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Federal RegisterVol. 74_ No. 173


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

                                                       The following are allowed as color                   (Undaria pinnatifida) (no CAS #); and                 carob bean); Kelp; Lecithin-unbleached;
                                                    ingredients from agricultural products:                 Whey protein concentrate (no CAS #).                  and Pectin (high-methoxy).
                                                    Annatto extract color (pigment CAS #                       The Handling Committee will begin                    The Meeting is Open to the Public.
                                                    1393–63–1)—water and oil soluble; Beet                  their review pertaining to the continued              The NOSB has scheduled time for
                                                    juice extract color (pigment CAS #                      exemption (use) of the following                      public input for Tuesday, November 3,
                                                    7659–95–2); Beta-Carotene extract color                 nonagricultural (nonorganic) substances               2009, from 10:45 a.m. to 5 p.m. and
                                                    from carrots (CAS # 1393–63–1); Black                   allowed as ingredients in or on                       Wednesday, November 4, 2009, from
                                                    currant juice color (pigment CAS #’s:                   processed products labeled as ‘‘organic’’             3:30 p.m. to 5 p.m. Individuals and
                                                    528–58–5, 528–53–0, 643–84–5, 134–                      or ‘‘made with organic (specified                     organizations wishing to make oral
                                                    01–0, 1429–30–7, and 134–04–3); Black/                  ingredients or food groups(s)) currently              presentations at the meeting may
                                                    Purple carrot juice color (pigment CAS                  scheduled for expiration after October 7,             forward their requests by mail,
                                                    #’s: 528–58–5, 528–53–0, 643–84–5,                      2012 from § 205.605 as (a)                            facsimile, e-mail, or phone to Ms.
                                                    134–01–0, 1429–30–7, and 134–04–3);                     Nonsynthetics allowed: Acids (Alginic;                Valerie Frances as listed in ADDRESSES
                                                    Blueberry juice color (pigment CAS #’s:                 Citric; and Lactic); Bentonite; Calcium               above. Individuals or organizations will
                                                    528–58–5, 528–53–0, 643–84–5, 134–                      carbonate; Calcium chloride;                          be given approximately five minutes to
                                                    01–0, 1429–30–7, and 134–04–3); Carrot                  Carageenan; Dairy cultures;                           present their views. All persons making
                                                    juice color (pigment CAS # 1393–63–1);                  Diatomaceous earth; Enzymes; Flavors;                 oral presentations are requested to
                                                    Cherry juice color (pigment CAS #’s:                    Kaolin; Magnesium sulfate; Nitrogen;                  provide their comments in writing.
                                                    528–58–5, 528–53–0, 643–84–5, 134–                      Oxygen; Perlite; Potassium chloride;                  Written submissions may contain
                                                    01–0, 1429–30–7, and 134–04–3);                         Potassium iodide; Sodium bicarbonate;                 information other than that presented at
                                                    Chokeberry—Aronia juice color                           Sodium carbonate; Waxes; Yeast                        the oral presentation. Anyone may
                                                    (pigment CAS #’s: 528–58–5, 528–53–0,                   (Autolysate; Bakers; Brewers;                         submit written comments at the
                                                    643–84–5, 134–01–0, 1429–30–7, and                      Nutritional; and Smoked).                             meeting. Persons submitting written
                                                    134–04–3); Elderberry juice color                          The Handling Committee will begin                  comments are asked to provide 30
                                                    (pigment CAS #’s: 528–58–5, 528–53–0,                   their review pertaining to the continued              copies.
                                                    643–84–5, 134–01–0, 1429–30–7, and                                                                              Interested persons may visit the
                                                                                                            exemption (use) of the following
                                                    134–04–3); Grape juice color (pigment                                                                         NOSB portion of the NOP Web site at
                                                                                                            nonagricultural (nonorganic) substances
                                                    CAS #’s: 528–58–5, 528–53–0, 643–84–                                                                          http://www.ams.usda.gov/nop to view
                                                                                                            allowed as ingredients in or on                       available meeting documents prior to
                                                    5, 134–01–0, 1429–30–7, and 134–04–                     processed products labeled as ‘‘organic’’
                                                    3); Grape skin extract color (pigment                                                                         the meeting, or visit http://
                                                                                                            or ‘‘made with organic (specified                     www.regulations.gov to submit and view
                                                    CAS #’s: 528–58–5, 528–53–0, 643–84–                    ingredients or food groups(s)) currently
                                                    5, 134–01–0, 1429–30–7, and 134–04–                                                                           comments as provided for in ADDRESSES
                                                                                                            scheduled for expiration after October 7,             above. Documents presented at the
                                                    3); Paprika color—dried powder and                      2012 listed on § 205.605 as (b)
                                                    vegetable oil extract (CAS # 68917–78–                                                                        meeting will be posted for review on the
                                                                                                            Synthetics allowed: Alginates;                        NOP Web site approximately six weeks
                                                    2); Pumpkin juice color (pigment CAS #                  Ammonium bicarbonate; Ammonium
                                                    127–40–2); Purple potato juice color                                                                          following the meeting.
                                                                                                            carbonate; Ascorbic acid; Calcium
                                                    (pigment CAS #’s: 528–58–5, 528–53–0,                   citrate; Calcium hydroxide; Calcium                     Dated: August 28, 2009.
                                                    643–84–5, 134–01–0, 1429–30–7, and                      phosphates (monobasic, dibasic, and                   Rayne Pegg,
                                                    134–04–3); Red cabbage extract color                    tribasic); Carbon dioxide; Chlorine                   Administrator, Agricultural Marketing
                                                    (pigment CAS #’s: 528–58–5, 528–53–0,                   materials (Calcium hypochlorite;                      Service.
                                                    643–84–5, 134–01–0, 1429–30–7, and                      Chlorine dioxide; and Sodium                          [FR Doc. E9–21610 Filed 9–8–09; 8:45 am]
                                                    134–04–3); Red radish extract color                     hypochlorite); Ethylene; Ferrous sulfate;             BILLING CODE 3410–02–P
                                                    (pigment CAS #’s: 528–58–5, 528–53–0,                   Glycerides (mono and di) Glycerin;
                                                    643–84–5, 134–01–0, 1429–30–7, and                      Hydrogen peroxide; Lecithin—bleached;
                                                    134–04–3); Saffron extract color                        Magnesium carbonate; Magnesium                        AGENCY FOR INTERNATIONAL
                                                    (pigment CAS # 1393–63–1), and                          chloride; Magnesium stearate; Nutrient                DEVELOPMENT
                                                    Turmeric extract color (CAS # 458–37–                   vitamins and minerals; Ozone; Pectin
                                                    7).                                                     (low-methoxy); Phosphoric acid;                       National Environmental Policy Act:
                                                       The following are allowed as                         Potassium acid tartrate; Potassium                    Categorical Exclusions for Certain
                                                    ingredients or processing aids from                     carbonate; Potassium citrate; Potassium               Internal, Domestic USAID Activities
                                                    agricultural products: Casings, from                    hydroxide; Potassium iodide; Potassium                Funded From the USAID Operating
                                                    processed intestines (no CAS #); Celery                 phosphate; Silicon dioxide; Sodium                    Expense Account
                                                    powder (No CAS #); Chia (Salvia                         citrate; Sodium hydroxide; Sodium                     AGENCY: United States Agency for
                                                    hispanica L.) (no CAS #); Dillweed oil                  phosphates; Sulfur dioxide;                           International Development.
                                                    (CAS # 8006–75–5); Fish oil (Fatty acid                 Tocopherols; and Xanthan gum.                         ACTION: Directive of Final Action and
                                                    CAS #’s: 10417–94–4, and 25167–62–8);                      The Handling Committee will begin                  Request for Comments.
                                                    Fructooligosaccharides (CAS # 308066–                   their review pertaining to the continued
                                                    66–2); Galangal, frozen (no CAS #);                     exemption (use) of the nonorganically                 SUMMARY: The United States Agency for
                                                    Gelatin (CAS # 9000–70–8); Hops                         produced agricultural products allowed                International Development (USAID)
                                                    (Humulus lupulus) (no CAS #); Inulin,                   as ingredients in or on processed                     hereby establishes Categorical
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                                                    oligofructose enriched (CAS # 9005–80–                  products labeled as ‘‘organic’’ on                    Exclusions (CEs) under the National
                                                    5); Konjac flour (CAS # 37220–17–0);                    § 205.606 depending on final                          Environmental Policy Act (NEPA) for
                                                    Lemongrass, frozen (no CAS #); Orange                   commercial availability determinations                certain types of activities that focus on
                                                    shellac, unbleached (CAS # 9000–59–3);                  performed by accredited certifying                    internal, domestic USAID Operating
                                                    Pepper, chipotle chile (no CAS #);                      agents that are scheduled to expire after             Expense (OE) account-funded activities
                                                    Sweet potato starch, for bean thread                    October 7, 2012. They are as follows:                 such as routine internal administrative
                                                    production only (no CAS #); Turkish                     Cornstarch (native); Gums-water                       actions, routine maintenance of
                                                    bay leaves (no CAS #); Wakame seaweed                   extracted only (arabic, guar, locust bean,            domestic facilities, and procurement

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

                                                    and deployment of information                             USAID has to date ensured the                       implications to warrant preparation of a
                                                    technology software and systems in                      environmental soundness of its internal               Federalism Assessment.
                                                    existing facilities. The Directive CEs                  administrative management operations
                                                                                                                                                                  Executive Order 12988
                                                    will better ensure USAID                                (OE-funded activities) by directly
                                                    implementation of NEPA by providing                     applying the Presidential Executive                     This Directive meets the applicable
                                                    for the efficient and timely                            Orders on Greening the Government.                    standards set forth in section 3(a) and
                                                    environmental review of routine                         USAID will continue to follow these                   3(b)(2) of Executive Order 12988.
                                                    internal administrative operations at                   Executive Orders (including Executive
                                                    USAID facilities.                                       Order 13423 and related Executive                     Regulatory Flexibility Act
                                                    DATES: Submit comments on or before                     Orders) when applying CEs for certain
                                                                                                                                                                    USAID’s Regulatory Policy Officer, in
                                                    October 9, 2009.                                        activities under this directive. These
                                                                                                                                                                  accordance with the Regulatory
                                                       Effective Date: This Directive is                    include maintaining existing USAID
                                                                                                                                                                  Flexibility Act (5 U.S.C. 605(b)), has
                                                    effective immediately upon publication.                 facilities and procuring, maintaining,
                                                                                                                                                                  reviewed this Directive and approved it.
                                                    All comments will be reviewed and                       and disposing of computer equipment.
                                                                                                                                                                  Because this Directive only affects the
                                                    considered to determine whether there                   This Directive establishes NEPA-
                                                                                                                                                                  internal procedures of the USAID, it
                                                    is a need for potential amendment to the                compliant CEs for USAID’s domestic,
                                                                                                                                                                  will not have a significant economic
                                                    CEs.                                                    internal OE-funded activities.
                                                                                                                                                                  impact on a substantial number of small
                                                                                                              USAID intends to publish a proposed
                                                    ADDRESSES: United States Agency for                                                                           entities.
                                                                                                            NEPA regulation on all of its OE-funded
                                                    International Development, Ronald
                                                                                                            actions later this year, and the CEs in               Unfunded Mandates Reform Act of 1995
                                                    Reagan Building, 1300 Pennsylvania
                                                                                                            this Directive will, subject to
                                                    Avenue, Washington, DC 20523.                                                                                   This Directive will not result in an
                                                                                                            consideration of public comments, be
                                                    FOR FURTHER INFORMATION CONTACT:                        included or otherwise incorporated in                 expenditure of $100,000,000 or more in
                                                    George Higginbotham, M/MPBP/POL                         that proposed USAID NEPA regulation.                  any one year by State, local, and tribal
                                                    Rm. 6.8–104, United States Agency for                     USAID will publish the CEs included                 governments, in the aggregate, or by the
                                                    International Development, Ronald                       in this Directive on the USAID Web site,              private sector, nor will it significantly or
                                                    Reagan Building, 1300 Pennsylvania                      which is available to the public.                     uniquely affect small governments.
                                                    Avenue, Washington, DC 20523,                             Neither this action nor the proposed                Therefore, no actions are deemed
                                                    ghigginbotham@usaid.gov.                                follow-on NEPA regulation to be                       necessary under the provisions of the
                                                                                                            developed for USAID’s OE-funded                       Unfunded Mandates Reform Act of
                                                    SUPPLEMENTARY INFORMATION:      Consistent
                                                                                                            activities affects or changes in any way              1995.
                                                    with the Council on Environmental
                                                    Quality (CEQ) Regulations for                           USAID’s current environmental impact                  Small Business Regulatory Enforcement
                                                    Implementing the Procedural Provisions                  assessment procedures (22 CFR 216)                    Fairness Act of 1996
                                                    of the National Environmental Policy                    that apply to all program activities
                                                    Act, this Directive establishes CEs for                 funded by appropriations provided                       This Directive is not a major rule as
                                                    certain routine internal, domestic                      through the Agency’s program accounts.                defined in section 804 of the Small
                                                    administrative and operational activities                                                                     Business Regulatory Enforcement
                                                                                                            Regulatory Certifications
                                                    of USAID organizations and offices                                                                            Fairness Act of 1996. This Directive will
                                                    funded from the OE account. These                       Executive Order 12866                                 not result in an annual effect on the
                                                    selected types of OE-funded activities                     This Directive has been drafted and                economy of $100,000,000 or more, a
                                                    were reviewed and determined to be                      reviewed in accordance with Executive                 major increase in costs or prices,
                                                    categories of actions that do not have                  Order 12866, ‘‘Regulatory Planning and                significant adverse effects on
                                                    individual or cumulative significant                    Review.’’ The Office of Management and                competition, employment, investment,
                                                    effects on the human or natural                         Budget has determined that this                       productivity, innovation, or on the
                                                    environment, and therefore are the                      Directive is not a ‘‘significant regulatory           ability of United States-based
                                                    appropriate subject of a Categorical                    action’’ under Executive Order 12866;                 companies to compete with foreign-
                                                    Exclusion under NEPA. The activities                    and accordingly, this Directive has not               based companies in domestic and
                                                    addressed in this Directive are routine                 been reviewed by the Office of                        export markets.
                                                    internal administrative actions, routine                Management and Budget. This Directive                 Environmental Impact
                                                    maintenance of domestic USAID                           affects USAID internal procedures.
                                                    facilities, and procurement and                         Whatever costs that may result from this                This Directive supplements CEQ
                                                    deployment of information technology                    Directive should be outweighed by the                 regulations and provides guidance to
                                                    software and systems in existing USAID                  reduction in delay and excessive                      USAID employees regarding procedural
                                                    facilities. The activities addressed in                 paperwork from these procedures.                      requirements for certain OE-funded
                                                    this Directive maintain the daily                                                                             activities that do not individually or
                                                    internal administrative functions of                    Executive Order 13121                                 cumulatively have a significant effect on
                                                    USAID and do not have the potential for                    This Directive only affects certain                the human environment. CEQ does not
                                                    significant environmental effects. The                  internal administrative procedures and                direct agencies to prepare a NEPA
                                                    Directive provides for the required                     actions of USAID as described in this                 analysis or document before
                                                    review to determine whether there are                   Directive that will not have substantial              establishing agency procedures that
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                                                    extraordinary circumstances that may                    direct effects on the States, relationships           supplement the CEQ regulations for
                                                    trigger a requirement for either an                     between the national government and                   implementing NEPA. Agency NEPA
                                                    Environmental Assessment (EA) or                        the States, or the distribution of power              procedures are procedural guidance to
                                                    Environmental Impact Statement (EIS),                   and responsibilities among the various                assist agencies in the fulfillment of
                                                    and, in the absence of such                             levels of government. Therefore, in                   agency responsibilities under NEPA.
                                                    extraordinary circumstances, provides                   accordance with Executive Order 13132,                The requirements for establishing
                                                    for the activity to proceed without                     it is determined that this Directive will             agency NEPA procedures are set forth at
                                                    preparation of an EA or EIS.                            not have sufficient federalism                        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                        include office supplies and utilities, and               g. The proposed action is known or
                                                    preamble, USAID establishes the                         equipment such as furniture, and                      expected to cause significant adverse air
                                                    following Directive:                                    information technology software and                   quality effects.
                                                                                                            systems. To qualify for this Categorical                 h. The proposed action is known or
                                                    Categorical Exclusions for Domestic                                                                           expected to have a significant effect on
                                                                                                            Exclusion, all such acquisition actions
                                                    Internal Operational Activities                                                                               the pattern and type of land use
                                                                                                            shall comply with the Presidential
                                                       Purpose: Establish National                          Executive Orders on Greening the                      (industrial, commercial, agricultural,
                                                    Environmental Policy Act (NEPA)-                        Government. This includes E.O. 13423                  recreational, residential) or growth and
                                                    compliant Categorical Exclusions for                    and related Executive Orders.                         distribution of population including
                                                    certain United States Agency for                           d. Minor or small-scale construction               altering the character of existing
                                                    International Development (USAID)                       of ancillary facilities on previously                 residential areas, or may not be
                                                    domestic internal operational activities.               disturbed areas adjacent to or on the                 consistent with state or local
                                                       Policy: Consistent with the Council on                                                                     government, or federally-recognized
                                                                                                            same property as the existing facility
                                                    Environmental Quality (CEQ)                                                                                   Indian tribe approved land use plans or
                                                                                                            and compatible with current land use.
                                                    Regulations for Implementing the                                                                              federal land management plans.
                                                                                                            To qualify for this Categorical
                                                    Procedural Provisions of NEPA (40 CFR                                                                            Applicability: This Directive applies
                                                                                                            Exclusion, all such acquisition actions
                                                    parts 1500–1508) (CEQ NEPA                                                                                    to USAID domestic internal operational
                                                                                                            shall comply with the Presidential
                                                    regulations), USAID establishes the                                                                           and administrative activities, including
                                                    following Categorical Exclusions for                    Executive Orders on Greening the
                                                                                                                                                                  USAID ARRA-funded actions to develop
                                                    certain categories of internal, domestic                Government. This includes E.O. 13423
                                                                                                                                                                  and implement its new computer based
                                                    USAID Operating Expense (OE)                            and related Executive Orders.
                                                                                                                                                                  acquisition and assistance system to
                                                    account-funded activities that address                     e. Awarding of contracts for technical             manage contracting and granting
                                                    routine internal administrative and                     support services, information                         activities. The Directive is effective
                                                    operational activities. A proposed action               technology services, and services for                 immediately upon publication, and
                                                    may be categorically excluded if the                    ongoing management and operation of                   USAID will consider comments
                                                    action fits within a category that is                   government facilities. To qualify for this            submitted on this Directive when
                                                    eligible for exclusion and the proposed                 Categorical Exclusion, all such actions               developing its proposed NEPA
                                                    action does not involve any                             shall comply with the Presidential                    regulation for Operating Expense-
                                                    extraordinary circumstances.                            Executive Orders on Greening the                      funded activities.
                                                       The categories of activities eligible for            Government. This includes E.O. 13423                     Responsibilities: The USAID Agency
                                                    Categorical Exclusions are:                             and related Executive Orders.                         Environmental Coordinator (AEC) is
                                                       a. Internal personnel, fiscal,                          It has been determined that the                    responsible for NEPA policy, guidance
                                                    management, and administrative                          following extraordinary circumstances                 and oversight relating to this Directive.
                                                    activities, such as recruiting, processing,             that would prevent the use of a                       The AEC will receive advice and
                                                    paying, recordkeeping, resource                         Categorical Exclusion and require either              guidance from the Office of General
                                                    management, budgeting, personnel                        an Environmental Assessment or                        Counsel as to NEPA implementation
                                                    actions, official travel, and reductions,               Environmental Impact Statement:                       and compliance with this Directive.
                                                    increases, realignments, or relocation of                  a. The proposed action is known or                 USAID’s Chief Information Officer (CIO)
                                                    personnel that do not exceed the                        expected to significantly affect public               is responsible for reporting to CEQ and
                                                    infrastructure capacity or change the use               health, safety, or the environment.                   OMB on the status of ARRA funded
                                                    of USAID occupied office space. An                         b. The proposed action is known or                 activities.
                                                    example of a substantial change in use                  expected to impose uncertain or unique
                                                    of the supporting infrastructure would                                                                        George Higginbotham,
                                                                                                            environmental risks.
                                                    be an increase in vehicular traffic                                                                           M/MPBP/POL.
                                                                                                               c. The proposed action is of greater               [FR Doc. E9–21740 Filed 9–8–09; 8:45 am]
                                                    beyond the capacity of the supporting                   scope or size than is normal for this
                                                    road network to accommodate such an                     category of action.
                                                                                                                                                                  BILLING CODE 6116–01–P
                                                    increase; or generating a new stream of
                                                    toxic or hazardous waste that needs to                     d. The proposed action is known or
                                                    be properly disposed of.                                expected to significantly affect federally            DEPARTMENT OF COMMERCE
                                                       b. Actions at USAID owned or                         listed threatened or endangered species
                                                    operated facilities involving routine                   or their critical habitat.                            Bureau of Industry and Security
                                                    facility maintenance, repair, and                          e. The proposed action is known or
                                                    grounds-keeping; minor rehabilitation,                  expected to significantly affect national             Action Affecting Export Privileges;
                                                    restoration, renovation, or revitalization              natural landmarks or any property with                Andrew Ward Freyer
                                                    of existing facilities; and replacement,                nationally significant historic,
                                                                                                                                                                    In the Matter of: Andrew Ward Freyer,
                                                    acquisition, and installation of                        architectural, prehistoric, archeological,            54325 Oak Hill, La Quinta, CA 92253.
                                                    information technology and similar                      or cultural value, including but not
                                                    office equipment. To qualify for this                   limited to, property listed on or eligible            Order Denying Export Privileges
                                                    Categorical Exclusion, all such                         for the National Register of Historic                   On December 17, 2007, in the U.S.
                                                    acquisition actions shall comply with                   Places.                                               District Court of Central District of
                                                    the Presidential Executive Orders on                       f. The proposed action is known or                 California, Freyer was convicted of five
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                                                    Greening the Government. This includes                  expected to significantly affect                      counts of violating the International
                                                    E.O. 13423 and related Executive                        environmentally important natural                     Emergency Economic Powers Act (50
                                                    Orders.                                                 resource areas such as parks, forests,                U.S.C. 1701–1706 (2000) (‘‘IEEPA’’) and
                                                       c. Acquisition actions (compliant with               wetlands, floodplains, significant                    one count of conspiracy (18 U.S.C. 371
                                                    applicable procedures for sustainable or                agricultural lands, aquifer recharge                  (2000)), involving exporting,
                                                    ‘‘green’’ procurement) and contracting                  zones, coastal zones, coral reefs, barrier            reexporting, selling and supplying
                                                    actions necessary to support the normal                 islands, wild and scenic rivers, and                  valves from the United States to Iran,
                                                    conduct of USAID business. Examples                     significant fish or wildlife habitat.                 through Australia without first

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