Department of Agriculture April 2018 – Federal Register Recent Federal Regulation Documents

This proposed rule invites comments on a proposed amendment to Marketing Order No. 929, which regulates the handling of cranberries grown in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York. The Cranberry Marketing Committee (Committee), recommended adding authority to accept contributions from domestic sources. Contributed funds would be used solely for research and development activities authorized under the marketing order and would be free from any encumbrances as to their usage by the donor.

We are extending the comment period for our notice of availability of a revised version of the Chronic Wasting Disease Herd Certification Program Standards. This action will allow interested persons additional time to prepare and submit comments.

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

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to adjust the non-response follow-up methodology for the 2017 Census of Agriculture.

The U.S. Department of Agriculture (USDA) and the U.S. Department of State will host for the U.S. government the 2018 Food and Agricultural Organization of the United Nations (FAO) Informal North American Regional Conference (INARC).

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 clementines from Spain.

This Notice announces the solicitation of applications for up to $5 Million of available funding under the Repowering Assistance Program to encourage the use of renewable biomass as a replacement fuel source for fossil fuels used to provide process heat or power in the operation of eligible biorefineries. To be eligible for payments, biorefineries must have been in existence on or before June 18, 2008.

We are proposing to amend the regulations that allow the importation of peppers from the Republic of Korea to increase the mesh size of the screening over vent openings from 0.6 mm to 1.6 mm, and to require the use of colored sticky traps as an additional measure for pest monitoring. We have determined that, when used alongside other mitigations in the regulations, there is no additional pest risk related to the change in mesh size. This action would modify the conditions under which peppers from the Republic of Korea may be imported into the continental United States while continuing to protect against the introduction of quarantine pests.

In a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The 2018 Requirements were scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). The departments and agencies listed in this document have also published an interim final rule delaying the effective date and general compliance date for the 2018 Requirements for six months, to cover the time period of January 19, 2018 until July 19, 2018. As per the interim final rule, the effective date of the 2018 Requirements is now July 19, 2018. The departments and agencies listed in this document propose delaying the general compliance date for the 2018 Requirements for an additional six months, for the time period of July 19, 2018 until January 21, 2019. This proposed rule is intended to provide additional time to regulated entities for the preparations necessary to implement the 2018 Requirements. This proposed rule, if finalized, would require regulated entities to continue to comply with the requirements of the current Federal Policy for the Protection of Human Subjects (hereafter the ``pre-2018 Requirements'') until January 21, 2019. This proposal also takes comment on whether to permit institutions to implement, for certain research studies, the following provisions in the 2018 Requirements during the period from July 19, 2018, until January 21, 2019, that the general compliance date is delayed. Those three provisions, intended to reduce burdens on regulated entities, are the 2018 Requirements' definition of ``research,'' which deems certain activities not to be research, the allowance for no annual continuing review of certain categories of research, and the elimination of the requirement that institutional review boards (IRBs) review grant applications related to the research. The way that this option is proposed, regulated entities would be required to comply with all pre- 2018 Requirements during the period that the general compliance date is delayed, except for provisions substituted by the three burden-reducing provisions of the 2018 Requirements. As described in section III, below, this flexibility is proposed only for studies for which an institution makes a choice to transition to comply with the 2018 Requirements, beginning on July 19, 2018. In order to clearly describe this proposed flexibility, including how it would impact institutions choosing to transition research to comply with the 2018 Requirements, this document proposes a redrafted transition provision.

AMS is announcing the designations of Grain Inspection, Inc. (Jamestown); Lincoln Grain Inspection Service, Inc. (Lincoln); and Midsouth Grain Inspection Service (Midsouth) to provide official services under the United States Grain Standards Act (USGSA), as amended. The realignment of offices within the U.S. Department of Agriculture authorized by the Secretary's Memorandum dated November 14, 2017, eliminates the Grain Inspection, Packers and Stockyard Administration (GIPSA) as a standalone agency. The grain inspection activities formerly part of GIPSA are now organized under AMS.

This document contains necessary amendments to apply a technical correction to the final rule with request for comments for the Cultivated Clam Crop Insurance Provisions which published in the Federal Register on December 27, 2017.

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Koppert B.V. of The Netherlands, an exclusive license to U.S. Patent Application Serial No. 14/854,120, ``STABLE FUNGAL BLASTOSPORES AND METHODS FOR THEIR PRODUCTION, STABILIZATION AND USE'', filed on September 15, 2015.

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), notice is hereby given of an administrative settlement with W.R. Grace & Co. Conn. and the Kootenai Development Company (Grace) for the recovery of past response costs concerning Operable Unit 3 (OU3) of the Libby Asbestos Site, Lincoln County, Montana (the Site).

The Agricultural Marketing Service (AMS) published a proposed rule in the Federal Register on January 18, 2018, which describes 35 amendments to the National List of Allowed and Prohibited Substances (Crops, Livestock and Handling). The public comment period closed on March 19, 2018. This document reopens the comment period on the proposed rule for an additional 30 days. Multiple stakeholders requested that AMS extend the comment period to provide more time to develop comments on the proposed rule.

We are proposing to amend the regulations regarding the branding of bovines imported into the United States from Mexico. We are taking this action at the request of the Government of Mexico to address issues that have arisen with the branding requirement for these bovines. The changes we are proposing would help prevent inconsistencies in branding that can result in bovines being rejected for import into the United States.

We are amending the regulations concerning communicable diseases of livestock and poultry, interstate transportation and importation of animals (including poultry) and animal products, and permits for biological products to remove references to the animal disease rinderpest. This action reflects recognition by the Animal and Plant Health Inspection Service that rinderpest has been eradicated worldwide, and removes restrictions that are no longer necessary due to eradication of the disease. This action better aligns our regulations with World Organization for Animal Health guidelines for international trade as they pertain to rinderpest.

The purpose of this notice is to ensure that all persons and entities interested in Forest Service activities are aware of the Bureau of Land Management's (BLM) January 16, 2018 Notice of Intent (NOI) to prepare an environmental impact statement (EIS) (83 FR 2181). The BLM is preparing Monument Management Plans (MMPs) for the Indian Creek Unit and the Shash J[aacute]a Unit of the Bears Ears National Monument. The Shash J[aacute]a Unit includes National Forest System lands, under management and decision-making authority of the Forest Service and managed under the land management plan for the Manti-La Sal National Forest (Forest Plan). The Forest Service and BLM will jointly prepare the MMP for the Shash J[aacute]a Unit. The BLM will prepare a single EIS to satisfy the National Environmental Policy Act (NEPA) requirements for the planning process for both units. The BLM is the lead agency for the preparation of the EIS, and the Forest Service is participating as a cooperating agency. The Forest Service intends to use the BLM's EIS to make its decision for the part of the Shash J[aacute]a Unit MMP it administers. That decision may include approving a Forest Plan amendment, if analysis leads the Forest Service to conclude that an amendment is necessary or appropriate. In the event that the Forest Service determines that it intends to amend the Forest Plan, this notice also identifies the Forest Service planning rule provisions likely to be directly related and, therefore, applicable to the Forest Plan amendment. The notice also identifies the applicable administrative review process for the Forest Plan amendment.

We are proposing to amend the regulations governing the National Poultry Improvement Plan (NPIP) by updating and clarifying several provisions, including those concerning NPIP participation, voting requirements, testing procedures, and standards. These proposed changes were voted on and approved by the voting delegates at the NPIP's 2016 National Plan Conference.

We are amending the fruits and vegetables regulations to list lemon (Citrus limon (L.) Burm. f.) from Chile as eligible for importation into the continental United States subject to a systems approach. Under this systems approach, the fruit will have to be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit will have to undergo pre-harvest sampling at the registered production site under the direction of Chile's national plant protection organization. Following post-harvest processing, the fruit will have to be inspected in Chile at an APHIS-approved inspection site. Each consignment of fruit will have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of B. chilensis based on field and packinghouse inspections. This final rule will allow for the safe importation of lemons from Chile using mitigation measures other than fumigation with methyl bromide.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations, this notice announces the National Agricultural Library's (NAL) intent to request an extension of currently approved information collection form related to the Animal Welfare Information Center's (AWIC) workshop, Meeting the Information Requirements of the Animal Welfare Act. This workshop registration form requests the following information from participants: contact information, current profession and professional experience, affiliation, basic demographic information, and database searching experience. Participants include principal investigators, members of Institutional Animal Care and Use Committees, animal care technicians, facility managers, veterinarians, and administrators of animal use programs.

This proposed rule invites comments on amending the Agricultural Marketing Service's (AMS) regulations regarding a fresh mango national research and promotion program to include frozen mangos as a covered commodity. Additionally, this proposal announces AMS' intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements necessary to include frozen mangos under the program.