Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46413 

The following are allowed as color 

ingredients from agricultural products: 

Annatto extract color (pigment CAS # 

1393–63–1)—water and oil soluble; Beet 

juice extract color (pigment CAS # 

7659–95–2); Beta-Carotene extract color 

from carrots (CAS # 1393–63–1); Black 

currant juice color (pigment CAS #’s: 

528–58–5, 528–53–0, 643–84–5, 134– 

01–0, 1429–30–7, and 134–04–3); Black/ 

Purple carrot juice color (pigment CAS 

#’s: 528–58–5, 528–53–0, 643–84–5, 

134–01–0, 1429–30–7, and 134–04–3); 

Blueberry juice color (pigment CAS #’s: 

528–58–5, 528–53–0, 643–84–5, 134– 

01–0, 1429–30–7, and 134–04–3); Carrot 

juice color (pigment CAS # 1393–63–1); 

Cherry juice color (pigment CAS #’s: 

528–58–5, 528–53–0, 643–84–5, 134– 

01–0, 1429–30–7, and 134–04–3); 

Chokeberry—Aronia juice color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3); Elderberry juice color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3); Grape juice color (pigment 

CAS #’s: 528–58–5, 528–53–0, 643–84– 

5, 134–01–0, 1429–30–7, and 134–04– 

3); Grape skin extract color (pigment 

CAS #’s: 528–58–5, 528–53–0, 643–84– 

5, 134–01–0, 1429–30–7, and 134–04– 

3); Paprika color—dried powder and 

vegetable oil extract (CAS # 68917–78– 

2); Pumpkin juice color (pigment CAS # 

127–40–2); Purple potato juice color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3); Red cabbage extract color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3); Red radish extract color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3); Saffron extract color 

(pigment CAS # 1393–63–1), and 

Turmeric extract color (CAS # 458–37– 

7). 

The following are allowed as 

ingredients or processing aids from 

agricultural products: Casings, from 

processed intestines (no CAS #); Celery 

powder (No CAS #); Chia (Salvia 

hispanica L.) (no CAS #); Dillweed oil 

(CAS # 8006–75–5); Fish oil (Fatty acid 

CAS #’s: 10417–94–4, and 25167–62–8); 

Fructooligosaccharides (CAS # 308066– 

66–2); Galangal, frozen (no CAS #); 

Gelatin (CAS # 9000–70–8); Hops 

(Humulus lupulus) (no CAS #); Inulin, 

oligofructose enriched (CAS # 9005–80– 

5); Konjac flour (CAS # 37220–17–0); 

Lemongrass, frozen (no CAS #); Orange 

shellac, unbleached (CAS # 9000–59–3); 

Pepper, chipotle chile (no CAS #); 

Sweet potato starch, for bean thread 

production only (no CAS #); Turkish 

bay leaves (no CAS #); Wakame seaweed 

(Undaria pinnatifida) (no CAS #); and 

Whey protein concentrate (no CAS #). 

The Handling Committee will begin 

their review pertaining to the continued 

exemption (use) of the following 

nonagricultural (nonorganic) substances 

allowed as ingredients in or on 

processed products labeled as ‘‘organic’’ 

or ‘‘made with organic (specified 

ingredients or food groups(s)) currently 

scheduled for expiration after October 7, 

2012 from § 205.605 as (a) 

Nonsynthetics allowed: Acids (Alginic; 

Citric; and Lactic); Bentonite; Calcium 

carbonate; Calcium chloride; 

Carageenan; Dairy cultures; 

Diatomaceous earth; Enzymes; Flavors; 

Kaolin; Magnesium sulfate; Nitrogen; 

Oxygen; Perlite; Potassium chloride; 

Potassium iodide; Sodium bicarbonate; 

Sodium carbonate; Waxes; Yeast 

(Autolysate; Bakers; Brewers; 

Nutritional; and Smoked). 

The Handling Committee will begin 

their review pertaining to the continued 

exemption (use) of the following 

nonagricultural (nonorganic) substances 

allowed as ingredients in or on 

processed products labeled as ‘‘organic’’ 

or ‘‘made with organic (specified 

ingredients or food groups(s)) currently 

scheduled for expiration after October 7, 

2012 listed on § 205.605 as (b) 

Synthetics allowed: Alginates; 

Ammonium bicarbonate; Ammonium 

carbonate; Ascorbic acid; Calcium 

citrate; Calcium hydroxide; Calcium 

phosphates (monobasic, dibasic, and 

tribasic); Carbon dioxide; Chlorine 

materials (Calcium hypochlorite; 

Chlorine dioxide; and Sodium 

hypochlorite); Ethylene; Ferrous sulfate; 

Glycerides (mono and di) Glycerin; 

Hydrogen peroxide; Lecithin—bleached; 

Magnesium carbonate; Magnesium 

chloride; Magnesium stearate; Nutrient 

vitamins and minerals; Ozone; Pectin 

(low-methoxy); Phosphoric acid; 

Potassium acid tartrate; Potassium 

carbonate; Potassium citrate; Potassium 

hydroxide; Potassium iodide; Potassium 

phosphate; Silicon dioxide; Sodium 

citrate; Sodium hydroxide; Sodium 

phosphates; Sulfur dioxide; 

Tocopherols; and Xanthan gum. 

The Handling Committee will begin 

their review pertaining to the continued 

exemption (use) of the nonorganically 

produced agricultural products allowed 

as ingredients in or on processed 

products labeled as ‘‘organic’’ on 

§ 205.606 depending on final 

commercial availability determinations 

performed by accredited certifying 

agents that are scheduled to expire after 

October 7, 2012. They are as follows: 

Cornstarch (native); Gums-water 

extracted only (arabic, guar, locust bean, 

carob bean); Kelp; Lecithin-unbleached; 

and Pectin (high-methoxy). 

The Meeting is Open to the Public. 

The NOSB has scheduled time for 

public input for Tuesday, November 3, 

2009, from 10:45 a.m. to 5 p.m. and 

Wednesday, November 4, 2009, from 

3:30 p.m. to 5 p.m. Individuals and 

organizations wishing to make oral 

presentations at the meeting may 

forward their requests by mail, 

facsimile, e-mail, or phone to Ms. 

Valerie Frances as listed in ADDRESSES

above. Individuals or organizations will 

be given approximately five minutes to 

present their views. All persons making 

oral presentations are requested to 

provide their comments in writing. 

Written submissions may contain 

information other than that presented at 

the oral presentation. Anyone may 

submit written comments at the 

meeting. Persons submitting written 

comments are asked to provide 30 

copies. 

Interested persons may visit the 

NOSB portion of the NOP Web site at 

http://www.ams.usda.gov/nop to view 

available meeting documents prior to 

the meeting, or visit http:// 

www.regulations.gov to submit and view 

comments as provided for in ADDRESSES

above. Documents presented at the 

meeting will be posted for review on the 

NOP Web site approximately six weeks 

following the meeting. 

Dated: August 28, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–21610 Filed 9–8–09; 8:45 am] 

BILLING CODE 3410–02–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

National Environmental Policy Act: 

Categorical Exclusions for Certain 

Internal, Domestic USAID Activities 

Funded From the USAID Operating 

Expense Account 

AGENCY: United States Agency for 

International Development. 

ACTION: Directive of Final Action and 

Request for Comments. 

SUMMARY: The United States Agency for 

International Development (USAID) 

hereby establishes Categorical 

Exclusions (CEs) under the National 

Environmental Policy Act (NEPA) for 

certain types of activities that focus on 

internal, domestic USAID Operating 

Expense (OE) account-funded activities 

such as routine internal administrative 

actions, routine maintenance of 

domestic facilities, and procurement 


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46414 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

and deployment of information 

technology software and systems in 

existing facilities. The Directive CEs 

will better ensure USAID 

implementation of NEPA by providing 

for the efficient and timely 

environmental review of routine 

internal administrative operations at 

USAID facilities. 

DATES: Submit comments on or before 

October 9, 2009. 

Effective Date: This Directive is 

effective immediately upon publication. 

All comments will be reviewed and 

considered to determine whether there 

is a need for potential amendment to the 

CEs. 

ADDRESSES: United States Agency for 

International Development, Ronald 

Reagan Building, 1300 Pennsylvania 

Avenue, Washington, DC 20523. 

FOR FURTHER INFORMATION CONTACT: 

George Higginbotham, M/MPBP/POL 

Rm. 6.8–104, United States Agency for 

International Development, Ronald 

Reagan Building, 1300 Pennsylvania 

Avenue, Washington, DC 20523, 

ghigginbotham@usaid.gov. 

SUPPLEMENTARY INFORMATION: Consistent 

with the Council on Environmental 

Quality (CEQ) Regulations for 

Implementing the Procedural Provisions 

of the National Environmental Policy 

Act, this Directive establishes CEs for 

certain routine internal, domestic 

administrative and operational activities 

of USAID organizations and offices 

funded from the OE account. These 

selected types of OE-funded activities 

were reviewed and determined to be 

categories of actions that do not have 

individual or cumulative significant 

effects on the human or natural 

environment, and therefore are the 

appropriate subject of a Categorical 

Exclusion under NEPA. The activities 

addressed in this Directive are routine 

internal administrative actions, routine 

maintenance of domestic USAID 

facilities, and procurement and 

deployment of information technology 

software and systems in existing USAID 

facilities. The activities addressed in 

this Directive maintain the daily 

internal administrative functions of 

USAID and do not have the potential for 

significant environmental effects. The 

Directive provides for the required 

review to determine whether there are 

extraordinary circumstances that may 

trigger a requirement for either an 

Environmental Assessment (EA) or 

Environmental Impact Statement (EIS), 

and, in the absence of such 

extraordinary circumstances, provides 

for the activity to proceed without 

preparation of an EA or EIS. 

USAID has to date ensured the 

environmental soundness of its internal 

administrative management operations 

(OE-funded activities) by directly 

applying the Presidential Executive 

Orders on Greening the Government. 

USAID will continue to follow these 

Executive Orders (including Executive 

Order 13423 and related Executive 

Orders) when applying CEs for certain 

activities under this directive. These 

include maintaining existing USAID 

facilities and procuring, maintaining, 

and disposing of computer equipment. 

This Directive establishes NEPAcompliant CEs for USAID’s domestic, 

internal OE-funded activities. 

USAID intends to publish a proposed 

NEPA regulation on all of its OE-funded 

actions later this year, and the CEs in 

this Directive will, subject to 

consideration of public comments, be 

included or otherwise incorporated in 

that proposed USAID NEPA regulation. 

USAID will publish the CEs included 

in this Directive on the USAID Web site, 

which is available to the public. 

Neither this action nor the proposed 

follow-on NEPA regulation to be 

developed for USAID’s OE-funded 

activities affects or changes in any way 

USAID’s current environmental impact 

assessment procedures (22 CFR 216) 

that apply to all program activities 

funded by appropriations provided 

through the Agency’s program accounts. 

Regulatory Certifications 

Executive Order 12866 

This Directive has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review.’’ The Office of Management and 

Budget has determined that this 

Directive is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

and accordingly, this Directive has not 

been reviewed by the Office of 

Management and Budget. This Directive 

affects USAID internal procedures. 

Whatever costs that may result from this 

Directive should be outweighed by the 

reduction in delay and excessive 

paperwork from these procedures. 

Executive Order 13121 

This Directive only affects certain 

internal administrative procedures and 

actions of USAID as described in this 

Directive that will not have substantial 

direct effects on the States, relationships 

between the national government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this Directive will 

not have sufficient federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Executive Order 12988 

This Directive meets the applicable 

standards set forth in section 3(a) and 

3(b)(2) of Executive Order 12988. 

Regulatory Flexibility Act 

USAID’s Regulatory Policy Officer, in 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), has 

reviewed this Directive and approved it. 

Because this Directive only affects the 

internal procedures of the USAID, it 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Unfunded Mandates Reform Act of 1995 

This Directive will not result in an 

expenditure of $100,000,000 or more in 

any one year by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, nor will it significantly or 

uniquely affect small governments. 

Therefore, no actions are deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This Directive is not a major rule as 

defined in section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This Directive will 

not result in an annual effect on the 

economy of $100,000,000 or more, a 

major increase in costs or prices, 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Environmental Impact 

This Directive supplements CEQ 

regulations and provides guidance to 

USAID employees regarding procedural 

requirements for certain OE-funded 

activities that do not individually or 

cumulatively have a significant effect on 

the human environment. CEQ does not 

direct agencies to prepare a NEPA 

analysis or document before 

establishing agency procedures that 

supplement the CEQ regulations for 

implementing NEPA. Agency NEPA 

procedures are procedural guidance to 

assist agencies in the fulfillment of 

agency responsibilities under NEPA. 

The requirements for establishing 

agency NEPA procedures are set forth at 

40 CFR 1505.1 and 1507.3 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46415 

For the reasons set out in the 

preamble, USAID establishes the 

following Directive: 

Categorical Exclusions for Domestic 

Internal Operational Activities 

Purpose: Establish National 

Environmental Policy Act (NEPA)- 

compliant Categorical Exclusions for 

certain United States Agency for 

International Development (USAID) 

domestic internal operational activities. 

Policy: Consistent with the Council on 

Environmental Quality (CEQ) 

Regulations for Implementing the 

Procedural Provisions of NEPA (40 CFR 

parts 1500–1508) (CEQ NEPA 

regulations), USAID establishes the 

following Categorical Exclusions for 

certain categories of internal, domestic 

USAID Operating Expense (OE) 

account-funded activities that address 

routine internal administrative and 

operational activities. A proposed action 

may be categorically excluded if the 

action fits within a category that is 

eligible for exclusion and the proposed 

action does not involve any 

extraordinary circumstances. 

The categories of activities eligible for 

Categorical Exclusions are: 

a. Internal personnel, fiscal, 

management, and administrative 

activities, such as recruiting, processing, 

paying, recordkeeping, resource 

management, budgeting, personnel 

actions, official travel, and reductions, 

increases, realignments, or relocation of 

personnel that do not exceed the 

infrastructure capacity or change the use 

of USAID occupied office space. An 

example of a substantial change in use 

of the supporting infrastructure would 

be an increase in vehicular traffic 

beyond the capacity of the supporting 

road network to accommodate such an 

increase; or generating a new stream of 

toxic or hazardous waste that needs to 

be properly disposed of. 

b. Actions at USAID owned or 

operated facilities involving routine 

facility maintenance, repair, and 

grounds-keeping; minor rehabilitation, 

restoration, renovation, or revitalization 

of existing facilities; and replacement, 

acquisition, and installation of 

information technology and similar 

office equipment. To qualify for this 

Categorical Exclusion, all such 

acquisition actions shall comply with 

the Presidential Executive Orders on 

Greening the Government. This includes 

E.O. 13423 and related Executive 

Orders. 

c. Acquisition actions (compliant with 

applicable procedures for sustainable or 

‘‘green’’ procurement) and contracting 

actions necessary to support the normal 

conduct of USAID business. Examples 

include office supplies and utilities, and 

equipment such as furniture, and 

information technology software and 

systems. To qualify for this Categorical 

Exclusion, all such acquisition actions 

shall comply with the Presidential 

Executive Orders on Greening the 

Government. This includes E.O. 13423 

and related Executive Orders. 

d. Minor or small-scale construction 

of ancillary facilities on previously 

disturbed areas adjacent to or on the 

same property as the existing facility 

and compatible with current land use. 

To qualify for this Categorical 

Exclusion, all such acquisition actions 

shall comply with the Presidential 

Executive Orders on Greening the 

Government. This includes E.O. 13423 

and related Executive Orders. 

e. Awarding of contracts for technical 

support services, information 

technology services, and services for 

ongoing management and operation of 

government facilities. To qualify for this 

Categorical Exclusion, all such actions 

shall comply with the Presidential 

Executive Orders on Greening the 

Government. This includes E.O. 13423 

and related Executive Orders. 

It has been determined that the 

following extraordinary circumstances 

that would prevent the use of a 

Categorical Exclusion and require either 

an Environmental Assessment or 

Environmental Impact Statement: 

a. The proposed action is known or 

expected to significantly affect public 

health, safety, or the environment. 

b. The proposed action is known or 

expected to impose uncertain or unique 

environmental risks. 

c. The proposed action is of greater 

scope or size than is normal for this 

category of action. 

d. The proposed action is known or 

expected to significantly affect federally 

listed threatened or endangered species 

or their critical habitat. 

e. The proposed action is known or 

expected to significantly affect national 

natural landmarks or any property with 

nationally significant historic, 

architectural, prehistoric, archeological, 

or cultural value, including but not 

limited to, property listed on or eligible 

for the National Register of Historic 

Places. 

f. The proposed action is known or 

expected to significantly affect 

environmentally important natural 

resource areas such as parks, forests, 

wetlands, floodplains, significant 

agricultural lands, aquifer recharge 

zones, coastal zones, coral reefs, barrier 

islands, wild and scenic rivers, and 

significant fish or wildlife habitat. 

g. The proposed action is known or 

expected to cause significant adverse air 

quality effects. 

h. The proposed action is known or 

expected to have a significant effect on 

the pattern and type of land use 

(industrial, commercial, agricultural, 

recreational, residential) or growth and 

distribution of population including 

altering the character of existing 

residential areas, or may not be 

consistent with state or local 

government, or federally-recognized 

Indian tribe approved land use plans or 

federal land management plans. 

Applicability: This Directive applies 

to USAID domestic internal operational 

and administrative activities, including 

USAID ARRA-funded actions to develop 

and implement its new computer based 

acquisition and assistance system to 

manage contracting and granting 

activities. The Directive is effective 

immediately upon publication, and 

USAID will consider comments 

submitted on this Directive when 

developing its proposed NEPA 

regulation for Operating Expensefunded activities. 

Responsibilities: The USAID Agency 

Environmental Coordinator (AEC) is 

responsible for NEPA policy, guidance 

and oversight relating to this Directive. 

The AEC will receive advice and 

guidance from the Office of General 

Counsel as to NEPA implementation 

and compliance with this Directive. 

USAID’s Chief Information Officer (CIO) 

is responsible for reporting to CEQ and 

OMB on the status of ARRA funded 

activities. 

George Higginbotham, 

M/MPBP/POL. 

[FR Doc. E9–21740 Filed 9–8–09; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Andrew Ward Freyer 

In the Matter of: Andrew Ward Freyer, 

54325 Oak Hill, La Quinta, CA 92253. 

Order Denying Export Privileges 

On December 17, 2007, in the U.S. 

District Court of Central District of 

California, Freyer was convicted of five 

counts of violating the International 

Emergency Economic Powers Act (50 

U.S.C. 1701–1706 (2000) (‘‘IEEPA’’) and 

one count of conspiracy (18 U.S.C. 371 

(2000)), involving exporting, 

reexporting, selling and supplying 

valves from the United States to Iran, 

through Australia without first 


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