Department of Agriculture February 2017 – Federal Register Recent Federal Regulation Documents
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Increase in Fiscal Year 2017 Specialty Sugar Tariff-Rate Quota
The Office of the Secretary of the Department of Agriculture (the Secretary) is providing notice of an increase in the fiscal year (FY) 2017 specialty sugar tariff-rate quota (TRQ) of 40,000 metric tons raw value (MTRV).
Organic Research, Promotion, and Information Order
Notice is hereby given that Agricultural Marketing Service (AMS) is extending the comment period for the proposed rule published in the Federal Register on January 18, 2017 (82 FR 5746), until April 19, 2017. The proposed rule invited comments on the proposed establishment of an industry-funded research, promotion, and information program for certified organic products. The proposed rule also announced the Agricultural Marketing Service's (AMS) intent to request approval from the Office of Management and Budget (OMB) of new information collection requirements to implement the program. This document extends the comment period for the proposed rule by 30 days.
Organic Research, Promotion, and Information Order; Referendum Procedures
Notice is hereby given that Agricultural Marketing Service (AMS) is extending the comment period for the proposed rule published in the Federal Register on January 18, 2017 (82 FR 5438), until April 19, 2017. The proposed rule invited comments on the proposed procedures for conducting a referendum to determine whether the issuance of a proposed Organic Research, Promotion, and Information Order (proposed Order) is favored by certified organic producers, certified organic handlers, and importers of certified organic products. The procedures would also be used for any subsequent referendum under the proposed Order. This proposed rule also announced the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the program. The proposed Order was published separately in the Federal Register on January 18, 2017 (82 FR 5746).
Notice of Request for a Revision to and Extension of Approval of an Information Collection: Qualitative Feedback on Agency Service Delivery
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB), for a revision to and an extension of approval of an information collection associated with qualitative customer and stakeholder feedback on service delivery by the AMS.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Decreased Assessment Rate
This rule implements a recommendation from the Walla Walla Sweet Onion Marketing Committee (Committee) for a decrease in the assessment rate established for the 2017 and subsequent fiscal periods from $0.22 to $0.10 per 50-pound bag or equivalent of sweet onions handled. The Committee locally administers the marketing order and is comprised of producers and handlers of sweet onions operating within the area of production along with one public member. Assessments upon sweet onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Cotton Research and Promotion Program: Request for Comments To Be Used in a Review of 1990 Amendments to the Cotton Research and Promotion Act
As provided for by the Cotton Research and Promotion Act Amendments of 1990, the Agricultural Marketing Service (AMS) is announcing its intention to conduct a review to ascertain whether a referendum is needed to determine whether producers and importers favor continuation of amendments to the Cotton Research and Promotion Order (Order). This notice invites all interested parties to submit written comments to the Department of Agriculture (USDA). USDA will consider these comments in determining whether a referendum is warranted.
Revisions and Clarifications in Requirements for the Processing of Donated Foods; Extension of Comment Period
The Food and Nutrition Service (FNS) is extending the comment period for this proposed rule. This rule proposes to revise and clarify requirements for the processing of donated foods in order to: Incorporate successful processing options tested in demonstration projects, ensure accountability for donated foods provided for processing, and increase program efficiency. The rule would require multi-State processors to enter into National Processing Agreements to process donated foods into end products, permit processors to substitute commercially purchased beef and pork of U.S. origin and of equal or better quality for donated beef and pork, and would increase oversight of inventories of donated foods at processors. The rule also revises regulatory provisions in plain language, to make them easier to read and understand.
Agency Information Collection Activities: Proposed Collection; Comment Request-Scanner Capability Assessment of SNAP-Authorized Small Retailers (SCANR) Study
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection of information for the Scanner Capability Assessment of SNAP-Authorized Small Retailers (SCANR) Study. This is a NEW information collection. The SCANR Study will provide FNS with an understanding of the extent to which small retailers participating in the Supplemental Nutrition Assistance Program (SNAP) are able to meet Section 4002 of the Agricultural Act of 2014 (2014 Farm Bill) requirement that all authorized SNAP retailers use scanning technologies at the point of sale (POS) to redeem SNAP benefits. Understanding the number of small retailers that lack scanning systems, the costs of adopting and maintaining scanning systems, and the barriers small retailers face in adopting the technology are key to informing rulemaking for the 2014 Farm Bill requirement.
Agency Information Collection Activities: Proposed Collection; Comment Request-Evaluation of the Direct Certification With Medicaid for Free and Reduced-Price (DCM-F/RP) Meals Demonstrations
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 Evaluation of the Direct Certification with Medicaid for Free and Reduced-Price Meals (DCM-F/RP) Demonstrations.
Regulations Issued Under Authority of the Export Apple Act and Export Grapes and Plums; Changes to Export Reporting Requirements
Notice is hereby given that the Agricultural Marketing Service (AMS) is reopening the comment period on the proposed rule to change the reporting of export certificate information under regulations issued pursuant to the Export Apple Act (7 CFR part 33) and the Export Grape and Plum Act (7 CFR part 35). The proposed rule would require shippers of apples and grapes exported from the United States to electronically enter an Export Form Certificate number or a USDA- defined exemption code into the Automated Export System (AES). This rule would also define ``shipper,'' shift the current file retention requirement from carriers to shippers, and require shippers to provide, upon request, copies of the certificates to AMS. The proposed rule would also remove obsolete regulations and make clarifying changes. It also announced AMS' intention to request revision to a currently approved information collection for exported apples and grapes.
Information Collection; Federal Excess Personal Property (FEPP) and Firefighter Property (FFP) program Administration
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the revised information collection, Federal Excess Personal Property (FEPP) and Firefighter Property (FFP) Program Administration.
Notice of Request for Approval of a New Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Foreign Agricultural Service to request approval for a new information collection for the USDA's Quality Samples Program.
Notice of Request for Approval of a New Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Foreign Agricultural Service to request approval for a new information collection for the USDA's Emerging Markets Program.
Energy Answers Arecibo, LLC: Notice of availability of a Final Environmental Impact Statement
The Rural Utilities Service (RUS), an agency within the Department of Agriculture (USDA), has prepared a Final Environmental Impact Statement (FEIS) to meet its responsibilities under the National Environmental Policy Act (NEPA), RUS's implementing regulations, 7 CFR part 1970, and other applicable environmental requirements related to providing financial assistance for Energy Answers Arecibo, LLC's (Energy Answers) proposed (Project) in Arecibo, Puerto Rico. RUS will also use the FEIS to meet its responsibilities under Section 106 of the National Historic Preservation Act, 54 U.S.C. 300101, and its implementing regulations, ``Protection of Historic Properties'' (36 CFR part 800). The FEIS addresses the construction, operation, and maintenance of Energy Answers' proposed Project, a waste-to-energy generation and resource recovery facility described previously in the Draft Environmental Impact Statement (DEIS). It also addresses the roughly 3,820 comments received during the comment periods for the DEIS. The overall project area encompasses parts of the Cambalache Ward in Arecibo, Puerto Rico.
Codex Alimentarius Commission: Meeting of the Codex Committee on Contaminants in Food
The Office of Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services, are sponsoring a public meeting on March 2, 2017. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions that will be discussed at the 11th Session of the Codex Committee on Contaminants in Food (CCCF) of the Codex Alimentarius Commission (Codex), taking place in Rio de Janeiro, Brazil April 3-7, 2017. The Office of Food Safety and the FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 11th Session of the CCCF and to address items on the agenda.
Revision of the Nutrition Facts Labels for Meat and Poultry; Products and Updating Certain Reference Amounts Customarily Consumed
Consistent with the memorandum of January 20, 2017, to the heads of executive departments and agencies from the Assistant to the President and Chief of Staff entitled ``Regulatory Freeze Pending Review,'' the Department of Agriculture's Food Safety and Inspection Service (FSIS) is extending by 30 days the public comment period for this proposed rule, which was published on January 19, 2017.
Notice of Request for Extension of a Currently Approved Assessment Exemption for Organic Commodities
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (``AMS'') intention to request an extension for the form currently used by marketers to apply for exemption from market promotion assessments under 23 marketing order programs.
Agency Information Collection Activities: Proposed Collection; Comment Request-Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Program Regulations-Reporting and Record-Keeping Burden
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 collection is a revision to a currently approved information collection in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Regulations (7 CFR part 246) for the reporting and record-keeping burdens associated with the WIC Program regulations.
Supplemental Nutrition Assistance Program (SNAP): Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act of 2008; Extension of Effective Dates and Comment Period
Consistent with the memorandum of January 20, 2017, to the heads of executive departments and agencies from the Assistant to the President and Chief of Staff entitled ``Regulatory Freeze Pending Review'', the Department of Agriculture's Food and Nutrition Service (FNS) is extending the effective dates and comment period for this rule, which was published January 6, 2017 and implements provisions of the Food, Conservation and Energy Act of 2008 (FCEA) affecting the eligibility, benefits, certification, and employment and training (E&T) requirements for applicant or participant households in the Supplemental Nutrition Assistance Program (SNAP).
Designation of Product Categories for Federal Procurement
The U.S. Department of Agriculture (USDA) is extending by 30 days the deadline to submit comments on the proposed rule to designate 12 product categories for federal procurement, which was published on January 13, 2017 (82 FR 4206) under the authority of section 9002 of the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill), as amended by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), and further amended by the Agricultural Act of 2014 (the 2014 Farm Bill), 7 U.S.C. 8102. The 60-day comment period in the proposed rule is scheduled to end on March 14, 2017. The extended comment period will now close on April 13, 2017. In this proposed rule, USDA is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 12 sections that will designate the product categories within which biobased products would be afforded procurement preference by Federal agencies and their contractors.
Siskiyou (OR) Resource Advisory Committee
The Siskiyou (OR) Resource Advisory Committee (RAC) will meet in Brookings, Oregon. 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:// www.fs.usda.gov/main/pts/specialprojects/racweb.
Butte County Resource Advisory Committee
The Butte County Resource Advisory Committee (RAC) will meet in Oroville, California. 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:// www.fs.usda.gov/main/pts/specialprojects/racweb.
Land Between The Lakes Advisory Board
The Land Between The Lakes Advisory Board (Board) will meet in Golden Pond, Kentucky. The Board is authorized under Section 450 of the Land Between The Lakes Protection Act of 1998 (Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the Board is to advise the Secretary of Agriculture on the means of promoting public participation for the land and resource management plan for the recreation area; and environmental education. Board information can be found at the following Web site: https:// www.landbetweenthelakes.us/.
Lake Tahoe Basin Federal Advisory Committee
The Lake Tahoe Basin Federal Advisory Committee (LTBFAC) will meet in South Lake Tahoe, California. The Committee is established pursuant to Executive Order 13057, and the Federal Advisory Committee Act of 1972. Additional information concerning the Committee can be found by visiting the Committee's Web site at: https://www.fs.usda.gov/ goto/ltbmu/LTFAC.
Revisions to Inspection Application Requirements
Notice is hereby given that the comment period for the interim rule on revisions to inspection application requirements is extended until March 23, 2017. The rule invited comments on amendments to the inspection requirements for fresh and processed fruits, vegetables, and other products that added an option for electronic inspection application submissions. The rule also updated terminology in the regulations to reflect the use of modern technology in common use by the industry.
Addition of Mandatory Country of Origin Labeling Requirements for Venison
Notice is hereby given that the comment period for the proposed rule published in the Federal Register on January 13, 2017 (82 FR 4198), is extended until April 13, 2017. The proposed rule invited comments on proposed amendments to the Country of Origin Labeling (COOL) regulation to add muscle cuts of venison and ground venison to mandatory COOL requirements.
National Organic Program: Notice of Draft Guidance for Calculating the Percentage of Organic Ingredients in Multi-Ingredient Products; Extension of Comment Period
The Agricultural Marketing Service (AMS) is extending the comment period for the notice of availability of draft guidance that appeared in the Federal Register on December 6, 2016 (81 FR 87902). The draft guidance document is entitled: Calculating the Percentage of Organic Ingredients in Multi-Ingredient Products (NOP 5037). This notice extends the comment period for 60 days from February 6, 2017 to April 7, 2017. The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.
Regulations Under the Perishable Agricultural Commodities Act (PACA): Growers' Trust Protection Eligibility and Clarification of “Written Notification”
Notice is hereby given that the comment period for the proposed rule published in the Federal Register on December 14, 2016 (81 FR 90255), is extended until March 15, 2017. The rule invited comments on proposed amendments to the regulations under the Perishable Agricultural Commodities Act (PACA) that would clarify how growers and other principals may preserve their PACA trust rights. The proposed amendments would also provide guidance on the type of notification required to initiate U.S. Department of Agriculture (USDA) investigations of alleged PACA violations.
Beef Promotion and Research; Reapportionment
Notice is hereby given that the comment period for the proposed rule published in the Federal Register on January 13, 2017 (82 FR 4203), is extended until April 13, 2017. The proposed rule invited comments on proposed adjustments to representation on the Cattlemen's Beef Promotion and Research Board (Board) to reflect recent changes in domestic cattle inventories and levels of imported cattle, beef, and beef products. The proposed adjustment would decrease Board membership from 100 to 99.
National Organic Program (NOP); Sunset 2017 Amendments to the National List
Notice is hereby given that the comment period for the proposed rule published in the Federal Register on January 18, 2017, is extended until April 19, 2017. The rule invited comments on recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) following their October 2015 meeting. The proposed rule would remove eleven substances from the National List of Allowed and Prohibited Substances (National List) for use in organic production and handling.
Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List; Amendments to the Select Agent and Toxin Regulations; Delay of Effective Date
On January 19, 2017, we published a final rule amending the select agent and toxin regulations in several ways, including the addition of provisions to address the inactivation of select agents, provisions addressing biocontainment and biosafety, and clarification of regulatory language concerning security, training, incident response, and records. In this document, we are delaying the effective date of that final rule.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program (SNAP), Store Applications, Forms FNS-252, FNS-252-E, FNS-252-FE, FNS-252-R, FNS-252-2 and FNS-252-C
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection. This is a revision of a currently approved collection in the Supplemental Nutrition Assistance Program and concerns Retail Store Applications (Forms FNS-252; FNS-252-E; FNS-252- FE; FNS-252-R; FNS-252-2; and FNS-252-C).
Preventing Undeclared Allergens: A Strategic Approach To Reducing Recalls
The Food Safety and Inspection Service (FSIS), with participation from the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC), international partners, and academic institutions, is hosting a public meeting to discuss the prevention of undeclared allergens in FSIS-regulated product. Specifically, the meeting will address the continued occurrence of product recalls due to undeclared allergens and best practices for preventing the presence of undeclared allergens in FSIS-regulated products. Topics will focus on FSIS policy and enforcement regarding undeclared allergens, labeling compliance, best practices for prevention, and emerging issues. Industry and interested individuals, organizations, and other stakeholders are invited to participate in the meeting and comment on these topics.
Sweet Cherries Grown in Designated Counties in Washington; Continuance Referendum
This document directs that a referendum be conducted among eligible Washington sweet cherry growers to determine whether they favor continuance of the marketing order regulating the handling of sweet cherries grown in designated counties in Washington.
Milk in California; Recommended Decision and Opportunity To File Written Exceptions on Proposal To Establish a Federal Milk Marketing Order
This Recommended Decision proposes the issuance of a Federal Milk Marketing Order (FMMO) regulating the handling of milk in California. The proposed FMMO incorporates the entire state of California and would adopt the same dairy product classification and pricing provisions used throughout the current FMMO system. The proposed FMMO provides for the recognition of producer quota as administered by the California Department of Food and Agriculture. This proposed rule also announces the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the order.
Plant Pest Regulations; Update of Provisions
We are extending the comment period for our proposed rule that would revise our regulations regarding the movement of plant pests to propose criteria regarding the movement and environmental release of biological control organisms, and to establish regulations to allow the importation and movement in interstate commerce of certain types of plant pests without restriction by granting exceptions from permitting requirements for those pests. The proposal would also revise our regulations regarding the movement of soil. This action will allow interested persons additional time to prepare and submit comments.
Notice of Availability of Proposed Changes to the National Poultry Improvement Plan Program Standards
We are advising the public that proposed changes to the National Poultry Improvement Plan Program Standards are available for review and comment.
Notice of Request for Reinstatement of an Information Collection; Federal Plant Pest and Noxious Weeds Regulations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request the reinstatement of an information collection associated with the Federal plant pest and noxious weeds regulations.
Notice of Request for Revision of a Currently Approved Information Collection (Nutrition Labeling of Major Cuts of Single-Ingredient Raw Meat or Poultry Products and Ground or Chopped Meat and Poultry Products)
In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to request a revision of the approved information collection regarding nutrition labeling of the major cuts of single-ingredient raw meat or poultry products and ground or chopped meat and poultry products. OMB approval will expire on May 31, 2017. Based on the latest available data, FSIS has increased its total annual burden estimate by 2,693 hours, to account for an increase in the number of retail operations making products subject to nutrition labeling requirements.
Notice of Request for Revision of an Approved Information Collection (Advanced Meat Recovery)
In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to request a revision of the approved information collection regarding the regulatory requirements associated with the production of meat from advanced meat recovery systems. The OMB approval will expire on May 31, 2017. Based on a decrease in establishments that use advanced meat recovery systems, FSIS has decreased its total annual burden estimate by 4,050 hours.
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