741 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

Draft Environmental Assessment; 

Giant Miscanthus in Arkansas, 

Missouri, Ohio, and Pennsylvania 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This notice announces the 

availability of a draft environmental 

assessment (EA) for the proposed 

establishment and production of giant 

miscanthus (Miscanthus X giganteus) as 

a dedicated energy crop to be grown in 

the Aloterra Energy and MFA Oil 

Biomass Company (project sponsors) 

proposed project areas in Arkansas, 

Missouri, Ohio, and Pennsylvania as 

part of the Biomass Crop Assistance 

Program (BCAP). This notice provides a 

means for the public to submit 

comments to voice concerns about the 

proposed BCAP project areas. 

DATES: We will consider comments that 

we receive by May 7, 2011. The Farm 

Service Agency (FSA) will consider 

comments received after that date to the 

extent possible. 

ADDRESSES: We invite you to submit 

comments on the draft EA. In your 

comment, include the volume, date, and 

page number of this issue of the Federal 

Register. You may submit comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• E-Mail: GiantMiscanthusEA

Comments@intenvsol.com. 

• Fax: 972–562–7673 ATTN: Giant 

Miscanthus EA Comments. 

• Mail: Giant Miscanthus EA 

Comments, Integrated Environmental 

Solutions, LLC, 2150 S Central Expy Ste 

110, McKinney, TX 75070. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

Comments may be inspected in the 

Office of the Director, CEPD, FSA, 

USDA, Room 4709 South Building, 

Washington, DC, between 8 a.m. and 

4:30 p.m., Monday through Friday, 

except holidays. 

You may request copies of the draft 

EA for Giant Miscanthus by writing to: 

Giant Miscanthus EA Copies, Integrated 

Environmental Solutions, LLC, 2150 S 

Central Expy, Ste 110, McKinney, TX 

75070, or by e-mail to: rschneider@

intenvsol.com, with the subject: 

‘‘Request for copy draft Giant 

Miscanthus EA.’’ 

FOR FURTHER INFORMATION CONTACT: 

Matthew Ponish, (202) 720–6853. 

Persons with disabilities who require 

alternative means for communication 

(braille, large print, audio tape, etc.) 

should contact the USDA Target Center 

at (202) 720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: The 

Aloterra Energy and MFA Oil Biomass 

Company submitted a proposal to FSA 

to establish BCAP project areas in 

Arkansas, Missouri, Ohio, and 

Pennsylvania. The proposal is to 

establish and produce giant miscanthus 

as a dedicated energy crop. The draft EA 

analyzes the environmental impacts of 

growing giant miscanthus in those areas. 

FSA will review comments submitted 

on the draft EA in response to this 

notice and use the additional input in 

developing the final EA and decision 

document about whether to approve the 

project or not. This notice announces 

the availability of the draft EA and the 

opening of the comment period; it does 

not discuss the contents of the draft EA. 

The draft EA for the proposed BCAP 

project areas supporting the 

establishment and production of Giant 

Miscanthus (Miscanthus X giganteus) in 

Arkansas, Missouri, Ohio, and 

Pennsylvania sponsored by Aloterra 

Energy LLC and MFA Oil Biomass LLC 

is now available to review for the 

environmental impact. 

The draft EA was prepared in 

accordance with the provisions of the 

National Environmental Policy Act 

(NEPA, 42 U.S.C. 4321–4347); the 

regulations of the Council on 

Environmental Quality (CEQ) (40 CFR 

parts 1500–1508); and FSA regulations 

for compliance with NEPA (7 CFR 799). 

As specified in the CEQ regulation, an 

EA is ‘‘ * * * a concise document for 

which a Federal agency is responsible 

that serves to (1) briefly provide 

sufficient evidence and analysis for 

determining whether to prepare an 

environmental impact statement [EIS] or 

(2) a finding of no significant impact’’ 

(40 CFR 1508.9). Additionally, since 

this document falls under the guidance 

of the BCAP final programmatic EIS 

(PEIS), which was a broad national-level 

program document, CEQ guidance 

allows for ‘‘tiering.’’ The CEQ regulation 

states that tiering ‘‘refers to the coverage 

of general matters in broader 

environmental impact statements with 

subsequent narrower statements or 

environmental analyses incorporating 

by reference the general discussions and 

concentrating solely on the issues 

specific to the statement subsequently 

prepared’’ (40 CFR 1508.28). 

Section 9001 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246, commonly referred to 

as the 2008 Farm Bill) authorizes BCAP. 

BCAP is administered by the FSA 

Deputy Administrator for Farm 

Programs, on behalf of the Commodity 

Credit Corporation (CCC), with the 

support of other Federal and local 

agencies. BCAP is intended to assist 

agricultural and forest land owners and 

operators with the establishment and 

production of eligible crops in selected 

project areas for conversion to 

bioenergy, and the collection, harvest, 

storage, and transportation of eligible 

material for use in a biomass conversion 

facility. 

On October 27, 2010, CCC published 

the Record of Decision (ROD) for the 

BCAP final PEIS (75 FR 65995–66007) 

and BCAP final rule (76 FR 66202– 

66243) in the Federal Register. As part 

of the mitigation measures detailed in 

the ROD, each project proposal is 

subject to a NEPA analysis prior to 

approval of the project area proposal. 

The initial environmental evaluation of 

a project area proposal is based on 

information contained in specific forms: 

BCAP–19, BCAP–20, BCAP–21, and 

BCAP–22, with supporting information. 

After this initial evaluation FSA can 

conclude either that: 

(1) No additional environmental 

analyses are applicable due to no 

potential for the proposed BCAP activity 

to significantly impact the environment, 

or 

(2) Additional environmental analyses 

in the form of an EA or EIS are 

necessary, depending upon the potential 

level of significance. 

Due to inconclusive results in the 

initial environmental evaluation, FSA is 

required to do an EA to make a 

determination whether there could be 

significant environmental impacts. 

The draft EA can be reviewed online 

at http://www.fsa.usda.gov/FSA/

webapp?area=home&subject=ecrc

&topic=nep-cd. 

Signed in Washington, DC on April 5, 

2011. 

Carolyn B. Cooksie, 

Acting Executive Vice President, Commodity 

Credit Corporation, and Acting 

Administrator, Farm Service Agency. 

[FR Doc. 2011–8421 Filed 4–7–11; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. 2011–0004] 

Exemption for Retail Store Operations 

AGENCY: Food Safety and Inspection 

Service, USDA. 


srobinson on DSKHWCL6B1PROD with NOTICES
19742 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 

ACTION: Notice of adjusted dollar 

limitations. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is announcing 

the dollar limitations on the amount of 

meat and meat food products, poultry 

and poultry products that a retail store 

can sell to hotels, restaurants, and 

similar institutions without 

disqualifying itself for exemption from 

Federal inspection requirements. In 

accordance with FSIS’s regulations, for 

calendar year 2011, the dollar limitation 

for meat and meat food products is 

being increased from $60,200 to $61,900 

but for poultry products will remain at 

$50,200. FSIS is retaining or changing 

the dollar limitations from calendar year 

2010 based on price changes for these 

products evidenced by the Consumer 

Price Index. 

DATES: Effective Date: This notice is 

effective April 8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Contact John O’Connell, Policy 

Issuances Division, Office of Policy and 

Program Development, FSIS, U.S. 

Department of Agriculture, Room 6083 

South Building, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

3700; telephone (202) 720–0345. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Meat Inspection Act (21 

U.S.C. 601 et seq.) and the Poultry 

Products Inspection Act (21 U.S.C. 451 

et seq.) provide a comprehensive 

statutory framework to ensure that meat, 

meat food products, poultry, and 

poultry products prepared for commerce 

are wholesome, not adulterated, and 

properly labeled and packaged. 

Statutory provisions requiring 

inspection of the preparation or 

processing of meat, meat food, poultry, 

and poultry products do not apply to 

the types of operations traditionally and 

usually conducted at retail stores and 

restaurants when those operations are 

conducted at any retail store or 

restaurant or similar retail-type 

establishment for sale in normal retail 

quantities (21 U.S.C. 661(c)(2) and 

454(c)(2)) FSIS’s regulations (9 CFR 

303.1(d) and 381.10(d)) elaborate on the 

conditions under which requirements 

for inspection do not apply to retail 

operations involving the preparation or 

processing of meat, meat food, poultry, 

and poultry products. 

Sales to Hotels, Restaurants, and 

Similar Institutions 

Under these regulations, sales to 

hotels, restaurants, and similar 

institutions (other than household 

consumers) disqualify a store for 

exemption if the product sales exceed 

either of two maximum limits: 25 

percent of the dollar value of total 

product sales or the calendar year dollar 

limitation set by the Administrator. The 

dollar limitation is adjusted 

automatically during the first quarter of 

the year if the Consumer Price Index 

(CPI), published by the Bureau of Labor 

Statistics, shows an increase or decrease 

of more than $500 in the price of the 

same volume of product for the previous 

year. FSIS publishes a notice of the 

adjusted dollar limitations in the 

Federal Register. (See 9 CFR 

303.1(d)(2)(iii)(b) and 

381.10(d)(2)(iii)(b).) 

The CPI for 2010 reveals an annual 

average price increase for meat and meat 

food products at 2.84 percent and an 

annual average price decrease for 

poultry products at 0.12 percent. When 

rounded to the nearest $100, the price 

for meat and meat food products 

increased by $1,700 and the price for 

poultry products decreased by $100. 

Because the price of meat and meat food 

products increased by more than $500, 

and because the price of poultry 

products did not decrease by more than 

$500, FSIS is increasing the dollar 

limitation on sales to hotels, restaurants, 

and similar institutions to $61,900 for 

meat and meat food products and is 

retaining it at $50,200 for poultry 

products for calendar year 2011, in 

accordance with 9 CFR 

303.1(d)(2)(iii)(b) and 381.10 

(d)(2)(iii)(b). 

USDA Nondiscrimination Statement 

The U.S. Department of Agriculture 

(USDA) prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, gender, 

religion, age, disability, political beliefs, 

sexual orientation, and marital or family 

status. (Not all prohibited bases apply to 

all programs.) Persons with disabilities 

who require alternative means for 

communication of program information 

(Braille, large print, audiotape, etc.) 

should contact USDA’s Target Center at 

202–720–2600 (voice and TTY). 

To file a written complaint of 

discrimination, write USDA, Office of 

the Assistant Secretary for Civil Rights, 

1400 Independence Avenue, SW., 

Washington, DC 20250–9410 or call 

202–720–5964 (voice and TTY). USDA 

is an equal opportunity provider and 

employer. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that the public and in particular 

minorities, women, and persons with 

disabilities, are aware of this notice, 

FSIS will announce it on-line through 

the FSIS Web page located at http://

www.fsis.usda.gov/regulations_&

_policies/Federal_Register_Notices/

index.asp. 

FSIS also will make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to our constituents and 

stakeholders. The Update is 

communicated via Listserv, a free e-mail 

subscription service consisting of 

industry, trade, and farm groups, 

consumer interest groups, allied health 

professionals, scientific professionals, 

and other individuals who have 

requested to be included. The Update 

also is available on the FSIS Web page. 

Through Listserv and the Web page, 

FSIS is able to provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an e-mail 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/News_&

_Events/Email_Subscription/. 

Options range from recalls, export 

information, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves, and have the 

option to password protect their 

accounts. 

Done at Washington, DC, on April 5, 2011. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. 2011–8413 Filed 4–7–11; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2011–0007] 

Codex Alimentarius Commission: 

Meeting of the Codex Alimentarius 

Commission 

AGENCY: Office of the Under Secretary 

for Food Safety, USDA. 

ACTION: Notice of public meeting and 

request for comments. 

SUMMARY: The Office of the Under 

Secretary for Food Safety, U.S. 

Department of Agriculture (USDA), is 

sponsoring a public meeting on June 16, 

2011. The objective of the public 

meeting is to provide information and 

receive public comments on agenda 


srobinson on DSKHWCL6B1PROD with NOTICES