Department of Agriculture 2023 – Federal Register Recent Federal Regulation Documents

We are reopening the comment period for our request for comments on the 2023 update to the report Quantifying Greenhouse Gas Fluxes in Agriculture and Forestry: Methods for Entity-Scale Inventory, Technical Bulletin Number 1939, Office of the Chief Economist, USDA, Washington, DC. This action will allow interested persons additional time to prepare and submit comments.

The Foreign Agricultural Service is providing notice of an increase in the fiscal year (FY) 2023 raw cane sugar tariff-rate quota (TRQ) of 125,000 metric tons raw value (MTRV).

This Notice announces the annual adjustments to the national average payments, the amount of money the Federal Government provides States for lunches, afterschool snacks, and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the maximum reimbursement rates, the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution that participates in the Special Milk Program for Children. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products. Further adjustments are made to these rates to reflect higher costs of providing meals in Alaska, Guam, Hawaii, Puerto Rico, and Virgin Islands. The payments and rates are prescribed on an annual basis each July.

The Rural Utilities Service, a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as ``RUS'' or ``the Agency'' announced its intent to solicit Letters of Interest (LOI) for loan applications under the Powering Affordable Clean Energy (PACE) Program in a Notice of Funding Opportunity (NOFO) on May 16, 2023, in the Federal Register. In addition, the NOFO also announced the application process for those loans and provided deadlines for applications from eligible entities. Loans will be made to qualified PACE Applicants to finance power generation projects for Renewable Energy Resource (RER) Systems or Energy Storage Systems that support RER Projects. This Notice announces a new opening date for PACE LOI submissions as well as an update on how to submit an LOI and additional information that must be submitted.

The Rural Business-Cooperative Service (RBCS), Rural Housing Service (RHS), and the Rural Utilities Service (RUS), agencies of the Rural Development mission area within the U.S. Department of Agriculture (USDA), hereinafter collectively referred to as the Agency, offer loan guarantees through four programs: Community Facilities (CF) administered by the RHS; Water and Waste Disposal (WWD) administered by the RUS; and Business and Industry (B&I) and Rural Energy for America Program (REAP) administered by the RBCS. This notice provides applicants with the Guarantee Fee rates, Guarantee percentage for Guaranteed Loans, the Periodic Retention Fee, and Fee for Issuance of the Loan Note Guarantee Prior to Construction Completion for Fiscal Year (FY) 2024, to be used when applying for guaranteed loans under the guaranteed loan types listed above. This notice is being published prior to the passage of a FY 2024 appropriation. Should the fees need to be adjusted after passage of the FY 2024 appropriations, the agency will publish a subsequent notice in the Federal Register.

The Food Safety and Inspection Service (FSIS) is publishing a correction to a proposed determination that published on April 28, 2023. The correction inserts missing information on how to access the proposed determination's Cost Benefit Analysis on the FSIS website.

The Natural Resources Conservation Service (NRCS) is revising specific conservation practice standards in the National Handbook of Conservation Practices (NHCP). This notice provides an overview of the planned changes and gives the public an opportunity to offer comments on the proposed changes to the specific conservation practice standards.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the importation of live animals, animal germplasm, and animal products into the United States from the European Union.

We are advising the public of our decision to authorize the importation into the continental United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands of fresh leaves and stems of Garland Chrysanthemum (Glebionis coronarium) from Mexico. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we have determined that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh leaves and stems of Garland Chrysanthemum from Mexico.

In accordance with section 12303 of the Agriculture Improvement Act of 2018 and the Federal Advisory Committee Act, as amended, the United States Department of Agriculture announces its intent to establish of the Tribal Advisory Committee by the Secretary of Agriculture. The Tribal Advisory Committee will advise the Secretary on matters related to Tribal and Indian affairs. The Tribal Advisory Committee will be governed by the provisions of FACA as applicable. Duration of the Tribal Advisory Committee is required by legislation to be permanent, and the Charter will be renewed biannually by the Secretary of Agriculture. This notice also solicits for nominations for membership on the Tribal Advisory Committee.

This final rule revises the Packers and Stockyards regulations to provide instructions for livestock sellers who desire to preserve their interest in the statutory livestock dealer trust under the Packers and Stockyards Act (Act). This rule adds procedures and timeframes for a livestock seller to notify the livestock dealer and the Secretary of Agriculture (Secretary) that the seller has not received full payment for livestock purchased by the dealer and that the seller intends to preserve its trust interests. Additionally, this rule provides that livestock dealers with average annual purchases over $100,000 are required to obtain written acknowledgement from livestock sellers that trust benefits do not pertain to credit sales. This rule provides further that livestock dealers are required to maintain records related to credit sales. These revisions to the Packers and Stockyards regulations reflect recent amendments to the Act that provide for a livestock dealer trust.

The Rural Utilities Service (RUS or Agency), a Rural Development (RD) mission area of the United States Department of Agriculture (USDA), announces the acceptance of applications under the Calendar Year (CY) 2022 Disaster Water Grants Program for Fiscal Year (FY) 2023. The Agency will have at least $247,250,000 in grant funding through the Disaster Relief Supplemental Appropriations Act, 2023. Grant funds will be made available to qualified, rural applicants to pay for necessary expenses related to water infrastructure systems damaged by events that occurred during CY 2022 and were recognized through Presidentially Declared Disasters. All applicants are responsible for any expenses incurred in developing their applications.

The Natural Resources Conservation Service (NRCS) Montana State Office, in coordination with the U.S. Bureau of Reclamation, announces its intent to prepare a Watershed Plan and EIS for the St. Mary Canal Modernization Watershed Project (Milk River Project), located east of Babb, in Glacier County, Montana. The proposed Watershed Plan will examine alternatives through the EIS process for improving the St. Mary Canal system to provide for agricultural water management. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the proposed action from all interested individuals, Federal and State agencies, and Tribes.

The Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are making technical corrections to certain regulations that were published on January 11, 2023. These technical corrections will be made to: Phase 2 of the Emergency Relief Program (ERP); the Emergency Conservation Program (ECP); and the Emergency Forest Restoration Program (EFRP).

FSIS is announcing the availability of its updated Best Practices Guidance for Controlling Listeria monocytogenes (Lm) in Retail Delicatessens. The best-practices guidance discusses steps that retailers can take to prevent certain ready-to-eat (RTE) foods that are prepared or sliced in retail delicatessens (delis) and consumed in the home, such as deli meats and deli salads, from becoming contaminated with Lm and thus a source of listeriosis. FSIS encourages retailers to review the guidance and evaluate the effectiveness of their retail practices and intervention strategies in reducing the risk of listeriosis to consumers from RTE meat and poultry deli products.

This proposed rule would implement a recommendation from the California Olive Committee to increase the assessment rate established for the 2023 fiscal year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) Agency of the United States Department of Agriculture (USDA), announced its intent to solicit Letters of Interest (LOI) for Applications under the Powering Affordable Clean Energy (PACE) Program in a Notice of Funding Opportunity (NOFO) on May 16, 2023, in the Federal Register. In addition, the NOFO announced the Application process and deadlines, and the criteria that RUS will use to evaluate applications under the Powering Affordable Clean Energy (PACE) Program. These loan funds will be made to qualified PACE Applicants to finance power generation Projects for Renewable Energy Resource (RER) systems or Energy Storage Systems (ESS) that support RER Projects. The PACE Program has $1,000,000,000 available in appropriated funds under the Inflation Reduction Act of 2022 (IRA). This notice is making amendments to ensure applicants know they are required to establish a Verified eAuthentication ID, to inform applicants that they are eligible for the PACE Program even if they are subject to a ``cooling off period'' under the Rural Electrification Act, and to notify applicants that the Agency will provide general assistance to applicants through the RUS' General Field Representatives (GFRs) prior to LOI submissions.

The Forest Service (Forest Service or Agency), United States Department of Agriculture (USDA), is revising directives related to Title Claims and Encroachments (FSH 5509.17 Chapter 10). The contents of the handbook have been reorganized to align with the case processing activities in the Title Claims and Encroachment Management System Database (TCEMS) which was deployed in August 2012. The new directive will include clear direction on how to process a trespass case from start to finish, including exhibits and example letters that should be used and followed. All trespass and encroachments will be stored in the TCEMS database for ease and tracking. In addition, internal processing steps were included in the handbook to provide clarity for Forest Service staff.

In accordance with a Congressional directive in the FY2023 Consolidated Appropriations Act, the Rural Housing Service (RHS or the Agency), a Rural Development agency of the United States Department of Agriculture (USDA), will be hosting two virtual listening sessions to obtain stakeholder information on potential decoupling of section 521 Rental Assistance from section 515 Rural Rental Housing loans at the time of loan maturity. Both sessions will be open to the public.

We are advising the public of our preliminary concurrence with the World Organization for Animal Health's (WOAH) bovine spongiform encephalopathy (BSE) risk designation for France. The WOAH recognizes France as being of negligible risk for BSE. We are taking this action based on our review of information supporting the WOAH's risk designation for France.

This notice is to amend the notice of renewal published on June 6, 2023, to give notice that the U.S. Department of Agriculture's (USDA) intends to reestablish the Agricultural Technical Advisory Committees (ATACs) for a 4-year period. Pursuant to Section 135 of the Trade Act of 1974 and the Federal Advisory Committee Act, as amended, notice is hereby given that the Secretary of Agriculture (Secretary), in coordination with the United States Trade Representative (Trade Representative), notice of renewal for the Agricultural Policy Advisory Committee (APAC) and intent to reestablish the related Agricultural Technical Advisory Committees (ATACs) for Trade to provide detailed policy and technical advice, information, and recommendations regarding trade barriers, negotiation of trade agreements, and implementation of existing trade agreements affecting food and agricultural products, including the performance of other advisory functions relevant to U.S. agricultural trade policy matters.