Department of Agriculture October 2019 – Federal Register Recent Federal Regulation Documents
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Johns Creek Watershed Dam No. 1, Craig County, Virginia
NRCS gives notice that an environmental impact statement is not being prepared for the rehabilitation of Johns Creek Watershed Dam No. 1, Craig County, Virginia and Finding of No Significant Impact.
Establishment of a Domestic Hemp Production Program
This rule establishes a new part specifying the rules and regulations to produce hemp. This action is mandated by the Agriculture Improvement Act of 2018, which amended the Agricultural Marketing Act of 1946. This rule outlines provisions for the Department of Agriculture (USDA) to approve plans submitted by States and Indian Tribes for the domestic production of hemp. It also establishes a Federal plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plan. The program includes provisions for maintaining information on the land where hemp is produced, testing the levels of delta-9 tetrahydrocannabinol, disposing of plants not meeting necessary requirements, licensing requirements, and ensuring compliance with the requirements of the new part.
Missouri River Resource Advisory Committee
The Missouri River Resource Advisory Committee (RAC) will meet in Helena, Montana. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following website: https://www.fs.usda.gov/hlcnf.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the United States Department of Agriculture's Rural Utilities Service (RUS), invites comments on this information collection for which the Agency intends to request approval from the Office of Management and Budget (OMB).
Changes to the Salmonella Verification Testing Program: Proposed Performance Standards for Salmonella in Raw Ground Beef and Beef Manufacturing Trimmings and Related Agency Verification Procedures
The Food Safety and Inspection Service (FSIS) is announcing and requesting comment on new pathogen reduction performance standards for Salmonella in raw ground beef and beef manufacturing trimmings. The Agency is also announcing how it plans to assess whether establishments producing raw ground beef and/or beef manufacturing trimmings are effectively addressing Salmonella, using a 52-week moving window of FSIS sampling results and other related verification activities. Approximately one year (52 weeks) after the new standards are made final, the Agency plans to post individual establishment performance as either ``meeting'' or ``not meeting'' the pathogen reduction performance standard on the FSIS website, based on the most recent 48 Salmonella sample results. Finally, FSIS is also announcing that it intends to increase Salmonella sampling to once per week in beef establishments that produce greater than 50,000 pounds of raw ground beef and beef manufacturing trimmings per day, so that a sufficient number of Salmonella samples (i.e., 48) are collected to assess these establishments' performance against the new Salmonella performance standards. Note that FSIS will continue to analyze these beef manufacturing trimmings samples for Escherichia coli O517:H7 and applicable non-O157 Shiga-toxin producing E. coli (STEC); FSIS will continue to analyze these ground beef samples for E. coli O157:H7. Although unlikely with this change, if fewer than 48 samples are collected or analyzed in a 52-week window at an establishment, its status would be reported as ``N/A,'' provided the establishment has two or fewer Salmonella positives in that window. FSIS will consider comments received on this notice before announcing the final performance standards in the Federal Register and assessing whether establishments meet them.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Introduction of Organisms and Products Altered or Produced Through Genetic Engineering
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 introduction of organisms and products altered or produced through genetic engineering.
Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy
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 Ecuador and Serbia. The OIE recognizes Ecuador as being of controlled risk for BSE and Serbia 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.
Advisory Committee on Beginning Farmers and Ranchers
Pursuant to the Federal Advisory Committee Act (FACA) and rules and regulations of the USDA, the Office of Partnership and Public Engagement (OPPE) announces a meeting of the Advisory Committee on Beginning Farmers and Ranchers (ACBFR). The purpose of the ACBFR meeting is to deliberate upon matters concerning beginning farmers and ranchers that provide advice and recommendations through OPPE for the Secretary. The most up-to-date agenda details and documents will be made available to the public before and after the meeting at: https:// www.outreach.usda.gov/committees/ACBFR.htm.
Revision of the Land Management Plan for Inyo National Forest
Tammy Randall-Parker, the Forest Supervisor for Inyo National Forest, Pacific Southwest Region, has signed the Record of Decision (ROD) for the revised Inyo National Forest Land Management Plan. The final ROD documents the rationale for approving the revised Land Management Plan and is consistent with the Reviewing Officer's response to objections and instructions.
Notice of Request for Extension and 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 request approval, from the Office of Management and Budget, for an extension of and revision to the currently approved information collection for report forms under the Federal milk marketing order program.
Grapes Grown in Designated Area of Southeastern California and Imported Table Grapes; Removing Varietal Exemptions; Withdrawal
The U.S. Department of Agriculture withdraws a proposed rule recommended by the California Desert Grape Administrative Committee (Committee) to remove varietal exemptions from the California table grape marketing order and the table grape import regulation as well as to remove administrative exemptions previously granted for certain varieties of imported grapes. After reviewing and considering the comments received, the proposed rule is being withdrawn.
Agency Information Collection Activities: Supplemental Nutrition Assistance Program: State Agency Options for Standard Utility Allowances and Self-Employment Income
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 of a currently approved collection. This information collection addresses the State agency reporting burden associated with the following State agency options under the Supplemental Nutrition Assistance Program (SNAP): Establishing and reviewing standard utility allowances (SUAs) and establishing methodology for offsetting cost of producing self-employment income.
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 and Office of Management and Budget Circular No. A-108, the U.S. Department of Agriculture (USDA) gives notice that a component agency, the Animal and Plant Health Inspection Service (APHIS), proposes to modify an existing system of records notice titled Veterinary ServicesAnimal Welfare, USDA/APHIS-8. Among other changes, the system will be renamed Animal Welfare Act and Horse Protection Act, USDA/APHIS-8.
Information Collection Request; Application for Payment of Amounts Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent
In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are requesting comments from all interested individuals and organizations on a revision and an extension of a currently approved information collection. CCC and FSA use the information to determine whether representatives or survivors of a producer are entitled to receive payments earned by a producer who dies, disappears, or is declared incompetent before receiving payments or other disbursements.
Notice of Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
The Natural Resources Conservation Service (NRCS) is giving this notice that it intends to issue a series of revised conservation practice standards in the National Handbook of Conservation Practices (NHCP), and NRCS is also giving the public an opportunity to provide comments on specified practice conservation standards in NHCP.
Reorganization and Transfer of Regulations; Correction
The Agricultural Marketing Service is making correcting amendments pertaining to a final rule that appeared in the Federal Register on August 30, 2019. The final rule transferred certain regulations under the Farm Service Agency (FSA) and the Grain Inspection, Packers and Stockyards Administration (GIPSA) to the Agricultural Marketing Service (AMS) to reflect changes in the organizational structure and delegated authorities within the United States Department of Agriculture (USDA). The final rule also made corresponding revisions to the regulations to reflect the organizational changes.
Central Electric Power Cooperative, Inc.: Extension of Comment Period for an Environmental Impact Statement
The Rural Utilities Service (RUS), a Rural Development agency of the U.S. Department of Agriculture (USDA), has issued a Supplemental Draft Environmental Impact Statement (Supplemental Draft EIS) for Central Electric Power Cooperative's (Central Electric) proposed McClellanville Area 115-kV Transmission Project (Project) in South Carolina. In this document, RUS analyzes the environmental impacts associated with an anticipated decision request to approve or deny funding for Central Electric's proposed Project. The Supplement Draft EIS was prepared to address substantial changes to the proposed action and assesses new circumstances and information relevant to potential environmental impacts originally evaluated in the Draft Environmental Impact Statement (Draft EIS). RUS published a Notice of Intent and Availability on August 30, 2019, that provided a 60-day comment period, ending on the date announced in the U.S. Environmental Protection Agency's (USEPA) EIS receipt notice on October 22, 2019. RUS is extending the public comment period for the Draft EIS by an additional 30 days to November 21, 2019.
Cardinal-Hickory Creek 345-kv Transmission Line Project
Notice is hereby given that the Rural Utilities Service (RUS) has prepared a Final Environmental Impact Statement (EIS) to meet its responsibilities under the National Environmental Policy Act (NEPA) and the Code of Federal Regulations related to providing financial assistance to Dairyland Power Cooperative (DPC) for its share in the construction of a proposed 345-kilovolt (kV) transmission line and associated infrastructure connecting the Hickory Creek Substation in Dubuque County, Iowa, with the Cardinal Substation in the Town of Middle, Wisconsin (near Madison, Wisconsin). The Project also includes a new intermediate 345/138-kV substation near the Village of Montfort in either Grant County or Iowa County, Wisconsin. The total length of the 345-kV transmission lines associated with the proposed project will be approximately 100 to 125 miles, depending on the final route. DPC, along with the two other project participant utilities, American Transmission Company LLC, and ITC Midwest LLC (together the Utilities) have identified proposed and alternate segments and locations for transmission lines and associated facilities and for the intermediate substation. DPC is requesting RUS to provide financing for its portion of the proposed project.
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances per April 2018 NOSB Recommendations (Crops and Handling)
This final rule amends the National List of Allowed and Prohibited Substances (National List) section of the United States 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 adds elemental sulfur for use as a molluscicide in organic crop production, adds polyoxin D zinc salt to control fungal diseases in organic crop production, and reclassifies magnesium chloride from an allowed synthetic to an allowed nonsynthetic ingredient in organic handling.
Revision of the Land Management Plan for the Colville National Forest
Glenn Casamassa, Regional Forester, Pacific Northwest Region, has signed the final Record of Decision (ROD) for the revised Colville National Forest Land Management Plan (revised land management plan). The final ROD documents the rationale for approving the revised land management plan and is consistent with the Reviewing Officer's instructions on objections.
Fruit and Vegetable Industry Advisory Committee (FVIAC): Notice of Intent To Renew Charter and Call for Nominations
This notice announces the following: The U.S. Department of Agriculture's (USDA) intent to renew the Charter of the Fruit and Vegetable Industry Advisory Committee (FVIAC); the solicitation of nominations for membership to fill three known vacancies on the FVIAC for appointment in 2020; and the solicitation of nominations for a pool of candidates to fill future unexpected vacancies in any of the position categories should that occur. FVIAC is seeking members who represent the fruit and vegetable industry including growers, shippers, wholesalers/distributors, brokers, retailers/restaurant representatives, state agencies, state departments of agriculture, foodservice suppliers, and fresh-cut and other fruit and vegetable processors. It should also include representatives of farmers markets and food hubs, organic and non- organic fruit and vegetable representatives, farmer organizations, and produce trade associations. Please note that federally registered lobbyists cannot be considered for USDA advisory committee membership. Members can only serve on one USDA advisory committee at a time. All nominees will undergo a USDA background check. The following must be submitted to nominate yourself or someone else to the FVIAC: A resume (required), a USDA Advisory Committee Membership Background Information Form AD-755available online at https://www.ocio.usda.gov/document/ad-755 (required), a cover letter (required), and a list of endorsements or letters of recommendation (optional). The resume or curriculum vitae must be limited to five one- sided pages and should include a summary of the following information: Current and past organization affiliations; areas of expertise; education; career positions held; and any other notable positions held. For submissions received that are more than five one-sided pages in length, only the first five pages will be reviewed.
Departmental Freedom of Information Act Regulations
This rule revises the U.S. Department of Agriculture (``USDA or the Department'') Freedom of Information Act (``FOIA'') regulations. The revisions clarify and update procedures for requesting information from USDA, as well as procedures that USDA follows in responding to requests from the public. The revisions also incorporate clarifications and updates resulting from changes to the FOIA and case law.
Notice of Intent To Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Forest Service, intends to grant to East 30 Sensors, 1601 Kitzmiller Rd., Pullman, WA 99163, an exclusive license to U.S. Patent Application No. 16/120,783, ``HIGH TEMPERATURE SOIL PROBE'', filed on September 04, 2018.
Notice of Intent To Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Forest Service, intends to grant to East 30 Sensors, 1601 Kitzmiller Rd., Pullman, WA 99163, an exclusive license to U.S. Patent No. 10,282,955, ``FOREST FIRE FUEL HEAT TRANSFER SENSOR'', issued on May 7, 2019.
Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP); Reopening of Comment Period
The Food and Nutrition Service (FNS, or the Agency) proposed to make changes to the Supplemental Nutrition Asisstance Program (SNAP) regulations to refine categorical eligibility requirements based on receipt of Temporary Assistance for Needy Families (TANF) benefits. To aid the public's review of the rulemaking, FNS is providing an informational analysis regarding the potential impacts on participants in the National School Lunch Program and School Breakfast Program. The agency is extending the comment period to provide the public an opportunity to review and provide comment on this document as part of the rulemaking record. Comments that do not pertain to the issues referenced in this additional document are not germane to the extended comment period and will not be accepted.
National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances per October 2018 NOSB Recommendations (Crops and Handling)
This proposed rule would amend the National List of Allowed and Prohibited Substances (National List) section of the United States 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 proposes to add blood meal, made with sodium citrate, to the National List as a soil fertilizer in organic crop production; add natamycin to the National List to prohibit its use in organic crop production; and add tamarind seed gum as a non-organic agricultural substance for use in organic handling when organic forms of tamarind seed gum are not commercially available.
Adoption of Another Agency's Final Environmental Impact Statement To Implement the Feral Swine Eradication and Control Pilot Program
NRCS announces the availability of the agency's Record of Decision (ROD) to adopt the Final Environmental Impact Statement (FEIS), ``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).
Decision To Authorize the Importation of Fresh Guava From Taiwan Into the Continental United States
We are advising the public of our decision to authorize the importation of fresh guava fruit from Taiwan into the continental United States. Based on the findings of the pest risk analysis, which we made available to the public to review and comment through a previous notice, we have concluded 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 fresh guava fruit from Taiwan.
Notice of Determination of the Foot-and-Mouth Disease Status of Singapore
We are advising the public of our determination to recognize Singapore as being free of foot-and-mouth disease (FMD). Based on our evaluation of the FMD status of Singapore, which we made available to the public for review and comment through a previous notice, the Administrator has determined that Singapore is free of FMD.
Notice of a Determination Regarding the Fever Tick Status of the State of Baja California, Mexico
We are advising the public that we have determined that the State of Baja California, Mexico is free from Rhipicephalus (formerly Boophilus) spp. ticks, known as fever ticks. The evaluation determined that this region is free from fever ticks and that ruminants imported from the area pose a low risk of exposing ruminants within the United States.
Special Areas; Roadless Area Conservation; National Forest System Lands in Alaska
The United States Department of Agriculture (USDA) is proposing to exempt the Tongass National Forest from the 2001 Roadless Area Conservation Rule, which prohibits tree harvest and road construction/reconstruction within inventoried roadless areas with certain limited exceptions. In addition, the proposed rule would provide an administrative procedure for correcting and modifying inventoried roadless area boundaries on the Chugach National Forest. The USDA invites written comments on the proposed rule and the draft environmental impact statement (DEIS). The proposed rule would not directly authorize any ground-disturbing activities. Substantive comments received during the comment period will be considered in developing the final rule and final environmental impact statement (FEIS). The final rule will be published in the Federal Register.
Rural Business-Cooperative Service
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBCS) intention to request an extension for a currently approved information collection in support of the program for 7 CFR part 4290, subpart A, Rural Business Investment Companies Program.
National Organic Program: Request for an Extension 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 request approval from the Office of Management and Budget, for an extension of the currently approved information collection National Organic Program (NOP) Reporting and Recordkeeping Requirements.
Inviting Applications for Agriculture Innovation Demonstration Center Grants
This Notice announces that the Rural Business-Cooperative Service (Agency) is accepting fiscal year (FY) 2019 applications for the Agriculture Innovation Demonstration Center (AIC) program. In FY 2019, the program has $3,500,000 available for funding. If additional funds are appropriated during fiscal year 2020 prior to the selection of awards, funding amounts will be posted on the Agency website and we will utilize those additional FY 2020 funds to make awards under this Notice. The purpose of this program is to establish and operate Agriculture Innovation Centers (Centers) that provide technical and business development assistance to agricultural producers seeking to engage in the marketing or the production of Value-Added products. Eligible applicants include nonprofit and for-profit corporations, public bodies, and institutions of higher education. This program supports Rural Development's (RD) mission of improving the quality of life for rural Americans and commitment to directing resources to those who most need them.
Notice of Determination; Changes to the Chronic Wasting Disease Herd Certification Program Standards
We are updating the Chronic Wasting Disease (CWD) Herd Certification Program Standards. In a previous notice, we made available to the public for review and comment proposed changes to the CWD Program Standards to provide guidance on how to meet CWD Herd Certification Program and interstate movement requirements.
Section 538 Guaranteed Rural Rental Housing Program Notice of Funding Availability Elimination
The Rural Housing Service (RHS or Agency) published a proposed rule December 12, 2018, proposing to amend its regulation to eliminate the requirement for the annual publication of Notice of Funding Availability (NOFA). Through this action, RHS finalizes the proposed rule without any substantive revisions.
Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program
This Notice announces the solicitation of applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (the Program) to provide guaranteed loans to fund the development, construction, and retrofitting of commercial scale biorefineries using eligible technology and of Biobased product manufacturing facilities that use technologically new commercial scale processing and manufacturing equipment to convert renewable chemicals and other biobased outputs of biorefineries into end-user products, on a commercial scale.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2019 Amendments)
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, increasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is updating the Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment in 2018.
Collaborative Forest Landscape Restoration Advisory Panel
The Collaborative Forest Landscape Restoration Advisory Panel (Panel) was renewed on September 16, 2019, to evaluate and provide recommendations on the selection of collaborative forest landscape restoration proposals to the Secretary of Agriculture (Secretary) for approval as provided in Section 8629 of the Agriculture Improvement Act of 2018. The Secretary has determined that the work of the Panel is in the public's interest and relevant to the duties of the Department of Agriculture. Therefore, the Secretary is seeking nominations to fill vacancies on the Panel. The Panel is a statutory committee. Additional information concerning the Panel can be found by visiting the Panel's website at: https://www.fs.fed.us/restoration/CFLRP/advisory- panel.shtml.
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. These changes will be added to the NPIP Program Standards.
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