Department of Agriculture January 2016 – Federal Register Recent Federal Regulation Documents
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Approval of Missouri's Air Quality Implementation Plans; Americold Logistics, LLC 24-Hour Particulate Matter (PM10
The Environmental Protection Agency (EPA) is proposing to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri on June 2, 2014. This proposed SIP revision will incorporate a consent judgment to address violations of the 24-hour particulate matter (PM10) NAAQS near the Americold Logistics, LLC, Carthage Crushed Limestone (CCL) facility near Carthage, Missouri. CCL is a limestone quarry operations. The consent judgment between the State of Missouri and CCL includes measures that will control PM10 emissions from the facility. This proposed approval will make the consent judgment Federally-enforceable.
Approval of Missouri's Air Quality Implementation Plans; Americold Logistics, LLC 24-Hour Particulate Matter (PM10
The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri on June 2, 2014. This SIP revision incorporates a consent judgment to address violations of the 24-hour particulate matter (PM10) NAAQS near the Americold Logistics, LLC, Carthage Crushed Limestone (CCL) facility near Carthage, Missouri. CCL is a limestone quarry operation. The consent judgment between the State of Missouri and CCL includes measures that will control PM10 emissions from the facility. This approval will make the consent judgment Federally-enforceable.
Air Plan Approval; Minnesota; Inver Hills SO2
The Environmental Protection Agency (EPA) is approving a revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for Northern States Power Company's Xcel Energy-Inver Hills Generating Plant (Inver Hills), located in Inver Grove Heights, Minnesota. The revision, submitted by the Minnesota Pollution Control Agency (MPCA) on May 1, 2015, incorporates a more stringent limit for the sulfur content of the fuel used at the facility, and modifies the fuel analysis requirements to meet the more stringent limit. These revisions will not result in an increase in SO2 emissions at the facility.
Air Plan Approval; Minnesota; Inver Hills SO2
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for Northern States Power Company's Xcel Energy-Inver Hills Generating Plant, located in Inver Grove Heights, Minnesota. The revision, submitted by the Minnesota Pollution Control Agency on May 1, 2015, incorporates a more stringent limit for the sulfur content of the fuel used at the facility, and modifies the fuel analysis requirements to meet the more stringent limit. These revisions will not result in an increase in SO2 emissions at the facility.
Disapproval of California Air Plan Revisions, South Coast Air Quality Management District
The Environmental Protection Agency (EPA) is finalizing disapproval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on November 24, 2015 and concerns rules regulating Vehicle Scrapping, Employee Trip Reduction, and procedures for the hearing board concerning variances and subpoenas. The submitted SCAQMD rules are discretionary and this disapproval does not reveal a deficiency in the SIP.
Approval and Promulgation of Implementation Plans; Louisiana
The Environmental Protection Agency (EPA) is finalizing its proposal to approve revisions to the State Implementation Plan (SIP) for Louisiana. These rule revisions are the 2007 General Revisions, and 2008-2010 Miscellaneous Rule Revisions to the SIP that were submitted by the State of Louisiana. The overall intended outcome is to make the approved Louisiana SIP consistent with current Federal and State requirements. This action is in accordance with the federal Clean Air Act (the Act).
Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour Ozone NAAQS
The Environmental Protection Agency (EPA) is taking final action to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (DAQ) on November 18, 2015, to address the emissions statements requirement for the Commonwealth's portion of the Cincinnati, Ohio-Kentucky-Indiana (Cincinnati, OH-KY- IN) 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area (hereafter referred to as the ``Cincinnati, OH-KY-IN Area'' or ``Area''). Annual emissions reporting (i.e., emissions statements) is required for all ozone nonattainment areas. The Area is comprised of Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; portions of Boone, Campbell, and Kenton Counties in Kentucky; and a portion of Dearborn County in Indiana. Any actions that EPA takes regarding the emissions statements requirements for the Ohio and Indiana portions of this Area will be addressed in separate rulemakings.
National Coastal Condition Assessment 2010
This notice announces the availability of the final National Coastal Condition Assessment (NCCA) 2010. The NCCA describes the results of a nationwide coastal probabilistic survey that was conducted in the summer of 2010 by the Environmental Protection Agency (EPA) and its state, tribal, and federal partners. Results include estimates of coastal area with good, fair, and poor biological quality, water quality, sediment quality, and ecological fish tissue quality. Results are presented nationally and regionally for the Northeast, Southeast, Gulf of Mexico, West, and Great Lakes coasts. The NCCA 2010 also includes information on how the survey was implemented, and future actions and challenges.
Integrated Science Assessment for Oxides of Nitrogen-Health Criteria
The Environmental Protection Agency (EPA) is announcing the availability of a final document titled, ``Integrated Science Assessment for Oxides of NitrogenHealth Criteria'' (EPA/600/R-15/ 068). The document was prepared by the National Center for Environmental Assessment National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD) as part of the review of the primary (health-based) National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO2). The Integrated Science Assessment (ISA), in conjunction with additional technical and policy assessments, provides the scientific basis for decisions by the EPA on the adequacy of the current NAAQS and the appropriateness of possible alternative standards. The EPA is developing a separate ISA and conducting a separate review for the secondary (welfare-based) NAAQS for NO2, in conjunction with a review of the secondary NAAQS for sulfur dioxide.
Agency Information Collection Activities: Proposed Collection; Comment Request-Community Eligibility Provision Characteristics Study (CEP)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a new collection for the Community Eligibility Provision Characteristics Study (CEP).
Eleven Point Resource Advisory Committee Meeting
The Eleven Point Resource Advisory Committee (RAC) will meet in Winona, Missouri. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (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. RAC information can be found at the following Web site: https://cloudapps-usda-gov.force.com/ FSSRS/RAC_page?id=001t0000002JcvzAAC.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Wooden Handicrafts From China
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the regulations for the importation of wooden handicrafts from China.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service (RUS) an agency delivering the U.S. Department of Agriculture (USDA) Rural Development Utilities Programs invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested.
Davy Crockett Resource Advisory Committee Meeting
The Davy Crockett Resource Advisory Committee (RAC) will meet in Ratcliff, Texas. 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 discuss Title II projects, Stewardship projects and the implications of the Farm Bill.
SNAP Requirement for National Directory of New Hires Employment Verification and Annual Program Activity Reporting
The Food and Nutrition Service is codifying the requirement for State agencies to verify applicant employment data through the National Directory of New Hires (NDNH) for the determination of Supplemental Nutrition Assistance Program (SNAP) eligibility and correct amount of benefits, pursuant to section 4013 of the Agricultural Act of 2014. This interim final rule requires that State agencies access employment data through the NDNH at the time of SNAP certification, including recertification, and aims to improve Program integrity by reducing the risk of improper payments due to unreported or misreported income. This rule further amends regulations to change the reporting frequency requirement for the ``Program and Budget Summary Statement Part BProgram Activity Statement'' from an annual submission based on the State fiscal year to a quarterly submission based on the Federal fiscal year.
Identifying and Reducing Regulatory Burdens
In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' and Executive Order 13610, ``Identifying and Reducing Regulatory Burdens,'' the U.S. Department of Agriculture (USDA) is continuing to review its regulatory programs and evaluate their burdens and their effectiveness. As part of this effort, USDA welcomes public comment on which regulations should be modified, expanded, streamlined, or repealed to make the USDA's regulatory program more effective or less burdensome in achieving the regulatory objectives. The 2015 Fall Regulatory Agenda provides a summary of the USDA regulations under development or review during the coming year. Similarly, USDA's 2015 Statement of Regulatory Priorities provides a list of important regulatory actions that USDA is considering for issuance in proposed or final form during the 2016 fiscal year.
Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles
We are adopting as a final rule, without change, an interim final rule that established definitions for the terms common cultivar and common food crop and several related terms. The 2008 amendments to the Lacey Act expanded its protections to a broader range of plant species; extended its reach to encompass products, including timber, that derive from illegally harvested plants; and required that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms common cultivar and common food crop but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. The interim final rule specifically requested comment on definitions of two related terms: Commercial scale and tree. This document responds to comments we received on those definitions.
Reauthorization of the United States Grain Standards Act
The Department of Agriculture (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing to revise existing regulations and add new regulations under the United States Grain Standards Act (USGSA), as amended, in order to comply with amendments to the USGSA made by the Agriculture Reauthorizations Act of 2015. Specifically, this rulemaking proposes to eliminate mandatory barge weighing, remove the discretion for emergency waivers of inspection and weighing, revise GIPSA's fee structure, revise exceptions to official agency geographic boundaries, extend the length of licenses and designations, and impose new requirements for delegated States.
Black Stem Rust; Additions of Rust-Resistant Species and Varieties
We are amending the black stem rust quarantine and regulations by adding nine varieties to the list of rust-resistant Berberis species and varieties. This action will allow for the interstate movement of these newly developed varieties without unnecessary restrictions.
Southern Montana Resource Advisory Committee
The Southern Montana Resource Advisory Committee (RAC) will meet in Columbus, Montana. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (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. Additional RAC information, including the meeting agenda and the meeting summary/ minutes can be found at the following Web site: www.fs.usda.gov/ custergallatin.
Gallatin County Resource Advisory Committee
The Gallatin County Resource Advisory Committee (RAC) will meet in Bozeman, MT. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (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. Additional RAC information, including the meeting agenda and the meeting summary/ minutes can be found at the following Web site: https://www.fs.usda.gov/ detail/custergallatin/workingtogether/?cid=stelprdb5304491.
El Dorado County Resource Advisory Committee
The El Dorado County Resource Advisory Committee (RAC) will meet in Placerville, California. 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 meetings are open to the public. RAC information can be found at the following Web site: www.fs.usda.gov/eldorado.
Forest Resource Coordinating Committee
The Forest Resource Coordinating Committee (Committee) will meet via teleconference. The Committee is established consistent with the Federal Advisory Committee Act of 1972 (FACA) (5 U.S.C. App. II), and the Food, Conservation, and Energy Act of 2008 (the Act) (Pub. L. 110-246). Committee information can be found at the following Web site at https://www.fs.fed.us/spf/coop/frcc/.
Stewardship End Result Contracting Projects
The United States Department of Agriculture (Department) is issuing this rule to carry out Stewardship End Result Contracting Projects. This authority originated on a limited pilot basis and then was expanded through a succession of subsequent amendments and continued into Fiscal Year 2014. The enactment of section 8205 of the Agricultural Act of 2014 (2014 Act) establishes permanent authority to conduct Stewardship End Result Contracting projects by adding a new section 604 to the Healthy Forests Restoration Act of 2003 (HFRA). Accordingly, this final rule sets forth the regulations implementing this permanent authority. These regulations generally follow the Forest Service policy and processes that have been in place for some time. The regulations revise existing Forest Service policy to provide greater uniformity in the administration of the various mechanisms used by the Forest Service to implement stewardship projects.
Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
The Department of Agriculture is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the Washington Apricot Marketing Committee (Committee) to decrease the assessment rate from $1.50 to $0.75 per ton of Washington apricots handled for the 2015-2016 and subsequent fiscal periods. The Committee locally administers the marketing order and is comprised of apricot producers and handlers operating within designated counties in Washington. The interim rule was necessary to allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Agency's (RHS) intention to request an extension of a currently approved information collection in support of the program for 7 CFR part 1951, subpart F, ``Analyzing Credit Needs and Graduation of Borrowers.''
United States Standards for Mixed Grain
The United States Department of Agriculture's (USDA) Grain Inspection, Packers, and Stockyards Administration (GIPSA) is seeking comment from the public regarding the United States (U.S.) Standards for Mixed Grain under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current mixed grain standards and grading practices need to be changed.
United States Standards for Flaxseed
The United States Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is seeking comments from the public regarding the United States (U.S.) Standards for Flaxseed under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current flaxseed standards and grading practices need to be changed.
United States Standards for Rye
The United States Department of Agriculture's (USDA) Grain Inspection, Packers, and Stockyards Administration (GIPSA) is seeking comment from the public regarding the United States (U.S.) Standards for Rye under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current rye standards and grading practices need to be changed.
United States Standards for Triticale
The United States Department of Agriculture's (USDA) Grain Inspection, Packers, and Stockyards Administration (GIPSA) is seeking comment from the public regarding the United States (U.S.) Standards for Triticale under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current triticale standards and grading practices need to be changed.
Direct Farm Ownership Microloan
The Farm Service Agency (FSA) is adding Direct Farm Ownership Microloan (DFOML) to the existing Direct Loan Program. The revisions to the Direct Loan Program regulations consist of application, eligibility, repayment terms, and security requirements to better serve the unique operating needs of small family farm operations. The existing Microloans (ML) in the Direct Loan Program already include MLs for operating loans (OL). DFOML is expected to make farm ownership loans (FOs) available and more attractive to small operators through reduced application requirements, more timely application processing, and added flexibility for Youth Loan (YL) borrowers in meeting the farm experience eligibility requirement.
Agency Information Collection Activities: Proposed Collection; Comment Requested-Review of Child Nutrition Data and Analysis for Program Management
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a new collection to review and document State and School Food Authority (SFA) National School Lunch Program (NSLP) and School Breakfast Program (SBP) Management Information Systems (MIS) in order to provide FNS with a baseline assessment of the MIS system and to inform FNS regarding how States and SFAs use data systems beyond fulfilling FNS reporting requirements.
Importation of Fresh Apple and Pear Fruit Into the Continental United States From Certain Countries in the European Union
We are proposing to amend the regulations to allow the importation of fresh apple and pear fruit from certain countries in the European Union into the continental United States, provided that the fruit is produced in accordance with a systems approach, as an alternative to importation under the current preclearance program. The proposed systems approach for fresh apple and pear fruit consists of production site and packinghouse registration, inspection of registered production sites twice a season, production site pest control and sanitation, post-harvest safeguards, fruit culling, traceback, sampling, cold treatment against Mediterranean fruit fly in countries where the pest is known to occur, a phytosanitary certificate, port of entry inspection, and importation as commercial consignments only. Fresh apple and pear fruit that does not meet the requirements in the systems approach would continue to be allowed to be imported into the United States subject to the conditions of the preclearance program. This action would provide an alternative for the importation of fresh apple and pear fruit from certain countries in the European Union while continuing to provide protection against the introduction of plant pests into the continental United States.
Information Collection Request; Noninsured Crop Disaster Assistance Program and Report of Acreage
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision of a currently approved information collection in support of the Noninsured Crop Disaster Assistance Program (NAP). The revision adds the report of acreage for NAP in the information collection request. The report of acreage is not a new requirement for NAP; it was previously covered in a separate information collection request and FSA is merging it into the NAP information collection request. The information being collected is needed from producers to determine their eligibility for NAP assistance.
Exportation of Live Animals, Hatching Eggs, and Animal Germplasm From the United States
We are revising the regulations pertaining to the exportation of livestock from the United States. Among other things, we are removing most of the requirements for export health certifications, tests, and treatments from the regulations, and instead directing exporters to follow the requirements of the importing country regarding such processes and procedures. We are retaining only those export health certification, testing, and treatment requirements that we consider necessary to have assurances regarding the health and welfare of livestock exported from the United States. We also are allowing pre- export inspection of livestock to occur at facilities other than an export inspection facility associated with the port of embarkation, under certain circumstances, and replacing specific standards for export inspection facilities and ocean vessels with performance standards. These changes will provide exporters and the Animal and Plant Health Inspection Service (APHIS) with more flexibility in arranging for the export of livestock from the United States while continuing to ensure the health and welfare of the livestock. Additionally, if APHIS knows that an importing country requires an export health certificate endorsed by the competent veterinary authority of the United States for any animal other than livestock, including pets, or for any hatching eggs or animal germplasm, we are requiring that the animal, hatching eggs, or animal germplasm have such a health certificate to be eligible for export from the United States. This change will help ensure that all animals, hatching eggs, and animal germplasm exported from the United States meet the health requirements of the countries to which they are destined. Finally, we are making editorial amendments to the regulations to make them easier to understand and comply with.
Notice of Solicitation of Applications (NOSA) for the Section 533 Housing Preservation Grants for Fiscal Year 2016
This document corrects the closing deadline date that has changed since the initial Notice that appeared in the Federal Register on December 29, 2015, entitled ``Notice of Solicitation of Applications (NOSA) for the 533 Housing Preservation Grants for Fiscal Year 2016''.
Forestry Research Advisory Council
The Forestry Research Advisory Council (FRAC) will meet in Washington, DC The Council is required by Section 1441 of the Agriculture and Food Act of 1981 to provide advice to the Secretary of Agriculture on accomplishing efficiently the purposes of the Act of October 10, 1962 (16 U.S.C. 582a, et seq.), commonly known as the McIntire-Stennis Act of 1962. The Council also provides advice relative to the Forest Service research program, authorized by the Forest and Rangeland Renewable Resources Research Act of 1978 (Pub. L. 95-307, 92 Stat. 353, as amended; 16 U.S.C. 1600 (note)). FRAC information can be found at the following Web site: https://fs.fed.us/research/about/ forestry-research-council/.
Local Food Directories and Survey: Notice of Request for Revision of a Currently Approved Information Collection and To Merge the Collection of National Farmers Market Directory and Survey With Modules and Local Food Directories and Survey
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for revision of two currently approved collections by merging them into a single information collection, titled ``Local Food Directories and Survey''. AMS intends to combine collection 0581-0169, National Farmers Market Directory and Survey with Modules, and collection 0581-0289, Local Food Directories and Survey, and title it ``Local Food Directories and Survey''. Merging the collections will allow for reduced input time for operators of multiple local food enterprises. All directories are national in scope and provide free advertising for producers of local agricultural products. The directories also assist customers to locate local food enterprises.
United States Standards for Sunflower Seed
The United States Department of Agriculture's (USDA) Grain Inspection, Packers, and Stockyards Administration (GIPSA) is seeking comment from the public regarding the United States (U.S.) Standards for Sunflower Seed under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current sunflower seed standards and grading practices need to be changed.
Prohibitions in Region 8, Southern Region
The Chattooga Wild and Scenic River is located in the Nantahala National Forest in North Carolina, the Sumter National Forest in South Carolina and the Chattahoochee National Forest in Georgia. Forest Service regulations generally prohibit floating activities on the Chattooga Wild and Scenic River unless authorized by a permit. On January 31, 2012, the U.S. Department of Agriculture (USDA), Forest Service issued decisions to change some of the locations where, and conditions under which, boating would be allowed. Consequently, the Forest Service proposes to amend the regulations to more accurately reflect the new management direction for the Chattooga Wild and Scenic River.
National Organic Program: Notice of Final Guidance for Accredited Certifying Agents and Certified Operations on Natural Resources and Biodiversity Conservation
The National Organic Program (NOP) is announcing the availability of a final guidance document intended for use by accredited certifying agents and certified operations. The guidance document is entitled: Natural Resources and Biodiversity Conservation (NOP 5020). This guidance document is intended to inform the public of NOP's current thinking on this topic.
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