Department of Agriculture April 2014 – Federal Register Recent Federal Regulation Documents

The Locally or Regionally Produced Agricultural Food Products provision, under the Business and Industry (B&I) Guaranteed Loan Program, is designed to help facilitate the production, processing, and distribution of locally and regionally produced agricultural food products. Although demand exists for locally and regionally produced foods, producers in many parts of the country have difficulties accessing markets and processing facilities as well as establishing distribution channels. In addition, some retail outlets are less willing to buy from smaller volume producers because the volume of food that the producers can supply at any one time is insufficient. The Locally or Regionally Produced Agricultural Food Products provision provides loan guarantees for the purpose of establishing or facilitating enterprises that process, distribute, aggregate, store, and market locally or regionally produced agricultural food products to support community development and farm and ranch income. For purposes of this provision under the B&I Guaranteed Loan Program, 7 U.S.C. 1932(g)(9) provides: ``The term `locally or regionally produced agricultural food product' means any agricultural food product that is raised, produced, and distributed in the locality or region in which the final product is marketed, so that the total distance that the product is transported is less than 400 miles from the origin of the product, or in the State in which the product is produced.'' Food products could be raw, cooked, or a processed edible substance, beverages, or ingredients used or intended for use or for sale in whole or in part for human consumption. To be eligible for funding through the Locally or Regionally Produced Agricultural Food Products provision, projects must ensure that there is an agreement that the local or regional nature of the food product is conveyed to the end consumer. If the end product is sold at a grocery retail facility or institution, local products must be identified to the consumer with a sticker, sign, or other indicator of the product's local or regional origin. The Locally or Regionally Produced Agricultural Food Products provision gives priority to the financing of projects that provide a benefit to underserved communities. An underserved community is defined as a community (including an urban or rural community and an Indian tribal community) that has limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer to consumer direct markets AND has a high rate of hunger or food insecurity or a high poverty rate as determined by the Secretary. Applicants that serve schools may also be eligible. Projects that have components that benefit underserved communities will receive priority. For the purpose of this provision, projects that are physically located in an urban area are eligible for priority funding if the project provides a clear benefit to an underserved community by increasing that underserved community's access to affordable, healthy, locally, or regionally produced foods. For example, an aggregation and distribution center that is physically located in an urban area would be eligible for priority funding if a meaningful portion of the aggregated product is made available to consumers at grocery retail establishments located within the underserved community or to food banks, schools, or other institutions serving low-income populations, thus providing a benefit to the underserved community. An aggregation and distribution center in an urban area would not be eligible for priority funding under the provision if it distributes all of its food to high-end markets. When there is a tie in priority scoring, projects that serve underserved communities will be funded over those that do not serve underserved communities. Through Fiscal Year 2018, the Agency is required to reserve not less than 5 percent of the funds available to the B&I program until April 1 of each year for entities that establish and facilitate the processing, distributing, aggregating, storing, and marketing of locally or regionally produced agricultural food products. The Agency will also continue to fund local or regionally produced agricultural food products projects after the April 1 reserve expires. Requirements for submission can be found in 7 CFR, part 4279, subpart B.

The Rural Business-Cooperative Service announces the availability of $3,000,000, in competitive grant funds for the FY 2014 Small Socially-Disadvantaged Producer Grants (SSDPG) program as authorized by the Consolidated Appropriations Act, 2014. We are requesting proposals from applicants who will provide technical assistance to small, socially-disadvantaged agricultural producers in rural areas. Eligible applicants include Cooperatives, Groups of Cooperatives, and Cooperative Development Centers. The maximum award per grant is $200,000. The grant period is limited to a one-year timeframe.

The Rural Utilities Service (RUS) an agency of the United States Department of Agriculture (USDA) is giving notice of its intent to adopt the U.S. Army Corps of Engineers' (USACE) existing general reevaluation report and final environmental impact statement (GRR/EIS) for the Bayou Meto Basin, Arkansas project (project). RUS is considering providing funding to the applicant, the Bayou Meto Water Management District (BMWMD), to construct a portion of the project consisting of activities that have been identified, designed and reviewed under the USACE's existing GRR/EIS. Based on RUS' independent evaluation, adoption of the GRR/EIS would meet the Council on Environmental Quality (CEQ) and RUS regulations and guidance for implementing the National Environmental Policy Act (NEPA). To fulfill our NEPA requirements and support a funding decision, we are recirculating the GRR/EIS for written public comment via this notice, in accordance with CEQ and RUS adoption guidelines.

As directed by the National Forest Management Act (NFMA), the U.S. Forest Service is preparing the Francis Marion's revised land management plan (forest plan) and will also prepare an EIS) for this revised forest plan. This notice briefly describes the nature of the decision to be made, a proposed action based on the preliminary identified need to change the existing plan and information concerning public participation. It also provides estimated dates for filing the EIS and the name and address of the responsible agency official and the individuals who can provide additional information. Finally, this notice identifies the applicable planning rule that will be used for completing this plan revision. The revised forest plan will supersede the existing forest plan that was approved by the Regional Forester in December 1995. The existing forest plan will remain in effect until the revised forest plan takes effect.

The Eldorado National Forest will prepare an environmental impact statement (EIS) to reforest portions of the Power Fire as well as manage existing plantations within the Power Fire. The EIS will analyze planting of small trees, mechanical and chemical site preparation for planting, mechanical and chemical removal of competing vegetation, control of invasive plant species, and oak stand improvement.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) Packers and Stockyards Program (PSP) is incorporating by reference ``2013 edition of the NIST Handbook 44'' and to require that the scales used by stockyard owner, market agencies, dealers, packers, and live poultry dealers to weigh livestock, livestock carcasses, live poultry, or feed for the purpose of purchase, sales acquisitions, payment, or settlement meet applicable requirements of the 2013 edition of the NIST Handbook 44.

The Southern New Mexico Resource Advisory Committee (RAC) will meet in Socorro, New Mexico. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110- 343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Title II of the Act. The meeting is open to the public. The purpose of the meeting is review project proposals to be initiated with Title II funds.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection. This is a new information collection for the Child and Adult Care Food Program (CACFP) Sponsor and Provider Characteristics Study.

Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463), the Northeast Oregon Forests Resource Advisory Committee (RAC) will meet on May 9, 2014 in La Grande, Oregon. The purpose of the meeting is to meet as a Committee to discuss selection of Title II projects under Public Law 110-343, H.R. 1424, the Reauthorization of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 500 note; Pub. L. 106-393), also called ``Payments to States'' Act.

We are proposing to change the hourly rates charged for Sundays, holidays, or other overtime work performed by employees of the Animal and Plant Health Inspection Service (APHIS) for any person, firm, or corporation having ownership, custody, or control of regulated commodities or articles subject to inspection, laboratory testing, certification, or quarantine under the regulations. We are proposing to increase these overtime rates for each of the fiscal years 2014 through 2018 to reflect the anticipated costs associated with providing these services during each year. Establishing the overtime rate changes in advance would allow users of APHIS' services to incorporate the rates into their budget planning. We are also proposing to clarify the regulations to indicate that agricultural inspections performed by the Department of Homeland Security (DHS) may be billed in accordance with DHS overtime regulations for services performed outside of regular business hours, as DHS rates may differ from those charged by APHIS.

The Lynn Canal-Icy Strait Resource Advisory Committee (RAC) will meet in Juneau, Alaska. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110- 343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. The meeting is open to the public. The purpose of the meeting is to review project proposals and update current RAC members with the status of approved projects from previous years.

The Agricultural Marketing Service (AMS) is announcing the availability of a draft guidance document intended for use by accredited certifying agents and certified operations and exempt operations that produce or handle certified organic products. The guidance document is entitled: Substances Used in Post-Harvest Handling of Organic Products (NOP 5023). This guidance document is intended to inform the public of the National Organic Program's (NOP) current thinking on this topic. The NOP is seeking comments on this draft guidance document.

The Food and Nutrition Service (FNS) is issuing this affirmation of a final rule, without change, of an interim rule that amended Supplemental Nutrition Assistance Program (SNAP) regulations, to require State agencies to monitor electronic benefit transfer (EBT) card replacement requests and send notices to those clients who have requested four cards within a 12-month period. The State agency shall be exempt from sending this notice if it chooses to exercise the card withholding option, in accordance with SNAP regulations, and sends the first warning notice upon the household's fourth card replacement request.

The Siskiyou, Oregon Resource Advisory Committee (RAC) will meet in Gold Beach, Oregon. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110- 343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is orientation of RAC members.

This rule decreases the assessment rate established for the Spearmint Oil Administrative Committee (Committee), for the 2014-15 and subsequent marketing years from $0.10 to $0.09 per pound of spearmint oil handled. The Committee locally administers the marketing order which regulates the handling of spearmint oil produced in the Far West. Assessments upon spearmint oil handlers are used by the Committee to fund reasonable and necessary expenses of the program. The marketing year begins June 1 and ends May 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. Effective April 23, 2014. Comments received by June 23, 2014, will be considered prior to issuance of a final rule.

The U.S. Forest Service requests proposals for the following two separate funding opportunities that are being announced at the same time for administrative efficiency, but have separate and unique application criteria, requirements, and review processes: (A) 2014 Statewide Wood Energy Teams (SWET) Cooperative Agreement, and (B) 2014 Hazardous Fuel Wood to Energy (W2E) Grant. The outcomes anticipated under these two separate funding mechanisms will advance the United States Department of Agriculture (USDA)'s initiative to expand wood energy use that supports forest management. These two funding opportunities enhance each other and collectively create opportunities for wood energy projects to access other USDA Rural Development programs. The SWET cooperative agreement helps communities do initial planning, educational outreach, and preliminary assessments to identify promising wood energy opportunities, whereas the W2E grant funds the design and other pre- construction needs for specific wood energy projects. Both of these funding programs promote use of woody biomass from National Forest System lands and place more emphasis this year on encouraging clustering of projects that improve efficiencies and economies of scale. The requirements for the cooperative agreement and grant applications are presented separately after the FOR FURTHER INFORMATION CONTACT section of this announcement. In the rare case that an applicant qualifies and would like to apply for both the cooperative agreement and grant, then the applicant must submit separate application packages according to the requirements for each funding opportunity.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to seek reinstatement of an information collection, the 2014 Tenure, Ownership and Transition of Agricultural Land (TOTAL) survey, formerly known as the Agricultural Economics and Land Ownership Survey (AELOS).

Central Illinois Grain Inspection, Inc. (Central Illinois) purchased Decatur Grain Inspection, Inc. (Decatur) and met the requirements specified in 7 CFR 800.196 (f)(2). A Federal Register Notice (79 FR 3172) was published to amend Central Illinois' designation to include the former Decatur geographic area and was effective October 17, 2013 to March 31, 2014. In view of this, GIPSA is providing an additional opportunity to apply for designation for Central Illinois' amended geographic area. GIPSA is designating Central Illinois to provide official services in the amended geographic area until a designee is selected and announced in the Federal Register. This period is not to exceed one year. We are asking persons or government agencies interested in providing official services in the areas presently served by this agency to submit an application for designation. In addition, we are providing an additional opportunity for comments on the quality of services provided by Central Illinois.

We are proposing to amend the Virus-Serum-Toxin Act regulations to provide for the use of a simpler labeling format that would better communicate product performance to the user. We intend to replace the current label format, which reflects any of four different levels of effectiveness, with a single, uniform label format. We are also proposing to require biologics licensees to provide a standardized summary, with confidential business information removed, of the efficacy and safety data submitted to the Animal and Plant Health Inspection Service in support of the issuance of a full product license or conditional license. A simpler label format along with publicly available safety and efficacy data will help biologics producers to more clearly communicate product performance to their customers.

The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to change the fees it charges for the accreditation and the maintenance of accreditation of non-Federal laboratories for the FSIS Accredited Lab Program (ALP). Currently, the Agency charges a flat annual fee of $5,000 for each accreditation or maintenance of accreditation. Laboratories that participate in FSIS' ALP can receive accreditation in one to six analyte classes. FSIS is proposing to charge laboratories $5,000 per year for the first analyte class accreditation or maintenance (as it currently does), but to reduce the charges to $2,900 per year for the second, and $2,100 per year for each additional analyte class accreditation or maintenance of accreditation.

The Food Safety and Inspection Service (FSIS) is announcing the availability of guidance on allergens and other ingredients of public health concern that provides recommendations for identifying hazards when conducting a hazard analysis and to prevent and control hazards through hazard analysis and critical control point (HACCP) plans or Sanitation standard operating procedures (SOPs) or other prerequisite programs with respect to these substances. The emphasis of the guidelines is on meat and poultry products. The guidelines represent the best practice recommendations of FSIS, based on scientific and practical considerations. By following these guidelines, establishments are likely to ensure that product labels declare all ingredients, as required in the regulations, and that the product does not contain undeclared allergens or other undeclared ingredients.