Department of Agriculture July 2019 – Federal Register Recent Federal Regulation Documents
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Notice of Proposed New Fee Sites; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
The Chequamegon-Nicolet National Forest is proposing new recreation fee sites and increasing fees at 15 of the 45 developed campgrounds. Fees are assessed based on the level of amenities and services provided, cost of operations and maintenance, and market assessment. These fees are proposed and will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance and improvements to the facilities within the recreation areas. An analysis of nearby recreation facilities with similar amenities shows that the proposed fees are reasonable and typical of similar sites in the area.
Federal Lands Recreation Enhancement Act
The Chippewa National Forest is seeking public comments on a proposal that would change recreation fees to enhance campgrounds. Fee changes are being proposed at the Norway Beach Recreation Area, including an $8 amenity fee for those campsites with electricity. Fees are assessed based on the level of amenities and services provided, cost of operations and maintenance, and market assessment. These fees are proposed and will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance and improvements to the facilities within the recreation areas. An analysis of nearby recreation facilities with similar amenities shows that the proposed fees are reasonable and typical of similar sites in the area.
Forest Service
The Ozark-Ouachita Resource Advisory Committee (RAC) will meet in Russellville, Arkansas. 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 website: https://cloudapps-usda- gov.secure.force.com/FSSRS/RAC_Page?id=001t0000002JcwBAAS.
Idaho (Boise, Caribou-Targhee, Salmon-Challis, and Sawtooth National Forests and Curlew National Grassland); Nevada (Humboldt-Toiyabe National Forest); Utah (Ashley, Dixie, Fishlake, Manti-La Sal, and Uinta-Wasatch-Cache National Forests); Wyoming (Bridger-Teton National Forest); and Wyoming/Colorado (Medicine Bow-Routt National Forest and Thunder Basin National Grassland) Amendments to Land Management Plans for Greater Sage-Grouse Conservation
The USDA Forest Service has prepared the Final Environmental Impact Statement (EIS) for the Greater Sage-Grouse Proposed Land Management Plan Amendments (LMPA) and Five Draft Records of Decision (ROD) for National Forests in Idaho, Nevada, Utah, Wyoming, and Wyoming/Colorado. The Final EIS identifies and addresses potential impacts upon the environment of 19 National Forest System (NFS) planning units on 5.4 million acres of potential greater sage-grouse habitats. This notice is to inform the public that a 60-day period is being initiated where individuals or entities with specific concerns on the Greater Sage-Grouse Forest Plan Amendments may file an objection for a Forest Service review prior to the approval of the RODs.
Wrangell-Petersburg Resource Advisory Committee
The Wrangell-Petersburg Resource Advisory Committee (RAC) will meet in Petersburg, Alaska and Wrangell, Alaska. 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 website: https://cloudapps-usda-gov.secure.force.com/FSSRS/ RAC_Page?id=001t0000002JcwHAAS.
Notice of New Fee Sites
The Kisatchie National Forest is proposing to begin charging fees. Funds from the new fees will help the Kisatchie National Forest maintain the sites and boat launches at the level and quality visitors have come to expect. People are invited to comment on these proposed fee changes.
Transportation and Marketing Program; Notice of Extension and Request for Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to seek renewal and extension of its current approval from the Office of Management and Budget to collect information for eight competitive and one non-competitive AMS Grant Programs administered by its Grants Division. Three of these programs were created pursuant to the Agriculture Improvement Act of 2018 (Farm Bill), thereby increasing the number of respondents who are potentially subject to this information collection. However, the reporting requirements should remain the same across all of the grant programs.
Information Collection; Land Exchanges
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with no revision of a currently approved information collection, OMB 0596-0105, Land Exchanges.
Information Collection; Annual Wildfire Summary Report
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, OMB-596-0025; Annual Wildfire Summary Report.
Streamlining Electric Program Procedures
The Rural Utilities Service (RUS or Agency) published a final rule in the Federal Register on July 9, 2019, entitled ``Streamlining Electric Program Procedures,'' to make revisions to several regulations to streamline its procedures for Electric Program borrowers, including its loan application requirements, approval of work plans and load forecasts, use of approved contracts and system design procedures. The Agency found an error in this publication, after the published rule became effective. This document will correct the final regulation.
Agency Information Collection Activities: Proposed Collection; Comment Request-Food Programs Reporting System
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 revision of a currently approved information collection request for the electronic submission of programmatic and financial data through the Food Programs Reporting System (FPRS). The data is currently collected on approved Office of Management and Budget (OMB) forms.
Grain Inspection Advisory Committee Meeting
Pursuant to the Federal Advisory Committee Act, this constitutes notice of the upcoming meeting of the Agricultural Marketing Service (AMS) Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise the AMS on the programs and services delivered under the U.S. Grain Standards Act. 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 Stockyards Administration (GIPSA) as a standalone agency. The grain inspection activities formerly part of GIPSA are now organized under AMS.
Stakeholder Listening Sessions on Heirs' Property
The Farm Service Agency (FSA) is hosting two listening sessions for public input about the heirs' property relending program and heirs' property issues for landowners or farm operators providing proper documentation as the owner of the farm or land in order to obtain a farm number to be eligible for the FSA programs, as required by the Agriculture Improvement Act of 2018 (2018 Farm Bill). FSA is interested in your input and comments in resolving ownership and succession on farmland and undivided interest that has multiple owners. We invite you to participate in the listening session. The listening session is open to the public.
Notice of Funds Availability (NOFA); Market Facilitation Program (MFP) Payments to Producers
MFP provides payments to producers with commodities that have been impacted by trade actions of foreign governments resulting in the loss of exports. This NOFA announces the availability of MFP funds for eligible producers of specified agricultural commodities for 2019 that include certain non-specialty crops, specialty crops, dairy, and livestock as specified in this NOFA. On behalf of the Commodity Credit Corporation (CCC), the Farm Service Agency (FSA) will administer MFP. MFP dairy and livestock payments will be calculated on the eligible production amount multiplied by the participant's share in the commodity multiplied by the MFP payment rate. MFP participants of non- specialty and specialty crops will receive an MFP payment based upon the participant's ownership interest in the 2019 crop that was planted and reported to FSA for the 2019 crop year, including cover crops that are planted for harvest following a prevented planted non-specialty crop. The payment rate used by CCC to issue payments for non-specialty crops will be on a county-by-county basis and reflects the amount of damage incurred in a county by producers of the non-specialty crops from the imposition of tariffs by other countries on U.S. agricultural products. The payment rate for specialty crops will be on a state-by- state basis if sufficient data is available, otherwise payments will be on a national basis. This NOFA also announces the availability of 2018 MFP payments for a limited number of producers who are now eligible for assistance as the result of a provision of the Additional Supplemental Appropriations For Disaster Relief Act, 2019 (2019 Disaster Relief Act).
Trade Mitigation Program
The Commodity Credit Corporation (CCC) is revising the regulations to implement a Trade Mitigation Program (TMP) for producers of 2019 agricultural commodities that have been significantly impacted by trade actions of foreign governments resulting in the loss of exports. As part of TMP, the Market Facilitation Program (MFP) regulation specifies the eligibility requirements, payment calculations, and application procedures. The details for specific commodities and the relevant application start dates will be announced in applicable notices of funds availability (NOFAs). As part of TMP, the Expanded Domestic Commodity Donation Program (EDCDP) regulation specifies disposition of surplus commodities through outlets not currently used in existing Food and Nutrition Service (FNS) programs, the application process, eligibility, and use of grants or cooperative agreements. The details for specific commodities and conditions will be announced in applicable notices of commodity availability (NOCAs). This rule adds new subparts to the TMP regulation to address the 2019 agricultural commodities.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of USDA Farm Service Agency's (FSA) and Rural Development, henceforth collectively known as Rural Development, or individually as Housing and Community Programs, Business and Cooperative Programs, Utility Programs, to request an extension for a currently approved information collection in support of compliance with applicable acts for planning and performing construction and other development work.
Saguache-Upper Rio Grande Resource Advisory Committee
The Saguache Upper Rio Grande Resource Advisory Committee (RAC) will meet in Del Norte, Colorado. 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 website: https:// cloudapps-usda-gov.secure.force.com/FSSRS/ RAC_Page?id=001t00000086exUAAQ.
Westhoff Vertriebsgesellschaft mbH; Availability of Petition for Determination of Nonregulated Status of Petunias Genetically Engineered for Flower Color
We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Westhoff Vertriebsgesellschaft mbH (Westhoff) seeking a determination of nonregulated status of petunias containing the A1 gene of maize (A1-DFR Petunias), which have been genetically engineered to add a new color (orange) and brilliance. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Westhoff petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition.
Pioneer Hi-Bred International, Inc.; Availability of Petition for Determination of Nonregulated Status for Enhanced Grain Yield Potential and Glufosinate-Ammonium Resistant DP202216 Maize
We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Pioneer Hi-Bred International, Inc. (Pioneer) seeking a determination of nonregulated status of a maize event designated as DP202216, which has been genetically engineered for enhanced grain yield potential and glufosinate-ammonium resistance. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Pioneer petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition.
Notice of Request for a New Information Collection: Permit To Transport Undenatured Inedible Meat Products
In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to create a new information collection for permits to transport domestic undenatured inedible meat products. This is a new information collection with an estimated burden of 87 hours.
Information Collection; Role of Communities in Stewardship Contracting Projects
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with revision of a currently approved information collection, Role of Communities in Stewardship Contracting Projects.
Notification of Decision To Authorize the Importation of Fresh Raspberry Fruit From Morocco Into the Continental United States
We are advising the public of our decision to authorize the importation into the continental United States of fresh raspberry fruit from Morocco. Based on the findings of a pest risk analysis, which we made available to the public for review and comment, we have determined that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of raspberries from Morocco.
Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP)
Section 5(a) of the Food and Nutrition Act of 2008, as amended, provides that households in which each member receives benefits under a State program funded under part A of Title IV of the Social Security Act (SSA) (also known as Temporary Assistance for Needy Families (TANF) block grants \1\) shall be categorically eligible for the Supplemental Nutrition Assistance Program (SNAP). Currently, SNAP regulations broadly interpret ``benefits'' to mean cash assistance and non-cash or in-kind benefits or services from any TANF-funded program.\2\ In operation, this has allowed categorical eligibility for SNAP to be conferred on households based on receipt of minimal benefits issued by TANF-funded programs which may not conduct a robust eligibility determination and do not meaningfully move families toward self-sufficiency. The Food and Nutrition Act has clear parameters regarding the income and resource limits that SNAP households must meet, and categorical eligibility is intended to apply only when the conferring program has properly determined eligibility. Extending categorical eligibility to participants who have not been screened for eligibility compromises program integrity and reduces public confidence that benefits are being provided to eligible households.
Agency Information Collection Activities: Proposed Collection; Comment Request-Information Collection for the National School Lunch Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this information collection. This is a revision of a currently approved collection which FNS employs to determine public participation in the National School Lunch Program.
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.
Single Family Housing Guaranteed Loan Program
The Rural Housing Service (RHS or Agency) published a proposed rule on June 20, 2018 to amend the current regulation for the Single- Family Housing Guaranteed Loan Program (SFHGLP) Single Close Combination Construction to Permanent Loans (aka ``single close loans''), and now adopts the proposed changes in this final rule with some modifications. As proposed, the Agency will amend the regulation to ease the financial costs of interim construction financing for non- depository lenders (warehouse line of credit lenders or warehouse lenders) by allowing a temporary interest rate higher than the permanent note rate for interim construction financing, remove the requirement for loan modification or re-amortization once construction is complete, and allow for the reserve of regularly scheduled principal, interest, taxes and insurance (PITI) payments during the construction period. The final rule clarifies that the PITI reserve is an eligible use of single close loan funds. In addition, based on comments received, the Agency will allow single close loans for the rehabilitation of existing dwellings upon their purchase and eliminate maximum interest rate cap requirements for all SFHGLP loans. For clarity and completeness, the final rule also provides a definition of a warehouse lender and updates lender mortgage record retention requirements.
Agency Information Collection Activities: Proposed Collection; Comment Request WIC Nutrition Assessment and Tailoring Study
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 for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Nutrition Assessment and Tailoring Study. This new information collection will provide the U.S. Department of Agriculture, Food and Nutrition Service (FNS) with a comprehensive, detailed description of the WIC nutrition risk assessment process and the ways in which WIC clinics tailor participant benefits to address the results of the assessment. This collection will also identify specific practices or features of the nutrition services process associated with high levels of participant and staff satisfaction, reduced staff burden, and improved Program efficiency.
Notice of Solicitation of Applications for Inviting Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2020
This notice is to invite applications for loans and grants under the Rural Economic Development Loan and Grant (REDLG) Programs for fiscal year (FY) 2020, subject to the availability of funding. This notice is being issued in order to allow applicants sufficient time to leverage financing, prepare and submit their applications, and give the Agency time to process applications within FY 2020. Successful applications will be selected by the Agency for funding and subsequently awarded to the extent that funding may ultimately be made available through appropriations. An announcement on the website at https://www.rd.usda.gov/newsroom/fy2020-appropriated-funding will identify the amount received in the appropriations. All applicants are responsible for any expenses incurred in developing their applications.
Adoption of Another Agency's Final Environmental Impact Statement To Implement the Feral Swine Eradication and Control Pilot Program
NRCS announces its intent to adopt the FEIS, titled ``Feral Swine Damage Management: A National Approach EIS'', prepared by the U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS), under the Environmental Impact Statement (EIS) adoption provisions of the Council on Environmental Quality (CEQ).
Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Live Poultry, Poultry Meat, and Other Poultry Products From Specified Regions
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 regulations for the importation of live poultry, poultry meat, and other poultry products from specified regions.
Recognition of Freedom From Citrus Longhorned Beetle and Asian Longhorned Beetle in Certain European Union Countries
We are notifying the public that we propose to update the U.S. Department of Agriculture Plants for Planting Manual by recognizing 22 European Union Member States as being free from citrus longhorned beetle (CLB) and Asian longhorned beetle (ALB) and removing them from the list of countries where CLB and ALB are present. We would also change the entry conditions in the manual for imports of certain host plant taxa of CLB and ALB from four of these countries (Belgium, Denmark, the Netherlands, and the United Kingdom) because they have previously approved genera exempted from the category of plants Not Authorized Pending Pest Risk Analysis. These changes would relieve certain restrictions on host plants of CLB and ALB from Belgium, Denmark, the Netherlands, and the United Kingdom while continuing to mitigate the risk of introducing quarantine pests into the United States.
Ketchikan Resource Advisory Committee
The Ketchikan Resource Advisory Committee (RAC) will meet in Ketchikan, Alaska. 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 website: https://cloudapps-usda- gov.secure.force.com/FSSRS/RAC_Page?id=001t0000002JcvNAAS.
Olives Grown in California; Increased Assessment Rate
This rule implements a recommendation from the California Olive Committee (Committee) to increase the assessment rate for California olives handled under Marketing Order No. 932. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Removal of U.S. Grade Standards
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that removed seven voluntary U.S. grade standards and one consumer standard for fresh fruits and vegetables from the Code of Federal Regulations (CFR). The removal will save the Agricultural Marketing Service (AMS) resources as the cost of printing the eight standards annually exceeds the benefits of their further inclusion in the CFR.
Almonds Grown in California; Continuance Referendum
This document directs that a referendum be conducted among eligible almond growers to determine whether they favor continuance of the marketing order regulating the handling of almonds grown in California.
Office of Partnerships and Public Engagement; Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers
This notice announces the availability of funds and solicits applications from community-based and non-profit organizations, institutions of higher education, and Tribal entities to compete for financial assistance through the Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers Program (hereinafter referred to as the ``2501 Program''). Individual applicants do not meet the eligibility criteria. Funding is being provided to eligible entities who, in partnership with the Office of Partnerships and Public Engagement (OPPE), will conduct outreach initiatives and training to achieve the overall goal of the 2501 Programto assist socially disadvantaged and veteran farmers and ranchers in owning and operating farms and ranches while increasing their participation in agricultural programs and services provided by the U.S. Department of Agriculture (USDA). This is a non- construction grant.
Boundary Establishment for Whychus Creek National Wild and Scenic River, Deschutes National Forest, Deschutes County, Oregon
In accordance with Section 3(b) of the Wild and Scenic Rivers Act, the USDA, Forest Service, Washington Office, is transmitting the final boundary of the Whychus Creek National Wild and Scenic River to Congress.
Notice of Intent To Request New Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Agriculture's (USDA) intention to request approval for a Field Test for a new information collection for a Second National Household Food Acquisition and Purchase Survey (FoodAPS-2) also called the National Food Study among American households.
Streamlining Electric Program Procedures
On July 9, 2019, the Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), published a final rule that revised several regulations to streamline its procedures for Electric Program borrowers. RUS has determined it is necessary to accelerate the effective date of the final rule.
Regulations and Procedures Under the Plant Variety Protection Act
Comments are invited on proposed revisions to the regulations, fees for services, and procedures established under the Plant Variety Protection Act. The proposed revisions are needed to conform with recent amendments to the Plant Variety Protection Act, which added authority for the Plant Variety Protection Office to issue certificates of protection for varieties of plants that are reproduced asexually. The proposed rule would add references to the term ``asexual reproduction'' to the regulations established under the Act. The proposed rule would also modernize the regulations by simplifying the fee schedule for PVPO services and updating the regulations relating to administrative procedures to reflect current business practices.
Almonds Grown in California; Revisions to the Accepted User Program Requirements and New Information Collection
This proposed rule would implement a recommendation from the Almond Board of California (Board) to revise the almond accepted user program requirements currently prescribed under the Marketing Order for Almonds Grown in California (Order). In addition, this action would prohibit the transfer of inedible material between accepted users. This proposal also announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) of a new information collection and to make a conforming change to an existing form.
Information Collection; Recreation Economy Project
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments on a new information collection request titled, Recreation Economy Project.
Agency Information Collection Activities: Proposed Collection; Comment Request-Food Distribution Programs
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 an extension, without change, of a currently approved collection. This collection allows for Food Distribution Programs, such as the National School Lunch Program (NSLP), the Food Distribution Program on Indian Reservations (FDPIR), the Commodity Supplemental Food Program (CSFP), and The Emergency Food Assistance Program (TEFAP), to run effectively. The information reported and the records kept for purposes of review are used by State and recipient agencies, Indian Tribal Organizations (ITOs), and FNS regional and headquarters offices for the purpose of administering USDA Food Distribution Programs. The programs assist American farmers and needy people by purchasing commodities and delivering them to State agencies and ITOs that, in turn, distribute them to organizations for use in providing food assistance to those in need. The information collected allows State agencies and ITOs to administer programs that align with their local preferences and gives FNS National and Regional offices the ability to ensure programs are complying with program regulations and policies.
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