Department of Agriculture December 2018 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, as amended, the U.S. Department of Agriculture (USDA), Office of the Chief Financial Officer (OCFO), proposes to modify one Privacy Act System of Record titled ``Financial Systems, OCFO-10'' published at 75 FR 6622 (February 10, 2010), to include 4 new routine uses: Support Do Not Pay initiative under the Improper Payments Elimination and Recovery Improvement Act of 2012 (IPERIA); two mandatory routine uses addressing Breach Notification per Office of Management and Budget memoranda M-17-12; and routine use for contractors, grantees, etc., support. This modification will also include incorporating and consolidating General Services Administration (GSA) GSA/PPFM-11 (Pegasys) into OCFO-10, Financial Systems. USDA/OCFO has acquired full ownership and responsibility for the management of the GSA commercial-off-the shelf financial management system named Pegasys in fiscal year 2016. The consolidation of the financial systems will update the following sections within OCFO-10: Purpose, system location, categories of individuals covered by the system, record source categories, and storage. Upon publication of the modified OCFO-10, Financial Systems, GSA will rescind GSA/PPFM-11 (Pegasys) published at 71 FR 60710 (November 27, 2006), modified at 73 FR 22397 (April 25, 2008).
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995, the U.S. Department of Agriculture (USDA) Rural Housing Service (RHS) invites comments on this information collection for Analyzing Credit Needs and Graduation of Borrowers, for which the Agency intends to request approval from the Office of Management and Budget (OMB) will be requested.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995, 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 Review Rating Summary, RUS Form 300 which approval from the Office of Management and Budget (OMB) will be requested.
Codex Alimentarius Commission: Meeting of the Codex Committee on Fats and Oils (CCFO)
The U.S Codex Office is sponsoring a public meeting on January 16, 2019. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 26th Session of the Codex Committee on Fats and Oils (CCFO) of the Codex Alimentarius Commission, in Kuala Lumpur, Malaysia, February 25-March 1, 2019. The U.S. Manager for Codex Alimentarius and the Under Secretary, Office of Trade and Foreign Agricultural Affairs, recognize the importance of providing interested parties the opportunity to obtain background information on the 26th Session of the CCFO and to address items on the agenda.
Notice of Request for Extension of Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Commodity Credit Corporation's (CCC) intention to request an extension from the Office of Management and Budget (OMB) for a currently approved information collection process in support of the Technical Assistance for Specialty Crops (TASC) program.
Notice of Request for Reinstatement of an Information Collection; Prohibited, Restricted, and Controlled Importation of Animal and Poultry Products and By-Products Into the United States
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 prohibited, restricted, and controlled importation of animal and poultry products and by-products into the United States.
Klamath National Forest; California; Crawford Vegetation Management Project
The Klamath National Forest is withdrawing the Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Crawford Vegetation Management Project. The original NOI was published in the Federal Register on January 27, 2014 (79 FR 4323). Upon further evaluation, there are no expected significant impacts to the human environment associated with the project. As a result, the Klamath National Forest is now preparing an environmental assessment (EA). All comments previously received regarding this project will be retained and considered in the development of the EA. If it is determined that the project may have significant impacts, the EIS process will be reinitiated and a NOI will be published.
Final Record of Decisions for the Flathead National Forest Land Management Plan and Forest Plan Amendments for the Kootenai, Helena-Lewis and Clark, and Lolo National Forests
Chip Weber, the Forest Supervisor for the Flathead National Forest, Northern Region, signed the record of decision (ROD) for the Flathead National Forest Land Management Plan (Forest Plan). The responsible officials, William Avey, Forest Supervisor for the Helena- Lewis and Clark National Forest; Chad Benson, Acting Forest Supervisor for the Kootenai National Forest; and Joe Alexander, Acting Forest Supervisor for the Lolo National Forest, signed the ROD for the Northern Continental Divide Ecosystem grizzly bear amendments (Amendments). The final RODs document the rationale for approving the Forest Plan and Amendments and are consistent with the reviewing officers' responses to objections and instructions.
General Administrative Regulations; Interpretations of Statutory Provisions, Policy Provisions, and Procedures
The Federal Crop Insurance Corporation (FCIC) finalizes the General and Administrative Regulation Subpart X- Interpretations of Statutory and Regulatory Provisions (Subpart X) to incorporate interpretations of procedures previously issued and administered in accordance with Manager's Bulletin MGR-05-018, and to provide a mechanism for interpretations of policy provisions that are not codified in the Code of Federal Regulations. The effect of this action is to provide requestors with information on how to request a final agency determination or an interpretation of FCIC procedures within one administrative regulation, and bring consistency and clarity to the processes used and existing provisions.
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances (Crops, Livestock and Handling)
This final rule amends the National List of Allowed and Prohibited Substances (National List) provisions of the U.S. Department of Agriculture's (USDA's) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule changes the use restrictions for seventeen substances allowed for organic production or handling on the National List. This rule also adds sixteen new substances on the National List to be allowed in organic production or handling. In addition, this final rule lists the botanical pesticide, rotenone, as a prohibited substance in organic crop production. This final rule removes ivermectin as an allowed parasiticide for use in organic livestock production and amends our regulations to allow the use of parasiticides in fiber bearing animals. Finally, this rule inserts corrections of instructions and regulation text as listed in the proposed rule.
Removal of Specific Fee Reference
The United States Grain Standards Act (USGSA) provides the Secretary with the authority to charge and collect reasonable fees to cover the costs of performing official services and the costs associated with managing the program. The USDA, on behalf of the Agricultural Marketing Service (AMS), is eliminating the published table of fees in the Code of Federal Regulations (CFR). Notice of changes to Schedule A Fees will be published in the Federal Register and AMS will make the fee schedule available on the Agency's public website.
National Wildlife Services Advisory Committee; Intent to Reestablish
Pursuant to the Federal Advisory Committee Act, we are giving notice that the Secretary of Agriculture intends to reestablish the National Wildlife Services Advisory Committee for a 2-year period. The Secretary has determined that the Committee is necessary and in the public interest.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Tomatoes From Certain Central American Countries
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 tomatoes from Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama.
Kiwifruit Grown California; Decreased Assessment Rate
This rule implements a recommendation from the Kiwifruit Administrative Committee (Committee) to decrease the assessment rate established for the 2018-2019 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Lacey Act Declaration Requirement; Plants and Plant Products
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 required by the Lacey Act for the importation of certain plants and plant products.
Notice of Request for Approval of an Information Collection; Volunteer Service Agreements and Volunteer Service Time and Attendance Record
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection associated with volunteer service agreements and volunteer service time and attendance record.
Notice of Funds Availability (NOFA); Market Facilitation Program (MFP) Payments to Producers
MFP provides payments to producers with commodities that have been significantly impacted by actions of foreign governments resulting in the loss of traditional exports. This NOFA announces the new payment rates for selected commodities. On behalf of the Commodity Credit Corporation (CCC), the Farm Service Agency (FSA) administers MFP. MFP participants will receive an MFP payment, calculated based on the eligible production multiplied by the participant's share multiplied by the MFP payment rate.
National Bioengineered Food Disclosure Standard
This rule establishes the new national mandatory bioengineered (BE) food disclosure standard (NBFDS or Standard). The new Standard requires food manufacturers, importers, and other entities that label foods for retail sale to disclose information about BE food and BE food ingredients. This rule is intended to provide a mandatory uniform national standard for disclosure of information to consumers about the BE status of foods. Establishment and implementation of the new Standard is required by an amendment to the Agricultural Marketing Act of 1946.
2019 Rate Changes for the Basetime, Overtime, Holiday, and Laboratory Services Rates
The Food Safety and Inspection Service (FSIS) is announcing the 2019 rates it will charge meat and poultry establishments, egg products plants, and importers and exporters for providing voluntary, overtime, and holiday inspection and identification, certification, and laboratory services. The 2019 basetime, overtime, holiday, and laboratory services rates will be applied on the first FSIS pay period approximately 30 days after the publication of this notice, which begins on January 20, 2019.
General Conference Committee of the National Poultry Improvement Plan
We are giving notice that the Secretary of Agriculture has renewed the charter of the General Conference Committee of the National Poultry Improvement Plan (Committee) for a 2-year period. The Secretary of Agriculture has determined that the Committee is necessary and in the public interest.
Agency Information Collection Activities: Proposed Collection; Comment Request-Generic Clearance To Conduct Formative Research or Development of Nutrition Education and Promotion Materials and Related Tools and Grants for FNS Population Groups
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other interested parties to comment on a proposed information collection. This collection is an extension of a currently approved collection. This information collection will conduct research in support of FNS' goal of delivering science-based nutrition education to targeted audiences. This information collection will also conduct research that will assist FNS in identifying effective design and implementation approaches to use to develop and assess grants. From development through testing of materials and tools with the target audience, FNS plans to conduct data collections that involve formative research including focus groups, interviews (dyad, triad, telephone, etc.), surveys and Web-based collection tools.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, as amended, the U.S. Department of Agriculture (USDA) proposes to modify a system of records, USDA/OCRE-1, which will be renamed USDA/OASCR-1, Civil Rights Enterprise System (CRES). The Office of the Assistant Secretary for Civil Rights (OASCR) maintains CRES, which contains program discrimination complaints, alleging unlawful discrimination arising within programs or activities conducted or assisted by USDA. Records relating to Equal Employment Opportunity (EEO) complaints alleging unlawful discrimination against USDA employees or applications for employment are maintained in CRES also; however, those records are covered by EEOC/GOVT-1, EEO in the Federal Government Complaint and Appeal Records. The revised notice also conveys updates to the system location, categories of records, routine uses (one of which permits records to be provided to the National Archives and Records Administration), storage, safeguards, retention and disposal, system manager and address, notification procedures, records access, and contesting procedures.
Information Collection Activity; Notice of Request for Extension of Currently Approved Information Collection
In accordance with the Paperwork Reduction Act, the United States Department of Agriculture (USDA) Rural Development administers rural utilities programs through the Rural Utilities Service (RUS). RUS invites comments on the following information collection for which the Agency intends to request approval from the Office of Management and Budget (OMB).
Notice of Request for Extension of Currently Approved Information Collection
In accordance with the Paperwork Reduction Act, the Rural Utilities Service (RUS) invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested.
Notice of New Fee Site; Federal Lands Recreation Enhancement Act
The Ozark-St. Francis National Forests in Arkansas, will be implementing new fees at Richland Creek Campground at $10 per night for a single site or $20 per night for a double site. This site has had additional amenities added to improve services and experiences that include new grills, tables, lantern poles, tent pads, parking spaces, new toilet, water system upgrades and trashcans. In addition, most sites are now fully accessible for wheelchairs. Fees are assessed based on the level of amenities and services provided, cost of operation and maintenance, market assessment and public comment. Funds from fees will be used for the continued operation and maintenance as well as improvements to the facilities within the campground.
Section 538 Guaranteed Rural Rental Housing Program Notice of Funding Availability Elimination
The Rural Housing Service (RHS or Agency) is amending its regulation to eliminate the requirement for the annual publication of Notice of Funding Availability (NOFA). Additionally, RHS will remove all references to the term NOFA in other various sections. The intended effect of this action is to allow the Agency to accept and start processing applications in a more fluid manner.
Branding Requirements for Bovines Imported Into the United States From Mexico
We are amending 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. These changes will help prevent inconsistencies in branding that can result in bovines being rejected for import into the United States.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Proposed Amendments to Marketing Order 956 and Referendum Order
This document proposes amendments to Marketing Order No. 956, which regulates the handling of sweet onions grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon. The Walla Walla Sweet Onion Marketing Committee (Committee) recommended changing the Committee's size, quorum, and voting requirements. The Committee also recommended changing the term of office and staggered term limits so that the term of office for producers and handlers would be two fiscal periods instead of three fiscal periods, and one-half instead of one- third of the producer and handler member terms would expire every year.
Designation for the Georgia Area Consisting of the Entire State of Georgia
The Agricultural Marketing Service (AMS) is announcing the designation of D.R. Schaal Agency, Inc. (Schaal) 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 Stockyards Administration (GIPSA) as a standalone agency. The grain inspection activities formerly part of GIPSA are now organized under AMS.
Meeting of the Fruit and Vegetable Industry Advisory Committee
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the Fruit and Vegetable Industry Advisory Committee (Committee). The meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and provide recommendations and ideas to the Secretary of Agriculture on how the U.S. Department of Agriculture (USDA) can tailor programs and services to better meet the needs of the U.S. produce industry.
Pears Grown in Oregon and Washington; Change in Committee Structure for Processed Pears
This proposed rule invites comments on a recommendation from the Processed Pear Committee (Committee) to change the Committee's membership structure. This action would remove the second alternate member position from the Committee structure, leaving ten member positions and one alternate position for each respective member.
Solicitation of Nominations for Members of the USDA Grain Inspection Advisory Committee
The Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking nominations for individuals to serve on the USDA Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise AMS on the programs and services it delivers under the U.S. Grain Standards Act (USGSA). Recommendations by the Advisory Committee help AMS better meet the needs of its customers who operate in a dynamic and changing marketplace. 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.
Changes to the National Poultry Improvement Plan Program Standards
We are updating the National Poultry Improvement Plan (NPIP) Program Standards. In a previous notice, we made available to the public for review and comment proposed changes to the NPIP Program Standards pertaining to the compartmentalization of primary poultry breeding establishments and approval of compartment components such as farms, feedmills, hatcheries, and egg depots. These changes will be added to the NPIP Program Standards.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Guava Fruit From Taiwan Into the Continental United States
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh guava fruit from Taiwan into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh guava fruit from Taiwan. We are making the pest risk analysis available to the public for review and comment.
Broadband Pilot Program
The Rural Utilities Service (RUS) announces its general policy and application procedures for funding under the broadband pilot program established pursuant to the Consolidated Appropriations Act, 2018 which provides loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas. In facilitating the expansion of broadband services and infrastructure, the pilot will fuel long-term rural economic development and opportunities in rural America. One of those opportunities is precision agriculture. The use of this technology requires a robust broadband connection. The awards made under this program will bring high speed broadband to the farms which will allow them to increase productivity. Please note that the application process is designed so that an applicant must demonstrate financial and technical feasibility of the project and the entire operation of the applicant. Applicants that do not demonstrate financial or technical feasibility will not be considered for an award.
Notice of Proposed New Fee Site; Federal Lands Recreation Enhancement Act
The Helena-Lewis & Clark National Forest is proposing to implement a new fee at the newly acquired AT&T cabin with a proposed fee of $45 per night. This fee is only proposed and will be determined upon further analysis and public comment.
Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (PRA), this notice announces AMS's intention to request that the Office of Management and Budget (OMB) approve a 3-year extension and revision to a currently approved information collection; a voluntary customer survey concerning the delivery of official inspection, grading, and weighing services authorized under the United States Grain Standards Act (USGSA) and the Agricultural Marketing Act of 1946 (AMA). OMB approved this information collection as OMB 0580-0018 under Grain Inspection, Packers and Stockyards (GIPSA). Due to the realignment of offices authorized by the Secretary's memorandum dated November 14, 2017, which eliminated the GIPSA as a standalone agency, the grain inspection activities formerly part of GIPSA are now under the Agricultural Marketing Service (AMS) and assigned a new OMB control number of 0581-0310. This voluntary survey gives customers who are primarily in the grain, oilseed, rice, lentil, dry pea, edible bean, and related agricultural commodity markets an opportunity to provide feedback on the quality of services they receive and provides AMS with information on new services that customers wish to receive. Customer feedback assists Federal Grain Inspection Service (FGIS) with enhancing the value of services and service delivery provided by the official inspection, grading, and weighing system.
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