This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

12216 

Vol. 77, No. 40 

Wednesday, February 29, 2012 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Doc. No. AMS–NOP–11–0063; NOP–11– 

11PR] 

RIN 0581–AD18 

National Organic Program; Proposed 

Amendment to the National List of 

Allowed and Prohibited Substances 

(Livestock) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule; correction. 

SUMMARY: This document contains a 

correction to the proposed rule which 

was published on February 6, 2012 (77 

FR 5717). The proposed rule relates to 

revising the U.S. Department of 

Agriculture’s (USDA) National List of 

Allowed and Prohibited Substances 

(National List) to reduce the maximum 

levels for synthetic methionine 

currently allowed in organic poultry 

production after October 1, 2012. This 

document will remove an incorrect 

reference to a date in the proposed 

modification to our regulation. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Bailey, Ph.D., Director, 

Standards Division, Telephone: (202) 

720–3252; Fax: (202) 205–7808. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 6, 2012, the Agricultural 

Marketing Service published a proposed 

rule (77 FR 5717) to reduce the 

maximum levels of synthetic 

methionine that may be provided to 

organic poultry after October 1, 2012. 

This action addressed the 

recommendation of the National 

Organic Standards Board to permit the 

use of synthetic methionine at the 

following maximum levels per ton of 

feed after October 1, 2012: laying and 

broiler chickens—2 pounds; turkeys and 

all other poultry—3 pounds. As 

published, the proposed modification to 

7 CFR § 205.603(d)(1) contains the date 

‘‘October 2, 1012.’’ This is an incorrect 

reference to a date and therefore should 

not be included in the proposed 

regulatory language. This document 

corrects the regulatory language of the 

proposed rule. 

1. On page 5721, in the second 

column, § 205.603 paragraph (d)(1) is 

corrected to read as follows: 

§ 205.603 Synthetic substances allowed 

for use in organic livestock production. 

* * * * * 

(d) * * * 

(1) DL-Methionine, DL-Methionine— 

hydroxy analog, and DL-Methionine— 

hydroxy analog calcium (CAS #’s 59– 

51–8, 583–91–5, 4857–44–7, and 922– 

50–9)—for use only in organic poultry 

production at the following maximum 

levels of synthetic methionine per ton of 

feed: laying and broiler chickens—2 

pounds; turkeys and all other poultry— 

3 pounds. 

Dated: February 16, 2012. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–4755 Filed 2–28–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1033 

[Docket No. AO–11–0333; AMS–DA–11– 

0067; DA–11–04] 

Milk in the Mideast Marketing Area; 

Recommended Decision and 

Opportunity To File Written Exceptions 

on Proposed Amendments to Tentative 

Marketing Agreement and Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule; recommended 

decision. 

SUMMARY: This decision recommends 

adoption of a proposal to amend the 

Pool Plant provisions of the Mideast 

Federal milk marketing order to reflect 

that distributing plants physically 

located within the marketing area with 

a Class I utilization of at least 30 

percent, and with combined route 

disposition and transfers of at least 50 

percent distributed into Federal milk 

marketing areas, would be regulated as 

a Pool Distributing Plant under the 

terms of the order. 

DATES: Comments must be submitted on 

or before April 30, 2012. 

ADDRESSES: All comments received will 

be posted without change, including 

any personal information provided. 

Comments (four copies) must be filed 

with the Hearing Clerk, United States 

Department of Agriculture, STOP 9200– 

Room 1031, 1400 Independence Avenue 

SW., Washington, DC 20250–1031. 

Comments may be submitted for public 

viewing using the electronic process 

available at the Federal eRulemaking 

portal: http://www.regulations.gov. 

Reference should be made to the title of 

the action and docket number. 

FOR FURTHER INFORMATION CONTACT: Erin 

C. Taylor, Order Formulation and 

Enforcement Division, USDA/AMS/ 

Dairy Programs, STOP 0231–Room 

2963, 1400 Independence Avenue SW., 

Washington, DC 20250–0231, (202) 720– 

7183, email address: 

erin.taylor@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

decision recommends adoption of 

amendments that will more adequately 

define the plants, and the producer milk 

associated with those plants, that serve 

the fluid needs of the Mideast market 

and therefore which producers should 

share in the additional revenue arising 

from fluid milk sales. 

This administrative action is governed 

by the provisions of sections 556 and 

557 of Title 5 of the United States Code 

and, therefore, is excluded from the 

requirements of Executive Order 12866. 

The amendments to the rules 

proposed herein have been reviewed 

under Executive Order 12988, Civil 

Justice Reform. They are not intended to 

have a retroactive effect. If adopted, the 

proposed amendments would not 

preempt any state or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674) (the Act), provides that 

administrative proceedings must be 

exhausted before parties may file suit in 

court. Under section 608c(15)(A) of the 

Act, any handler subject to an order may 

request modification or exemption from 

such order by filing with USDA a 

petition stating that the order, any 

provision of the order, or any obligation 


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