Semiannual Regulatory Agenda, Spring 2021, 41172-41179 [2021-15083]
Download as PDF
<![CDATA[
41172
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
DEPARTMENT OF AGRICULTURE
Office of the Secretary
2 CFR Subtitle B, Ch. IV
5 CFR Ch. LXXIII
7 CFR Subtitle A; Subtitle B, Chs. I–XI,
XIV–XVIII, XX, XXV–XXXVIII, XLII
9 CFR Chs. I–III
36 CFR Ch. II
48 CFR Ch. 4
Semiannual Regulatory Agenda,
Spring 2021
Office of the Secretary, USDA.
Semiannual regulatory agenda.
AGENCY:
ACTION:
This agenda provides
summary descriptions of significant and
not significant regulations being
developed in agencies of the U.S.
Department of Agriculture (USDA) in
SUMMARY:
conformance with Executive Orders
(E.O.) 12866, ‘‘Regulatory Planning and
Review,’’ and 13563, ‘‘Improving
Regulation and Regulatory Review.’’
The agenda also describes regulations
affecting small entities as required by
section 602 of the Regulatory Flexibility
Act, Public Law 96–354. This agenda
also identifies regulatory actions that are
being reviewed in compliance with
section 610(c) of the Regulatory
Flexibility Act. We invite public
comment on those actions as well as any
regulation consistent with Executive
Order 13563.
USDA has attempted to list all
regulations and regulatory reviews
pending at the time of publication
except for minor and routine or
repetitive actions, but some may have
been inadvertently missed. There is no
legal significance to the omission of an
item from this listing. Also, the dates
shown for the steps of each action are
estimated and are not commitments to
act on or by the date shown.
USDA’s complete regulatory agenda is
available online at www.reginfo.gov.
Because publication in the Federal
Register is mandated for the regulatory
flexibility agendas required by the
Regulatory Flexibility Act (5 U.S.C.
602), USDA’s printed agenda entries
include only:
(1) Rules that are likely to have a
significant economic impact on a
substantial number of small entities;
and
(2) Rules identified for periodic
review under section 610 of the
Regulatory Flexibility Act.
For
further information on any specific
entry shown in this agenda, please
contact the person listed for that action.
For general comments or inquiries about
the agenda, please contact Mr. Michael
Poe, Office of Budget and Program
Analysis, U.S. Department of
Agriculture, Washington, DC 20250,
(202) 720–3257.
FOR FURTHER INFORMATION CONTACT:
Dated: March 31, 2021.
Michael Poe,
Legislative and Regulatory Staff.
AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
1 ........................
2 ........................
3 ........................
Poultry Grower Ranking Systems ....................................................................................................................
Clarification of Scope of the Packers and Stockyards Act ..............................................................................
Unfair Practices in Violation of the Packers and Stockyards Act ....................................................................
0581–AE03
0581–AE04
0581–AE05
AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
4 ........................
Dairy Donation Program (AMS–DA–21–0013) ................................................................................................
0581–AE00
AGRICULTURAL MARKETING SERVICE—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
5 ........................
6 ........................
7 ........................
NOP; Strengthening Organic Enforcement (AMS–NOP–17–0065) ................................................................
National Organic Program—Organic Aquaculture Standards .........................................................................
NOP; Inert Ingredients in Pesticides for Organic Production (AMS–NOP–21–0008) .....................................
0581–AD09
0581–AD34
0581–AE02
lotter on DSK11XQN23PROD with PROPOSALS3
AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
8 ........................
Undue and Unreasonable Preferences and Advantages Under the Packers and Stockyards Act (AMS–
FTTP–18–0101).
Establishment of a Domestic Hemp Production Program (AMS–SC–19–0042) .............................................
9 ........................
0581–AD81
0581–AD82
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
10 ......................
Handling of Animals; Contingency Plans .........................................................................................................
VerDate Sep<11>2014
19:19 Jul 29, 2021
Jkt 253001
PO 00000
Frm 00002
Fmt 4701
Sfmt 4702
E:\FR\FM\30JYP3.SGM
30JYP3
0579–AC69
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
41173
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
11 ......................
Animal Disease Traceability; Electronic Identification .....................................................................................
0579–AE64
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
12 ......................
Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm,
Products, and Byproducts.
0579–AD10
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—LONG-TERM ACTIONS
Sequence No.
13
14
15
16
......................
......................
......................
......................
Regulation
Identifier No.
Title
Importation of Fresh Citrus Fruit From the Republic of South Africa Into the Continental United States ......
Horse Protection; Licensing of Designated Qualified Persons and Other Amendments ................................
National List of Reportable Animal Diseases ..................................................................................................
Requiring Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms
for Importation of Live Dogs.
0579–AD95
0579–AE19
0579–AE39
0579–AE58
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
17 ......................
18 ......................
Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs ..............................
Removal of Emerald Ash Borer Domestic Quarantine Regulations ................................................................
0579–AB24
0579–AE42
FOOD AND NUTRITION SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
19 ......................
Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program
(SNAP).
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering
and Transactions.
20 ......................
0584–AE71
0584–AE85
FOOD AND NUTRITION SERVICE—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
21 ......................
National School Lunch and School Breakfast Programs: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010.
Modernizing Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems .................
Supplemental Nutrition Assistance Program (SNAP): Electronic Benefits Transfer Requirements for Scanning and Product-Lookup Technology.
National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School,
as Required by the Healthy, Hunger-Free Kids Act of 2010.
Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP) ....
22 ......................
23 ......................
24 ......................
25 ......................
0584–AE11
0584–AE37
0584–AE39
0584–AE55
0584–AE61
lotter on DSK11XQN23PROD with PROPOSALS3
FOREST SERVICE—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
26 ......................
Special Uses—Communications Uses Rent ....................................................................................................
VerDate Sep<11>2014
19:19 Jul 29, 2021
Jkt 253001
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
E:\FR\FM\30JYP3.SGM
30JYP3
0596–AD43
41174
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
Proposed Rule Stage
1. • Poultry Grower Ranking Systems
Legal Authority: 7 U.S.C. 181 to 229c
Abstract: The U.S. Department of
Agriculture’s Agricultural Marketing
Service proposes to amend the
regulations issued under the Packers
and Stockyards Act (P&S Act) to address
the use of poultry grower ranking
systems as a method of payment and
settlement grouping for poultry growers
under contract in poultry growing
arrangements with live poultry dealers.
The proposed regulation would
establish certain requirements with
which a live poultry dealer must
comply if a poultry grower ranking
system is utilized to determine grower
payment. A live poultry dealer’s failure
to comply would be deemed an unfair,
unjustly discriminatory, and deceptive
practice.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/21
lotter on DSK11XQN23PROD with PROPOSALS3
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael V. Durando,
Deputy Administrator, Fair Trade
Practices Program, Department of
Agriculture, Agricultural Marketing
Service, 1400 Independence Avenue
SW, Washington, DC 20250–0237,
Phone: 202 720–0219.
RIN: 0581–AE03
2. • Clarification of Scope of the
Packers and Stockyards Act
Legal Authority: 7 U.S.C. 181 to 229c
Abstract: USDA proposes to revise the
regulations issued under the Packers
and Stockyards Act (Act) (7 U.S.C. 181
229c) to provide clarity regarding
conduct that may violate the Act. This
action is intended to support market
growth, assure fair trade practices and
competition, and protect livestock and
poultry growers and producers. The
proposed rule addresses long-standing
issues related to competitiveness and
whether all allegations of violations of
the Act must be accompanied by a
showing of harm or likely harm to
competition.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/21
Regulatory Flexibility Analysis
Required: Yes.
VerDate Sep<11>2014
19:19 Jul 29, 2021
Jkt 253001
Agency Contact: Michael V. Durando,
Deputy Administrator, Fair Trade
Practices Program, Department of
Agriculture, Agricultural Marketing
Service, 1400 Independence Avenue
SW, Washington, DC 20250–0237,
Phone: 202 720–0219.
RIN: 0581–AE04
eligible dairy products donated to nonprofit groups for distribution to lowincome persons.
Timetable:
3. • Unfair Practices in Violation of the
Packers and Stockyards Act
Legal Authority: 7 U.S.C. 181 to 229c
Abstract: USDA proposes to
supplement a recent revision to
regulations issued under the Packers
and Stockyards Act (Act) (7 U.S.C. 181
229c) that provided criteria for the
Secretary to consider when determining
whether certain conduct or action by
packers, swine contractors, or live
poultry dealers is unduly or
unreasonably preferential or
advantageous. The proposed
supplemental amendments would
clarify the conduct the Department
considers unfair, unjustly
discriminatory, or deceptive and a
violation of sections 202(a) and (b) of
the Act. USDA would also clarify the
criteria and types of conduct that would
be considered unduly or unreasonably
preferential, advantageous, prejudicial,
or disadvantageous and violations of the
Act.
Timetable:
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Erin Taylor, Acting
Director, Order Formulation and
Enforcement Division, Department of
Agriculture, Agricultural Marketing
Service, Dairy Program, 1400
Independence Avenue SW, Room 2969–
S, Washington, DC 20250, Phone: 202
720–7311, Email: erin.taylor@
ams.usda.gov.
RIN: 0581–AE00
Action
Date
NPRM ..................
FR Cite
11/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael V. Durando,
Deputy Administrator, Fair Trade
Practices Program, Department of
Agriculture, Agricultural Marketing
Service, 1400 Independence Avenue
SW, Washington, DC 20250–0237,
Phone: 202 720–0219.
RIN: 0581–AE05
DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
Action
Interim Final Rule
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
FR Cite
06/00/21
DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
Long-Term Actions
5. NOP; Strengthening Organic
Enforcement (AMS–NOP–17–0065)
Legal Authority: 7 U.S.C. 6501
Abstract: The Strengthening Organic
Enforcement (SOE) rulemaking will
address 2018 Farm Bill mandates. In
summary, SOE will follow requirements
that align with the Farm Bill:
• Limiting the types of operations in
the organic supply chain that are not
required to obtain organic certification;
• Imported organic products must be
accompanied by an electronic import
certificate to validate organic status;
• Import certificates will be
submitted to the U.S. Customs and
Border Protection’s Automated
Commercial Environment (ACE);
• Certifying agents must notify USDA
within 90 days of the opening of any
new office that conducts certification
activities; and,
• Entities acting on behalf of
certifying agents may be suspended
when there is noncompliant activity.
Timetable:
Final Rule Stage
4. • Dairy Donation Program (AMS–
DA–21–0013)
Legal Authority: Pub. L. 116–260, sec.
762
Abstract: The Dairy Donation Program
rulemaking will comply with
Consolidated Appropriations Act of
2021 mandates. Dairy Donation Program
will implement a voluntary program
that will reimburse eligible dairy
organizations for milk used to make
Date
Action
Proposed Rule ....
Comment Period
End.
Final Rule ............
Date
08/05/20
10/05/20
FR Cite
85 FR 47536
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Phone: 202 260–8077.
RIN: 0581–AD09
E:\FR\FM\30JYP3.SGM
30JYP3
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
6. National Organic Program—Organic
Aquaculture Standards
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: This action proposes to
establish standards for organic
production and certification of farmed
aquatic animals and their products in
the USDA organic regulations. This
action would also add aquatic animals
as a scope of certification and
accreditation under the National
Organic Program (NOP).
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Phone: 202 260–8077.
RIN: 0581–AD34
7. • NOP; Inert Ingredients in Pesticides
for Organic Production (AMS–NOP–21–
0008)
Legal Authority: 7 U.S.C. 6501 to 6524
Abstract: This Advanced Notice of
Proposed Rulemaking (ANPR) requests
comments on options for replacing
outdated references in USDA’s organic
regulations to U.S. Environmental
Protection Agency (EPA) policy on inert
ingredients in pesticides. Inerts, also
known as other ingredients, are any
substances other than the active
ingredient that are intentionally added
to pesticide products. The references to
outdated EPA policy appear in the
USDA organic regulations in the
National List of Allowed and Prohibited
Substances (National List) and identify
the inert ingredients allowed in
pesticides for organic production.
Timetable:
Action
Date
ANPRM ...............
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Deputy Administrator, USDA National
Organic Program, Department of
Agriculture, Agricultural Marketing
Service, 1400 Independence Avenue
SW, Washington, DC 20250, Phone: 202
260–8077.
RIN: 0581–AE02
Abstract: This final rule amended the
regulations issued under the Packers
and Stockyards Act (P&S Act) by adding
new regulations that specify the criteria
the Secretary could consider in
determining whether conduct or action
by packers, swine contractors, or live
poultry dealers constitutes an undue or
unreasonable preference or advantage
and a violation of the P&S Act.
Completed:
Reason
Date
Final Rule ............
Effective ..............
12/11/20
01/11/21
FR Cite
85 FR 79779
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael V. Durando,
Phone: 202 720–0219.
RIN: 0581–AD81
9. Establishment of a Domestic Hemp
Production Program (AMS–SC–19–
0042)
Legal Authority: 7 U.S.C. 1621
Abstract: This action added new part
990 establishing rules and regulations
for the domestic production of hemp.
This action implemented provisions of
the Agriculture Improvement Act of
2018 (Farm Bill).
Completed:
Reason
Date
Reopening of
Comment Period End.
Final Rule ............
Final Rule Effective.
FR Cite
10/08/20
01/19/21
03/22/21
86 FR 5596
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sonia Jimenez,
Phone: 202 720–4722, Email:
sonia.jimenez@usda.gov.
RIN: 0581–AD82
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
lotter on DSK11XQN23PROD with PROPOSALS3
Proposed Rule Stage
DEPARTMENT OF AGRICULTURE
(USDA)
10. Handling of Animals; Contingency
Plans
Agricultural Marketing Service (AMS)
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: The Animal and Plant
Health Inspection Service issued a final
rule on December 31, 2012, to establish
regulations under which research
facilities and dealers, exhibitors,
intermediate handlers, and carriers must
Completed Actions
8. Undue and Unreasonable Preferences
and Advantages Under the Packers and
Stockyards Act (AMS–FTTP–18–0101)
Legal Authority: Pub. L. 110–234
VerDate Sep<11>2014
19:19 Jul 29, 2021
Jkt 253001
PO 00000
Frm 00005
Fmt 4701
Sfmt 4702
41175
meet certain requirements for
contingency planning and training of
personnel. Implementation of the final
rule was stayed on July 31, 2013, so that
the agency could conduct additional
review to further consider the impact of
contingency plan requirements on
regulated entities. Since that time, we
have conducted such a review, and the
2021 Congressional Appropriations Act
has required us to propose to lift the
stay. We are therefore proposing to lift
the stay and make minor revisions to the
requirements in order to update
compliance dates and clarify intent. The
lifting of the stay and proposed
revisions would better ensure that
entities responsible for animals
regulated under the Animal Welfare Act
are prepared to safeguard the health and
welfare of such animals in the event of
possible emergencies or disasters.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Final Rule ............
Final Rule Effective.
Final Rule—Stay
of Regulations.
Final Rule Effective—Stay of
Regulations.
NPRM ..................
Date
FR Cite
10/23/08
12/22/08
73 FR 63085
12/19/08
73 FR 77554
02/20/09
12/31/12
01/30/13
77 FR 76815
07/31/13
78 FR 46255
07/31/13
06/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Elizabeth
Theodorson, Assistant Deputy
Administrator, Animal Care,
Department of Agriculture, Animal and
Plant Health Inspection Service, 4700
River Road, Unit 86, Riverdale, MD
20737, Phone: 970 494–7473.
RIN: 0579–AC69
11. • Animal Disease Traceability;
Electronic Identification
Legal Authority: 7 U.S.C. 8301, et seq.
Abstract: This action would amend
APHIS’ animal disease traceability
regulations, currently codified at 9 CFR
part 86. The primary proposed change
would require that beginning January 1,
2023, APHIS would only recognize
identification devices (e.g., eartags) as
official identification for cattle and
bison covered by the regulations if the
devices have both visual and electronic
readability (EID). Other proposed
changes are intended to clarify language
E:\FR\FM\30JYP3.SGM
30JYP3
41176
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
and requirements in several sections of
part—86. These changes would enhance
the U.S. traceability system to better
achieve goals of rapidly tracing diseased
and exposed animals and containing
outbreaks.
Timetable:
Action
Date
NPRM ..................
FR Cite
01/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Aaron Scott
Ph.D., DACVPM, Director, Department
of Agriculture, Animal and Plant Health
Inspection Service, National Animal
Disease Traceability and Veterinary
Accreditation Center, APHIS Veterinary
Services Strategy and Policy, 2150
Centre Avenue, Building B (Mail Stop
3E87), Fort Collins, CO 80526, Phone:
970 494–7249, Email: traceability@
usda.gov).
RIN: 0579–AE64
lotter on DSK11XQN23PROD with PROPOSALS3
Final Rule Stage
12. Bovine Spongiform Encephalopathy
and Scrapie; Importation of Small
Ruminants and Their Germplasm,
Products, and Byproducts
Legal Authority: 7 U.S.C. 450; 7 U.S.C.
1622; 7 U.S.C. 7701 to 7772; 7 U.S.C.
7781 to 7786; 7 U.S.C. 8301 to 8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701
Abstract: We are amending the
regulations governing the importation of
animals and animal products to revise
conditions for the importation of live
sheep, goats, and certain other nonbovine ruminants, and products derived
from sheep and goats, with regard to
transmissible spongiform
encephalopathies such as bovine
spongiform encephalopathy (BSE) and
scrapie. We are removing BSE-related
import restrictions on sheep and goats
and most of their products and adding
import restrictions related to
transmissible spongiform
encephalopathies for certain wild,
zoological, or other non-bovine
ruminant species. The conditions we are
adopting for the importation of specified
commodities are based on
internationally accepted scientific
literature and will, in general, align our
regulations with guidelines established
in the World Organization for Animal
Health’s Terrestrial Animal Health
Code.
Jkt 253001
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
07/18/16
09/16/16
FR Cite
81 FR 46619
08/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexandra
MacKenzie, Veterinary Medical Officer,
Animal Permitting and Negotiating
Services, NIES, VS, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 39, Riverdale, MD 20737, Phone:
301 851–3300.
RIN: 0579–AD10
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
13. Importation of Fresh Citrus Fruit
From the Republic of South Africa Into
the Continental United States
Animal and Plant Health Inspection
Service (APHIS)
19:19 Jul 29, 2021
Action
Action
Long-Term Actions
DEPARTMENT OF AGRICULTURE
(USDA)
VerDate Sep<11>2014
Timetable:
Legal Authority: 7 U.S.C. 450; 7 U.S.C.
7701 to 7772; 7 U.S.C. 7781 to 7786; 21
U.S.C. 136 and 136a
Abstract: This rulemaking will amend
the fruits and vegetables regulations to
allow the importation of several
varieties of fresh citrus fruit, as well as
citrus hybrids, into the continental
United States from areas in the Republic
of South Africa where citrus black spot
has been known to occur. As a
condition of entry, the fruit will have to
be produced in accordance with a
systems approach that includes
shipment traceability, packinghouse
registration and procedures, and
phytosanitary treatment. The fruit will
also be required to be imported in
commercial consignments and
accompanied by a phytosanitary
certificate issued by the national plant
protection organization of the Republic
of South Africa with an additional
declaration confirming that the fruit has
been produced in accordance with the
systems approach. This action will
allow for the importation of fresh citrus
fruit, including citrus hybrids, from the
Republic of South Africa while
continuing to provide protection against
the introduction of plant pests into the
United States.
Timetable:
Action
Date
NPRM ..................
PO 00000
Frm 00006
Fmt 4701
08/28/14
Sfmt 4702
FR Cite
79 FR 51273
NPRM Comment
Period End.
Next Action Undetermined.
Date
FR Cite
10/27/14
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Tony Roma´n, Phone:
301 851–2242.
RIN: 0579–AD95
14. Horse Protection; Licensing of
Designated Qualified Persons and Other
Amendments
Legal Authority: 15 U.S.C. 1823 to
1825; 15 U.S.C. 1828
Abstract: We proposed amending the
horse protection regulations to provide
that the Animal and Plant Health
Inspection Service (APHIS) would train
and license horse protection inspectors
(HPIs) to inspect horses at horse shows,
exhibitions, sales, and auctions for
compliance with the Horse Protection
Act. Those changes to the regulations
would strengthen enforcement of the
Horse Protection Act and regulations
and relieve horse industry organizations
or associations of their regulatory
burdens and responsibilities. We also
proposed establishing a process by
which APHIS can deny an application
for a HPI license or revoke the license
of a HPI who does not meet the
minimum requirements, who fails to
follow the designated inspection
procedures, or who otherwise fails to
carry out his or her duties and
responsibilities in a satisfactory manner.
In addition, we proposed making
several changes to the requirements that
pertain to the management of any horse
show, exhibition, sale, and auction, as
well as changes to the list of devices,
equipment, substances, and practices
that are prohibited to prevent the soring
of horses. Finally, we proposed revising
the inspection procedures that
inspectors are required to perform.
These actions would help to protect
horses from the cruel and inhumane
practice of soring and eliminate unfair
competitive advantage that sore horses
have over horses that are not sore.
Timetable:
Action
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Next Action Undetermined.
E:\FR\FM\30JYP3.SGM
30JYP3
Date
07/26/16
09/22/16
10/26/16
FR Cite
81 FR 49111
81 FR 65307
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
the health certificate by a government
official in the country of origin, and the
mandatory use of forms provided by
APHIS.
Timetable:
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Aaron Rhyner,
Phone: 970 494–7484.
RIN: 0579–AE19
15. National List of Reportable Animal
Diseases
Legal Authority: 7 U.S.C. 8301 to 8317
Abstract: This rulemaking amends our
disease regulations to provide for a
National List of Reportable Animal
Diseases, along with reporting
responsibilities for animal health
professionals that encounter or suspect
cases of communicable animal diseases
and disease agents. The changes are
necessary to streamline State and
Federal cooperative animal disease
detection, response, and control efforts.
This action will consolidate and
enhance current disease reporting
mechanisms, and it will complement
and supplement existing animal disease
tracking and reporting at the State level.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Final Action .........
FR Cite
04/02/20
06/01/20
85 FR 18471
08/18/20
85 FR 50796
08/21/20
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jane Rooney, Phone:
970 494–7397.
RIN: 0579–AE39
lotter on DSK11XQN23PROD with PROPOSALS3
16. Requiring Microchipping, Verifiable
Signatures, Government Official
Endorsement, and Mandatory Forms
for Importation of Live Dogs
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: We are proposing to amend
the regulations regarding the
importation of live dogs by requiring all
live dogs imported into the United
States for resale purposes to be
microchipped for permanent
identification, and to require importers
to procure a microchip reader and make
it available to port-of-entry officials as
requested. This action would also add
microchipping as one of three
identification options for dogs and cats
used by dealers, exhibitors and research
facilities. In addition, APHIS is
proposing to require a verifiable
signature on the health certificate and
rabies certificate accompanying
imported live dogs, an endorsement of
VerDate Sep<11>2014
19:19 Jul 29, 2021
Jkt 253001
Action
Date
NPRM ..................
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Elizabeth
Theodorson, Phone: 970 494–7473.
RIN: 0579–AE58
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Completed Actions
41177
action will discontinue the domestic
regulatory component of the emerald
ash borer program as a means to more
effectively direct available resources
toward management and containment of
the pest. Funding previously allocated
to the implementation and enforcement
of these domestic quarantine regulations
will instead be directed to nonregulatory options to mitigate and
control the pest.
Completed:
Reason
Final Rule ............
Final Rule Effective.
Date
12/15/20
01/14/21
FR Cite
85 FR 81085
I
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Herbert Bolton,
Phone: 301 851–3594.
RIN: 0579–AE42
17. Animal Welfare: Marine Mammals;
Nonconsensus Language and
Interactive Programs
BILLING CODE 3410–34–P
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: This rulemaking would have
amended the Animal Welfare Act
regulations concerning the humane
handling, care, treatment, and
transportation of marine mammals in
captivity. These proposed changes
would have affected sections in the
regulations relating to variances and
implementation dates, indoor facilities,
outdoor facilities, and water quality. It
would also have revised the regulations
that relate to swim-with-the-dolphin
programs. We believed these actions
were necessary to ensure that the
minimum standards for the humane
handling, care, treatment, and
transportation of marine mammals in
captivity were based on current industry
standards and scientific knowledge and
experience. The action is being
withdrawn due to the age of the
analyses on which it relies.
Completed:
DEPARTMENT OF AGRICULTURE
(USDA)
Food and Nutrition Service (FNS)
Proposed Rule Stage
19. Strengthening Integrity and
Reducing Retailer Fraud in the
Supplemental Nutrition Assistance
Program (SNAP)
Legal Authority: Pub. L. 113–79; Pub.
L. 115–334
Abstract: This proposed rule would
implement statutory provisions of the
Food, Conservation, and Energy Act of
2008 (the 2008 Farm Bill), the
Agriculture Improvement Act of 2018
(the 2018 Farm Bill), and other language
intended to deter retailer fraud, abuse,
and non-compliance in the
Supplemental Nutrition Assistance
Program (SNAP).
Timetable:
Action
Reason
Date
Withdrawn ...........
FR Cite
18. Removal of Emerald Ash Borer
Domestic Quarantine Regulations
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786
Abstract: This rulemaking removes
the domestic quarantine regulations for
the plant pest emerald ash borer. This
Frm 00007
Fmt 4701
FR Cite
03/00/22
04/19/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barbara Kohn,
Phone: 301 851–3751.
RIN: 0579–AB24
PO 00000
NPRM ..................
Date
Sfmt 4702
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Charles H. Watford,
Regulatory Review Specialist,
Department of Agriculture, Food and
Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 605–
0800, Email: charles.watford@usda.gov.
Maureen Lydon, Department of
Agriculture, Food and Nutrition Service,
1320 Braddock Place, Alexandria, VA
22314, Phone: 703 457–7713, Email:
maureen.lydon@usda.gov.
RIN: 0584–AE71
E:\FR\FM\30JYP3.SGM
30JYP3
41178
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
20. • Special Supplemental Nutrition
Program for Women, Infants and
Children (WIC): WIC Online Ordering
and Transactions
Legal Authority: Pub. L. 111–296
Abstract: This rule addresses key
regulatory barriers to online ordering in
the WIC Program by making changes to
the provisions that prevent online
transactions and types of online capable
stores from participating in the Program.
This rule will also allow FNS to
modernize WIC vendor regulations that
do not reflect current technology and
facilitate the Program’s transition to
EBT.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael DePiro,
Department of Agriculture, Food and
Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305–
2876, Email: michael.depiro@usda.gov.
Maureen Lydon, Department of
Agriculture, Food and Nutrition Service,
1320 Braddock Place, Alexandria, VA
22314, Phone: 703 457–7713, Email:
maureen.lydon@usda.gov.
RIN: 0584–AE85
DEPARTMENT OF AGRICULTURE
(USDA)
Food and Nutrition Service (FNS)
Long-Term Actions
lotter on DSK11XQN23PROD with PROPOSALS3
21. National School Lunch and School
Breakfast Programs: School Food
Service Account Revenue Amendments
Related to the Healthy, Hunger-Free
Kids Act of 2010
Legal Authority: Pub. L. 111–296
Abstract: This rule amends National
School Lunch Program (NSLP)
regulations to conform to requirements
contained in the Healthy, Hunger-Free
Kids Act of 2010 regarding equity in
school lunch pricing and revenue from
non-program foods sold in schools. This
rule requires school food authorities
(SFAs) participating in the NSLP to
provide the same level of financial
support for lunches served to students
who are not eligible for free or reduced
price lunches as is provided for lunches
served to students eligible for free
lunches. This rule also requires that all
food sold in a school and purchased
with funds from the nonprofit school
food service account other than meals
and supplements reimbursed by the
VerDate Sep<11>2014
19:19 Jul 29, 2021
Jkt 253001
Department of Agriculture must
generate revenue at least proportionate
to the cost of such foods.
Timetable:
Action
Date
Interim Final Rule
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
Next Action Undetermined.
06/17/11
07/01/11
FR Cite
76 FR 35301
09/15/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael DePiro,
Phone: 703 305–2876, Email:
michael.depiro@usda.gov.
Maureen Lydon, Phone: 703 457–
7713, Email: maureen.lydon@usda.gov.
RIN: 0584–AE11
22. Modernizing Supplemental
Nutrition Assistance Program (SNAP)
Benefit Redemption Systems
Legal Authority: Pub. L. 113–79
Abstract: The Agricultural Act of 2014
(Pub. L. 113–79, the Farm Bill) amended
the Food and Nutrition Act of 2008 (the
FNA) to include new requirements
regarding the acceptance and processing
of SNAP client benefits by all nonexempt retailers participating in SNAP.
Statutory changes will modernize EBT
systems and ensure greater program
integrity. The Food and Nutrition
Service (FNS) proposes to revise certain
SNAP regulations for which multiple
State agencies have sought and received
approval of waivers. The revisions
would streamline program
administration, offer greater flexibility
to State agencies, and improve customer
service.
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Charles H. Watford,
Phone: 703 605–0800, Email:
charles.watford@usda.gov.
Maureen Lydon, Phone: 703 457–
7713, Email: maureen.lydon@usda.gov.
RIN: 0584–AE37
23. Supplemental Nutrition Assistance
Program (SNAP): Electronic Benefits
Transfer Requirements for Scanning
and Product-Lookup Technology
Legal Authority: Pub. L. 113–79
Abstract: This rule will align program
regulations with changes made by
section 4002 of the Agricultural Act of
2014 (Pub. L. 113–79, the Farm Bill),
which introduced new technical
requirements for point-of-sale (POS)
devices in the Electronic Benefits
PO 00000
Frm 00008
Fmt 4701
Sfmt 4702
Transfer (EBT) system in section
7(h)(2)(C) of the Food and Nutrition Act
of 2008 (the FNA). The Food and
Nutrition Service (FNS) will propose to
revise existing regulations both to codify
these statutory requirements as well as
to provide for their effective
implementation and enforcement
through the clarification of the technical
specifications and capabilities required
of this equipment and by addressing
methods for ensuring compliance. In
addition, USDA will define what
constitutes an area that has significantly
limited access to food to determine who
is exempt from this requirement.
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Charles H. Watford,
Phone: 703 605–0800, Email:
charles.watford@usda.gov.
Maureen Lydon, Phone: 703 457–
7713, Email: maureen.lydon@usda.gov.
RIN: 0584–AE39
24. National School Lunch and School
Breakfast Programs: Nutrition
Standards for all Foods Sold in School,
as Required by the Healthy, HungerFree Kids Act of 2010
Legal Authority: Pub. L. 111–296
Abstract: This rule codifies a
provision of the Healthy, Hunger-Free
Kids Act (Pub. L. 111–296; the Act)
under 7 CFR parts 210 and 220. Section
208 requires the Secretary to promulgate
regulations to establish science-based
nutrition standards for all foods sold in
schools. The nutrition standards apply
to all food sold outside the school meal
programs, on the school campus, and at
any time during the school day.
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael DePiro,
Phone: 703 305–2876, Email:
michael.depiro@usda.gov.
Maureen Lydon, Phone: 703 457–
7713, Email: maureen.lydon@usda.gov.
RIN: 0584–AE55
25. Providing Regulatory Flexibility for
Retailers in the Supplemental Nutrition
Assistance Program (SNAP)
Legal Authority: Pub. L. 113–79; 7
U.S.C. 2011 to 2036
Abstract: The Agricultural Act of 2014
amended the Food and Nutrition Act of
2008 to increase the requirement that
certain Supplemental Nutrition
Assistance Program (SNAP) authorized
retail food stores have available on a
continuous basis at least three varieties
of items in each of four staple food
categories, to a mandatory minimum of
E:\FR\FM\30JYP3.SGM
30JYP3
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
seven varieties. The Food and Nutrition
Service (FNS) codified these mandatory
requirements. Subsequent annual
Agency appropriations bill language
prohibited implementation of certain
final rule provisions. In response, this
change will provide some retailers
participating in SNAP as authorized
food stores with more flexibility in
meeting the enhanced SNAP eligibility
requirements.
Timetable:
Action
Date
lotter on DSK11XQN23PROD with PROPOSALS3
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopen
End.
Next Action Undetermined.
VerDate Sep<11>2014
FR Cite
04/05/19
06/04/19
84 FR 13555
06/14/19
84 FR 27743
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
(USDA)
Forest Service (FS)
Long-Term Actions
06/20/19
19:19 Jul 29, 2021
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Charles H. Watford,
Phone: 703 605–0800, Email:
charles.watford@usda.gov.
Maureen Lydon, Phone: 703 457–
7713, Email: maureen.lydon@usda.gov.
RIN: 0584–AE61
26. Special Uses—Communications
Uses Rent
Legal Authority: 43 U.S.C. 1761 to
1771
Abstract: Consistent with the
requirement in title V, section 504 (g) of
the Federal Land Policy and
Jkt 253001
PO 00000
Frm 00009
Fmt 4701
Sfmt 9990
41179
Management Act, the proposed rule
would update the Forest Service’s rental
fee schedule for communications uses
based on market value. Updated rental
fees that exceed 100 percent of current
rental fees would be phased in over a 3year period. USDA is coordinating
development of the information base to
support this rulemaking with the
Department of the Interior.
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Edwina HowardAgu, Phone: 202 205–1419, Email:
edwina.howard-agu@usda.gov.
RIN: 0596–AD43
[FR Doc. 2021–15083 Filed 7–29–21; 8:45 am]
BILLING CODE 3410–11–P
E:\FR\FM\30JYP3.SGM
30JYP3
]]>Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41172-41179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15083]
[[Page 41171]]
Vol. 86
Friday,
No. 144
July 30, 2021
Part III
Department of Agriculture
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 86 , No. 144 / Friday, July 30, 2021 / UA:
Reg Flex Agenda
[[Page 41172]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Office of the Secretary
2 CFR Subtitle B, Ch. IV
5 CFR Ch. LXXIII
7 CFR Subtitle A; Subtitle B, Chs. I-XI, XIV-XVIII, XX, XXV-
XXXVIII, XLII
9 CFR Chs. I-III
36 CFR Ch. II
48 CFR Ch. 4
Semiannual Regulatory Agenda, Spring 2021
AGENCY: Office of the Secretary, USDA.
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: This agenda provides summary descriptions of significant and
not significant regulations being developed in agencies of the U.S.
Department of Agriculture (USDA) in conformance with Executive Orders
(E.O.) 12866, ``Regulatory Planning and Review,'' and 13563,
``Improving Regulation and Regulatory Review.'' The agenda also
describes regulations affecting small entities as required by section
602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda
also identifies regulatory actions that are being reviewed in
compliance with section 610(c) of the Regulatory Flexibility Act. We
invite public comment on those actions as well as any regulation
consistent with Executive Order 13563.
USDA has attempted to list all regulations and regulatory reviews
pending at the time of publication except for minor and routine or
repetitive actions, but some may have been inadvertently missed. There
is no legal significance to the omission of an item from this listing.
Also, the dates shown for the steps of each action are estimated and
are not commitments to act on or by the date shown.
USDA's complete regulatory agenda is available online at
www.reginfo.gov. Because publication in the Federal Register is
mandated for the regulatory flexibility agendas required by the
Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda
entries include only:
(1) Rules that are likely to have a significant economic impact on
a substantial number of small entities; and
(2) Rules identified for periodic review under section 610 of the
Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT: For further information on any
specific entry shown in this agenda, please contact the person listed
for that action. For general comments or inquiries about the agenda,
please contact Mr. Michael Poe, Office of Budget and Program Analysis,
U.S. Department of Agriculture, Washington, DC 20250, (202) 720-3257.
Dated: March 31, 2021.
Michael Poe,
Legislative and Regulatory Staff.
Agricultural Marketing Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
1......................... Poultry Grower Ranking 0581-AE03
Systems.
2......................... Clarification of Scope of 0581-AE04
the Packers and
Stockyards Act.
3......................... Unfair Practices in 0581-AE05
Violation of the Packers
and Stockyards Act.
------------------------------------------------------------------------
Agricultural Marketing Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
4......................... Dairy Donation Program 0581-AE00
(AMS-DA-21-0013).
------------------------------------------------------------------------
Agricultural Marketing Service--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
5......................... NOP; Strengthening Organic 0581-AD09
Enforcement (AMS-NOP-17-
0065).
6......................... National Organic Program-- 0581-AD34
Organic Aquaculture
Standards.
7......................... NOP; Inert Ingredients in 0581-AE02
Pesticides for Organic
Production (AMS-NOP-21-
0008).
------------------------------------------------------------------------
Agricultural Marketing Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
8......................... Undue and Unreasonable 0581-AD81
Preferences and
Advantages Under the
Packers and Stockyards
Act (AMS-FTTP-18-0101).
9......................... Establishment of a 0581-AD82
Domestic Hemp Production
Program (AMS-SC-19-0042).
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
10........................ Handling of Animals; 0579-AC69
Contingency Plans.
[[Page 41173]]
11........................ Animal Disease 0579-AE64
Traceability; Electronic
Identification.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
12........................ Bovine Spongiform 0579-AD10
Encephalopathy and
Scrapie; Importation of
Small Ruminants and Their
Germplasm, Products, and
Byproducts.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
13........................ Importation of Fresh 0579-AD95
Citrus Fruit From the
Republic of South Africa
Into the Continental
United States.
14........................ Horse Protection; 0579-AE19
Licensing of Designated
Qualified Persons and
Other Amendments.
15........................ National List of 0579-AE39
Reportable Animal
Diseases.
16........................ Requiring Microchipping, 0579-AE58
Verifiable Signatures,
Government Official
Endorsement, and
Mandatory Forms for
Importation of Live Dogs.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
17........................ Animal Welfare: Marine 0579-AB24
Mammals; Nonconsensus
Language and Interactive
Programs.
18........................ Removal of Emerald Ash 0579-AE42
Borer Domestic Quarantine
Regulations.
------------------------------------------------------------------------
Food and Nutrition Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
19........................ Strengthening Integrity 0584-AE71
and Reducing Retailer
Fraud in the Supplemental
Nutrition Assistance
Program (SNAP).
20........................ Special Supplemental 0584-AE85
Nutrition Program for
Women, Infants and
Children (WIC): WIC
Online Ordering and
Transactions.
------------------------------------------------------------------------
Food and Nutrition Service--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
21........................ National School Lunch and 0584-AE11
School Breakfast
Programs: School Food
Service Account Revenue
Amendments Related to the
Healthy, Hunger-Free Kids
Act of 2010.
22........................ Modernizing Supplemental 0584-AE37
Nutrition Assistance
Program (SNAP) Benefit
Redemption Systems.
23........................ Supplemental Nutrition 0584-AE39
Assistance Program
(SNAP): Electronic
Benefits Transfer
Requirements for Scanning
and Product-Lookup
Technology.
24........................ National School Lunch and 0584-AE55
School Breakfast
Programs: Nutrition
Standards for All Foods
Sold in School, as
Required by the Healthy,
Hunger-Free Kids Act of
2010.
25........................ Providing Regulatory 0584-AE61
Flexibility for Retailers
in the Supplemental
Nutrition Assistance
Program (SNAP).
------------------------------------------------------------------------
Forest Service--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
26........................ Special Uses-- 0596-AD43
Communications Uses Rent.
------------------------------------------------------------------------
[[Page 41174]]
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Proposed Rule Stage
1. Poultry Grower Ranking Systems
Legal Authority: 7 U.S.C. 181 to 229c
Abstract: The U.S. Department of Agriculture's Agricultural
Marketing Service proposes to amend the regulations issued under the
Packers and Stockyards Act (P&S Act) to address the use of poultry
grower ranking systems as a method of payment and settlement grouping
for poultry growers under contract in poultry growing arrangements with
live poultry dealers. The proposed regulation would establish certain
requirements with which a live poultry dealer must comply if a poultry
grower ranking system is utilized to determine grower payment. A live
poultry dealer's failure to comply would be deemed an unfair, unjustly
discriminatory, and deceptive practice.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE03
2. Clarification of Scope of the Packers and Stockyards Act
Legal Authority: 7 U.S.C. 181 to 229c
Abstract: USDA proposes to revise the regulations issued under the
Packers and Stockyards Act (Act) (7 U.S.C. 181 229c) to provide clarity
regarding conduct that may violate the Act. This action is intended to
support market growth, assure fair trade practices and competition, and
protect livestock and poultry growers and producers. The proposed rule
addresses long-standing issues related to competitiveness and whether
all allegations of violations of the Act must be accompanied by a
showing of harm or likely harm to competition.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE04
3. Unfair Practices in Violation of the Packers and Stockyards
Act
Legal Authority: 7 U.S.C. 181 to 229c
Abstract: USDA proposes to supplement a recent revision to
regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.
181 229c) that provided criteria for the Secretary to consider when
determining whether certain conduct or action by packers, swine
contractors, or live poultry dealers is unduly or unreasonably
preferential or advantageous. The proposed supplemental amendments
would clarify the conduct the Department considers unfair, unjustly
discriminatory, or deceptive and a violation of sections 202(a) and (b)
of the Act. USDA would also clarify the criteria and types of conduct
that would be considered unduly or unreasonably preferential,
advantageous, prejudicial, or disadvantageous and violations of the
Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE05
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Final Rule Stage
4. Dairy Donation Program (AMS-DA-21-0013)
Legal Authority: Pub. L. 116-260, sec. 762
Abstract: The Dairy Donation Program rulemaking will comply with
Consolidated Appropriations Act of 2021 mandates. Dairy Donation
Program will implement a voluntary program that will reimburse eligible
dairy organizations for milk used to make eligible dairy products
donated to non-profit groups for distribution to low-income persons.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Erin Taylor, Acting Director, Order Formulation and
Enforcement Division, Department of Agriculture, Agricultural Marketing
Service, Dairy Program, 1400 Independence Avenue SW, Room 2969-S,
Washington, DC 20250, Phone: 202 720-7311, Email:
[email protected].
RIN: 0581-AE00
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Long-Term Actions
5. NOP; Strengthening Organic Enforcement (AMS-NOP-17-0065)
Legal Authority: 7 U.S.C. 6501
Abstract: The Strengthening Organic Enforcement (SOE) rulemaking
will address 2018 Farm Bill mandates. In summary, SOE will follow
requirements that align with the Farm Bill:
Limiting the types of operations in the organic supply
chain that are not required to obtain organic certification;
Imported organic products must be accompanied by an
electronic import certificate to validate organic status;
Import certificates will be submitted to the U.S. Customs
and Border Protection's Automated Commercial Environment (ACE);
Certifying agents must notify USDA within 90 days of the
opening of any new office that conducts certification activities; and,
Entities acting on behalf of certifying agents may be
suspended when there is noncompliant activity.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Rule....................... 08/05/20 85 FR 47536
Comment Period End.................. 10/05/20 .......................
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 260-8077.
RIN: 0581-AD09
[[Page 41175]]
6. National Organic Program--Organic Aquaculture Standards
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: This action proposes to establish standards for organic
production and certification of farmed aquatic animals and their
products in the USDA organic regulations. This action would also add
aquatic animals as a scope of certification and accreditation under the
National Organic Program (NOP).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 260-8077.
RIN: 0581-AD34
7. NOP; Inert Ingredients in Pesticides for Organic Production
(AMS-NOP-21-0008)
Legal Authority: 7 U.S.C. 6501 to 6524
Abstract: This Advanced Notice of Proposed Rulemaking (ANPR)
requests comments on options for replacing outdated references in
USDA's organic regulations to U.S. Environmental Protection Agency
(EPA) policy on inert ingredients in pesticides. Inerts, also known as
other ingredients, are any substances other than the active ingredient
that are intentionally added to pesticide products. The references to
outdated EPA policy appear in the USDA organic regulations in the
National List of Allowed and Prohibited Substances (National List) and
identify the inert ingredients allowed in pesticides for organic
production.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Deputy Administrator, USDA
National Organic Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250,
Phone: 202 260-8077.
RIN: 0581-AE02
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Completed Actions
8. Undue and Unreasonable Preferences and Advantages Under the Packers
and Stockyards Act (AMS-FTTP-18-0101)
Legal Authority: Pub. L. 110-234
Abstract: This final rule amended the regulations issued under the
Packers and Stockyards Act (P&S Act) by adding new regulations that
specify the criteria the Secretary could consider in determining
whether conduct or action by packers, swine contractors, or live
poultry dealers constitutes an undue or unreasonable preference or
advantage and a violation of the P&S Act.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/11/20 85 FR 79779
Effective........................... 01/11/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael V. Durando, Phone: 202 720-0219.
RIN: 0581-AD81
9. Establishment of a Domestic Hemp Production Program (AMS-SC-19-0042)
Legal Authority: 7 U.S.C. 1621
Abstract: This action added new part 990 establishing rules and
regulations for the domestic production of hemp. This action
implemented provisions of the Agriculture Improvement Act of 2018 (Farm
Bill).
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Reopening of Comment Period End..... 10/08/20
Final Rule.......................... 01/19/21 86 FR 5596
Final Rule Effective................ 03/22/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sonia Jimenez, Phone: 202 720-4722, Email:
[email protected].
RIN: 0581-AD82
BILLING CODE 3410-02-P
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Proposed Rule Stage
10. Handling of Animals; Contingency Plans
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: The Animal and Plant Health Inspection Service issued a
final rule on December 31, 2012, to establish regulations under which
research facilities and dealers, exhibitors, intermediate handlers, and
carriers must meet certain requirements for contingency planning and
training of personnel. Implementation of the final rule was stayed on
July 31, 2013, so that the agency could conduct additional review to
further consider the impact of contingency plan requirements on
regulated entities. Since that time, we have conducted such a review,
and the 2021 Congressional Appropriations Act has required us to
propose to lift the stay. We are therefore proposing to lift the stay
and make minor revisions to the requirements in order to update
compliance dates and clarify intent. The lifting of the stay and
proposed revisions would better ensure that entities responsible for
animals regulated under the Animal Welfare Act are prepared to
safeguard the health and welfare of such animals in the event of
possible emergencies or disasters.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/23/08 73 FR 63085
NPRM Comment Period End............. 12/22/08
NPRM Comment Period Extended........ 12/19/08 73 FR 77554
NPRM Comment Period Extended End.... 02/20/09
Final Rule.......................... 12/31/12 77 FR 76815
Final Rule Effective................ 01/30/13
Final Rule--Stay of Regulations..... 07/31/13 78 FR 46255
Final Rule Effective--Stay of 07/31/13
Regulations.
NPRM................................ 06/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elizabeth Theodorson, Assistant Deputy
Administrator, Animal Care, Department of Agriculture, Animal and Plant
Health Inspection Service, 4700 River Road, Unit 86, Riverdale, MD
20737, Phone: 970 494-7473.
RIN: 0579-AC69
11. Animal Disease Traceability; Electronic Identification
Legal Authority: 7 U.S.C. 8301, et seq.
Abstract: This action would amend APHIS' animal disease
traceability regulations, currently codified at 9 CFR part 86. The
primary proposed change would require that beginning January 1, 2023,
APHIS would only recognize identification devices (e.g., eartags) as
official identification for cattle and bison covered by the regulations
if the devices have both visual and electronic readability (EID). Other
proposed changes are intended to clarify language
[[Page 41176]]
and requirements in several sections of part--86. These changes would
enhance the U.S. traceability system to better achieve goals of rapidly
tracing diseased and exposed animals and containing outbreaks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Aaron Scott Ph.D., DACVPM, Director, Department
of Agriculture, Animal and Plant Health Inspection Service, National
Animal Disease Traceability and Veterinary Accreditation Center, APHIS
Veterinary Services Strategy and Policy, 2150 Centre Avenue, Building B
(Mail Stop 3E87), Fort Collins, CO 80526, Phone: 970 494-7249, Email:
[email protected]).
RIN: 0579-AE64
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Final Rule Stage
12. Bovine Spongiform Encephalopathy and Scrapie; Importation of Small
Ruminants and Their Germplasm, Products, and Byproducts
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 1622; 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786; 7 U.S.C. 8301 to 8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701
Abstract: We are amending the regulations governing the importation
of animals and animal products to revise conditions for the importation
of live sheep, goats, and certain other non-bovine ruminants, and
products derived from sheep and goats, with regard to transmissible
spongiform encephalopathies such as bovine spongiform encephalopathy
(BSE) and scrapie. We are removing BSE-related import restrictions on
sheep and goats and most of their products and adding import
restrictions related to transmissible spongiform encephalopathies for
certain wild, zoological, or other non-bovine ruminant species. The
conditions we are adopting for the importation of specified commodities
are based on internationally accepted scientific literature and will,
in general, align our regulations with guidelines established in the
World Organization for Animal Health's Terrestrial Animal Health Code.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/18/16 81 FR 46619
NPRM Comment Period End............. 09/16/16
Final Rule.......................... 08/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexandra MacKenzie, Veterinary Medical Officer,
Animal Permitting and Negotiating Services, NIES, VS, Department of
Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 39, Riverdale, MD 20737, Phone: 301 851-3300.
RIN: 0579-AD10
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Long-Term Actions
13. Importation of Fresh Citrus Fruit From the Republic of South Africa
Into the Continental United States
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781
to 7786; 21 U.S.C. 136 and 136a
Abstract: This rulemaking will amend the fruits and vegetables
regulations to allow the importation of several varieties of fresh
citrus fruit, as well as citrus hybrids, into the continental United
States from areas in the Republic of South Africa where citrus black
spot has been known to occur. As a condition of entry, the fruit will
have to be produced in accordance with a systems approach that includes
shipment traceability, packinghouse registration and procedures, and
phytosanitary treatment. The fruit will also be required to be imported
in commercial consignments and accompanied by a phytosanitary
certificate issued by the national plant protection organization of the
Republic of South Africa with an additional declaration confirming that
the fruit has been produced in accordance with the systems approach.
This action will allow for the importation of fresh citrus fruit,
including citrus hybrids, from the Republic of South Africa while
continuing to provide protection against the introduction of plant
pests into the United States.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/28/14 79 FR 51273
NPRM Comment Period End............. 10/27/14
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Tony Rom[aacute]n, Phone: 301 851-2242.
RIN: 0579-AD95
14. Horse Protection; Licensing of Designated Qualified Persons and
Other Amendments
Legal Authority: 15 U.S.C. 1823 to 1825; 15 U.S.C. 1828
Abstract: We proposed amending the horse protection regulations to
provide that the Animal and Plant Health Inspection Service (APHIS)
would train and license horse protection inspectors (HPIs) to inspect
horses at horse shows, exhibitions, sales, and auctions for compliance
with the Horse Protection Act. Those changes to the regulations would
strengthen enforcement of the Horse Protection Act and regulations and
relieve horse industry organizations or associations of their
regulatory burdens and responsibilities. We also proposed establishing
a process by which APHIS can deny an application for a HPI license or
revoke the license of a HPI who does not meet the minimum requirements,
who fails to follow the designated inspection procedures, or who
otherwise fails to carry out his or her duties and responsibilities in
a satisfactory manner. In addition, we proposed making several changes
to the requirements that pertain to the management of any horse show,
exhibition, sale, and auction, as well as changes to the list of
devices, equipment, substances, and practices that are prohibited to
prevent the soring of horses. Finally, we proposed revising the
inspection procedures that inspectors are required to perform. These
actions would help to protect horses from the cruel and inhumane
practice of soring and eliminate unfair competitive advantage that sore
horses have over horses that are not sore.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/26/16 81 FR 49111
NPRM Comment Period Extended........ 09/22/16 81 FR 65307
NPRM Comment Period End............. 10/26/16
Next Action Undetermined............
------------------------------------------------------------------------
[[Page 41177]]
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Aaron Rhyner, Phone: 970 494-7484.
RIN: 0579-AE19
15. National List of Reportable Animal Diseases
Legal Authority: 7 U.S.C. 8301 to 8317
Abstract: This rulemaking amends our disease regulations to provide
for a National List of Reportable Animal Diseases, along with reporting
responsibilities for animal health professionals that encounter or
suspect cases of communicable animal diseases and disease agents. The
changes are necessary to streamline State and Federal cooperative
animal disease detection, response, and control efforts. This action
will consolidate and enhance current disease reporting mechanisms, and
it will complement and supplement existing animal disease tracking and
reporting at the State level.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/02/20 85 FR 18471
NPRM Comment Period End............. 06/01/20
NPRM Comment Period Reopened........ 08/18/20 85 FR 50796
NPRM Comment Period Reopened End.... 08/21/20
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jane Rooney, Phone: 970 494-7397.
RIN: 0579-AE39
16. Requiring Microchipping, Verifiable Signatures, Government Official
Endorsement, and Mandatory Forms for Importation of Live Dogs
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: We are proposing to amend the regulations regarding the
importation of live dogs by requiring all live dogs imported into the
United States for resale purposes to be microchipped for permanent
identification, and to require importers to procure a microchip reader
and make it available to port-of-entry officials as requested. This
action would also add microchipping as one of three identification
options for dogs and cats used by dealers, exhibitors and research
facilities. In addition, APHIS is proposing to require a verifiable
signature on the health certificate and rabies certificate accompanying
imported live dogs, an endorsement of the health certificate by a
government official in the country of origin, and the mandatory use of
forms provided by APHIS.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elizabeth Theodorson, Phone: 970 494-7473.
RIN: 0579-AE58
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Completed Actions
17. Animal Welfare: Marine Mammals; Nonconsensus Language and
Interactive Programs
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: This rulemaking would have amended the Animal Welfare Act
regulations concerning the humane handling, care, treatment, and
transportation of marine mammals in captivity. These proposed changes
would have affected sections in the regulations relating to variances
and implementation dates, indoor facilities, outdoor facilities, and
water quality. It would also have revised the regulations that relate
to swim-with-the-dolphin programs. We believed these actions were
necessary to ensure that the minimum standards for the humane handling,
care, treatment, and transportation of marine mammals in captivity were
based on current industry standards and scientific knowledge and
experience. The action is being withdrawn due to the age of the
analyses on which it relies.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 04/19/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barbara Kohn, Phone: 301 851-3751.
RIN: 0579-AB24
18. Removal of Emerald Ash Borer Domestic Quarantine Regulations
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786
Abstract: This rulemaking removes the domestic quarantine
regulations for the plant pest emerald ash borer. This action will
discontinue the domestic regulatory component of the emerald ash borer
program as a means to more effectively direct available resources
toward management and containment of the pest. Funding previously
allocated to the implementation and enforcement of these domestic
quarantine regulations will instead be directed to non-regulatory
options to mitigate and control the pest.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/15/20 85 FR 81085
Final Rule Effective................ 01/14/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Herbert Bolton, Phone: 301 851-3594.
RIN: 0579-AE42
BILLING CODE 3410-34-P
DEPARTMENT OF AGRICULTURE (USDA)
Food and Nutrition Service (FNS)
Proposed Rule Stage
19. Strengthening Integrity and Reducing Retailer Fraud in the
Supplemental Nutrition Assistance Program (SNAP)
Legal Authority: Pub. L. 113-79; Pub. L. 115-334
Abstract: This proposed rule would implement statutory provisions
of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill),
the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), and other
language intended to deter retailer fraud, abuse, and non-compliance in
the Supplemental Nutrition Assistance Program (SNAP).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles H. Watford, Regulatory Review Specialist,
Department of Agriculture, Food and Nutrition Service, 1320 Braddock
Place, Alexandria, VA 22314, Phone: 703 605-0800, Email:
[email protected].
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
RIN: 0584-AE71
[[Page 41178]]
20. Special Supplemental Nutrition Program for Women, Infants
and Children (WIC): WIC Online Ordering and Transactions
Legal Authority: Pub. L. 111-296
Abstract: This rule addresses key regulatory barriers to online
ordering in the WIC Program by making changes to the provisions that
prevent online transactions and types of online capable stores from
participating in the Program. This rule will also allow FNS to
modernize WIC vendor regulations that do not reflect current technology
and facilitate the Program's transition to EBT.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael DePiro, Department of Agriculture, Food and
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone:
703 305-2876, Email: [email protected].
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
RIN: 0584-AE85
DEPARTMENT OF AGRICULTURE (USDA)
Food and Nutrition Service (FNS)
Long-Term Actions
21. National School Lunch and School Breakfast Programs: School Food
Service Account Revenue Amendments Related to the Healthy, Hunger-Free
Kids Act of 2010
Legal Authority: Pub. L. 111-296
Abstract: This rule amends National School Lunch Program (NSLP)
regulations to conform to requirements contained in the Healthy,
Hunger-Free Kids Act of 2010 regarding equity in school lunch pricing
and revenue from non-program foods sold in schools. This rule requires
school food authorities (SFAs) participating in the NSLP to provide the
same level of financial support for lunches served to students who are
not eligible for free or reduced price lunches as is provided for
lunches served to students eligible for free lunches. This rule also
requires that all food sold in a school and purchased with funds from
the nonprofit school food service account other than meals and
supplements reimbursed by the Department of Agriculture must generate
revenue at least proportionate to the cost of such foods.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/17/11 76 FR 35301
Interim Final Rule Effective........ 07/01/11
Interim Final Rule Comment Period 09/15/11
End.
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael DePiro, Phone: 703 305-2876, Email:
[email protected].
Maureen Lydon, Phone: 703 457-7713, Email: [email protected].
RIN: 0584-AE11
22. Modernizing Supplemental Nutrition Assistance Program (SNAP)
Benefit Redemption Systems
Legal Authority: Pub. L. 113-79
Abstract: The Agricultural Act of 2014 (Pub. L. 113-79, the Farm
Bill) amended the Food and Nutrition Act of 2008 (the FNA) to include
new requirements regarding the acceptance and processing of SNAP client
benefits by all non-exempt retailers participating in SNAP. Statutory
changes will modernize EBT systems and ensure greater program
integrity. The Food and Nutrition Service (FNS) proposes to revise
certain SNAP regulations for which multiple State agencies have sought
and received approval of waivers. The revisions would streamline
program administration, offer greater flexibility to State agencies,
and improve customer service.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles H. Watford, Phone: 703 605-0800, Email:
[email protected].
Maureen Lydon, Phone: 703 457-7713, Email: [email protected].
RIN: 0584-AE37
23. Supplemental Nutrition Assistance Program (SNAP): Electronic
Benefits Transfer Requirements for Scanning and Product-Lookup
Technology
Legal Authority: Pub. L. 113-79
Abstract: This rule will align program regulations with changes
made by section 4002 of the Agricultural Act of 2014 (Pub. L. 113-79,
the Farm Bill), which introduced new technical requirements for point-
of-sale (POS) devices in the Electronic Benefits Transfer (EBT) system
in section 7(h)(2)(C) of the Food and Nutrition Act of 2008 (the FNA).
The Food and Nutrition Service (FNS) will propose to revise existing
regulations both to codify these statutory requirements as well as to
provide for their effective implementation and enforcement through the
clarification of the technical specifications and capabilities required
of this equipment and by addressing methods for ensuring compliance. In
addition, USDA will define what constitutes an area that has
significantly limited access to food to determine who is exempt from
this requirement.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles H. Watford, Phone: 703 605-0800, Email:
[email protected].
Maureen Lydon, Phone: 703 457-7713, Email: [email protected].
RIN: 0584-AE39
24. National School Lunch and School Breakfast Programs: Nutrition
Standards for all Foods Sold in School, as Required by the Healthy,
Hunger-Free Kids Act of 2010
Legal Authority: Pub. L. 111-296
Abstract: This rule codifies a provision of the Healthy, Hunger-
Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220.
Section 208 requires the Secretary to promulgate regulations to
establish science-based nutrition standards for all foods sold in
schools. The nutrition standards apply to all food sold outside the
school meal programs, on the school campus, and at any time during the
school day.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael DePiro, Phone: 703 305-2876, Email:
[email protected].
Maureen Lydon, Phone: 703 457-7713, Email: [email protected].
RIN: 0584-AE55
25. Providing Regulatory Flexibility for Retailers in the Supplemental
Nutrition Assistance Program (SNAP)
Legal Authority: Pub. L. 113-79; 7 U.S.C. 2011 to 2036
Abstract: The Agricultural Act of 2014 amended the Food and
Nutrition Act of 2008 to increase the requirement that certain
Supplemental Nutrition Assistance Program (SNAP) authorized retail food
stores have available on a continuous basis at least three varieties of
items in each of four staple food categories, to a mandatory minimum of
[[Page 41179]]
seven varieties. The Food and Nutrition Service (FNS) codified these
mandatory requirements. Subsequent annual Agency appropriations bill
language prohibited implementation of certain final rule provisions. In
response, this change will provide some retailers participating in SNAP
as authorized food stores with more flexibility in meeting the enhanced
SNAP eligibility requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/05/19 84 FR 13555
NPRM Comment Period End............. 06/04/19
NPRM Comment Period Reopened........ 06/14/19 84 FR 27743
NPRM Comment Period Reopen End...... 06/20/19
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles H. Watford, Phone: 703 605-0800, Email:
[email protected].
Maureen Lydon, Phone: 703 457-7713, Email: [email protected].
RIN: 0584-AE61
BILLING CODE 3410-30-P
DEPARTMENT OF AGRICULTURE (USDA)
Forest Service (FS)
Long-Term Actions
26. Special Uses--Communications Uses Rent
Legal Authority: 43 U.S.C. 1761 to 1771
Abstract: Consistent with the requirement in title V, section 504
(g) of the Federal Land Policy and Management Act, the proposed rule
would update the Forest Service's rental fee schedule for
communications uses based on market value. Updated rental fees that
exceed 100 percent of current rental fees would be phased in over a 3-
year period. USDA is coordinating development of the information base
to support this rulemaking with the Department of the Interior.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Edwina Howard-Agu, Phone: 202 205-1419, Email:
[email protected].
RIN: 0596-AD43
[FR Doc. 2021-15083 Filed 7-29-21; 8:45 am]
BILLING CODE 3410-11-P
