Department of Agriculture 2019 – Federal Register Recent Federal Regulation Documents
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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.
Notice of Intent To Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to BSURE TECHNOLOGIES, INC. of HAYWARD, CALIFORNIA, an exclusive license to U.S. Patent Application Serial No. 16/444,235, ``BIOSENSOR PLATFORM FOR RAPID DIAGNOSTIC TESTING,'' filed on JUNE 18, 2019.
Notice of Intent To Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to SPIRITWOOD INGREDIENTS, LLC of FERGUS FALLS, MINNESOTA, an exclusive license to U.S. Patent No. 10,021,882, ``VALUE-ADDED PRODUCTS FROM SMALL GRAINS, METHOD OF MAKING AND USES THEREOF,'' issued on July 17, 2018.
Fruit Crops; 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 an extension and revision to the approved forms and generic information collection for marketing orders covering fruit crops.
Notice of Request for Reinstatement of an Information Collection; National Animal Health Monitoring System; Health Management on U.S. Feedlots 2020 Study
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 to conduct the National Animal Health Monitoring System Health Management on U.S. Feedlots 2020 Study.
Agriculture Risk Coverage and Price Loss Coverage Programs; Correction
The Commodity Credit Corporation (CCC) is correcting a final rule that was published in the Federal Register on September 3, 2019, which revised the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) Programs. That document inadvertently failed to include the relevant counties in Nebraska that have been established as having a history of double-cropping covered commodities or peanuts with fruits, vegetables, or wild rice and incorrectly listed the previous Regulation Identifier Number (RIN).
National Organic Program: USDA Organic Regulations
This document announces the renewal of substance exemptions as listed on the National List of Allowed and Prohibited Substances (National List) within the U.S. Department of Agriculture's (USDA) organic regulations. This document reflects the outcome of the 2019 sunset review process and addresses recommendations submitted to the Secretary of Agriculture (Secretary), through the USDA's Agricultural Marketing Service (AMS), by the National Organic Standards Board (NOSB).
Pacific Northwest National Scenic Trail Advisory Council
The United States Department of Agriculture (USDA) intends to renew the Pacific Northwest National Scenic Trail Advisory Council (Council). In accordance with provisions of the National Trails System Act of 1968, and the Federal Advisory Committee Act (FACA), the Council is being renewed to provide advice and recommendations to the Secretary of Agriculture (Secretary) during the development of the Comprehensive Management Plan for the Pacific Northwest National Scenic Trail (Trail) including the nature and purposes of the Trail, objectives and practices for the Trail, standards for the erection and maintenance of markers along the Trail, and other matters related to the administration of the Trail. Additional information concerning the Council can be found by visiting the Council's website at: https:// www.fs.usda.gov/main/pnt/working-together/advisory-committees .
Secure Rural Schools Resource Advisory Committees
The United States Department of Agriculture (USDA) intends to establish the following: The Rocky Mountain Resource Advisory Committee (RAC) in Rocky Mountain Region (R2) by consolidating Bighorn, Medicine- Bow Routt, Shoshone, Grand Mesa Uncompahgre Gunnison and Pike-San Isabel RACs; the Northern Utah RAC in the Intermountain Region (R4) by consolidating the Ashley RAC and the Uinta Wasatch Cache RAC; the Mendo-Lake County RAC in the Pacific Southwest Region (R5) by consolidating the Mendocino RAC and Lake County RAC; the Gifford Pinchot RAC in the Pacific Northwest Region (R6) by consolidating the North Gifford Pinchot RAC and the South Gifford Pinchot RAC; and the Northern Wisconsin RAC in the Eastern Region (R9) by consolidating the Chequamegon RAC and Nicolet RAC. Secure Rural Schools (SRS) RACs pursuant to the Secure Rural Schools and Community Self-Determination Act (the Act), as amended, most recently by the Agricultural Improvement Act of 2018 (Pub. L. 115-334). The SRS RACs will operate in compliance with the Federal Advisory Committee Act (FACA). The purpose of the SRS RACs is to improve collaborative relationships among people who use and care for National Forests. The Secretary has determined that the work of the SRS RACs are in the public's interest and relevant to the duties of the Department of Agriculture. The SRS RACs are statutory committees. Additional information concerning the SRS RACs can be found by visiting the SRS RACs website at: https:// www.fs.usda.gov/pts/.
Wrangell-Petersburg Resource Advisory Committee; Meeting
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.
Determination of Regulatory Review Period for Purposes of Patent Extension; Porcine Circovirus Vaccine, Type 1-Type 2 Chimera, Killed Virus, Mycoplasma Hyopneumoniae Bacterin
We are advising the public that the Animal and Plant Health Inspection Service has determined the regulatory review period for Porcine Circovirus Vaccine, Type 1-Type 2 Chimera, Killed Virus, Mycoplasma Hyopneumoniae Bacterin and is publishing this notice of that determination as required by law. We have made this determination in response to the submission of an application to the Commissioner for Patents, Department of Commerce, for the extension of a patent that claims that veterinary biologic.
The Emergency Food Assistance Program: Implementation of the Agriculture Improvement Act of 2018
Through this rulemaking, the U.S. Department of Agriculture's (the Department or USDA) Food and Nutrition Service (FNS) is codifying new statutory requirements included in the Agriculture Improvement Act of 2018 (2018 Farm Bill). First, the 2018 Farm Bill requires The Emergency Food Assistance Program (TEFAP) State Plans, at the option of the State agency, to describe a plan of operation for projects to harvest, process, package, or transport donated commodities for use by TEFAP emergency feeding organizations (EFOs), also known as Farm to Food Bank Projects. Second, the Department is requiring TEFAP State agencies to amend their State Plans to describe a plan that provides EFOs or eligible recipient agencies (ERAs) within the State an opportunity to provide input on their commodity preferences and needs. Last, the Department is establishing the requirements for the projects to harvest, process, package, or transport donated commodities as authorized in the 2018 Farm Bill.
Information Collection Request; Organic Certification Cost Share Program
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision and an extension of a current information collection request associated with the Organic Certification Cost Share Program (OCCSP). OCCSP provides cost share assistance to producers and handlers of agricultural products who are obtaining or renewing their certification under the National Organic Program (NOP). Certified operations may receive up to 75 percent of their certification costs paid. Certain State agencies also submit applications to FSA to administer OCCSP in their States.
Tart Cherries; 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) intent to request an extension for and revision to a currently approved information collection for Tart Cherries Grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, pursuant to Marketing Order No. 930.
Tart Cherries Grown in the States of Michigan, et al.; Free and Restricted Percentages for the 2018-19 Crop Year and Revision of Grower Diversion Requirements for Tart Cherries
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to establish free and restricted percentages for the 2018-19 crop year under the Marketing Order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This action establishes the proportion of tart cherries from the 2018-19 crop which may be handled in commercial outlets. This action also revises the regulations regarding grower diversion. This action should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns.
Nonprocurement Debarment and Suspension
The USDA issues this final rule to adopt certain provisions of the Office of Management and Budget (OMB) guidelines to agencies on governmentwide debarment and suspension (nonprocurement) not previously adopted, to adopt changes made to the OMB guidance after its initial publication in 2010, and to revise the definition of the term ``disqualified'' to add the statutory disqualification requirements for USDA agencies. Finally, this rule removes a reference to the old USDA suspension and debarment regulations for the Federal Crop Insurance Corporation and replaces it with the current regulations. This regulatory action makes no substantive changes in USDA policy or procedures for nonprocurement debarment and suspension.
Notice of Availability of the Draft Programmatic Environmental Assessment for the Farm Service Agency's Conservation Reserve Program
FSA, acting on behalf of the CCC, announces the availability for review and comment the draft Programmatic Environmental Assessment (PEA) assessing the alternatives to and anticipated environmental impacts of potential changes from the Agricultural Improvement Act of 2018 (2018 Farm Bill) to the Conservation Reserve Program (CRP), in compliance with the National Environmental Policy Act of 1969 (NEPA). The intent of this notice is to make the draft PEA available for review and request comments by the public, other agencies, and Tribes on the proposed alternatives and their potential impacts to the human environment. The feedback we receive from this notice will be incorporated into the final PEA, as appropriate, prior to FSA's decision.
Community Facilities Guaranteed Loan Program Guarantee Fee Rate, Annual Renewal Fee, Rural Area Definition, and Funding Priority for Fiscal Year 2020; and Water and Waste Disposal Programs Guaranteed Rural Area Definition and Funding Reservation for Fiscal Year 2020
This notice announces implementation of several provisions of the 2018 Farm Bill related to the Rural Housing Service (RHS) and the Rural Utilities Service (RUS) agencies of the Rural Development mission area of the United States Department of Agriculture, USDA, sometimes hereinafter referred to as Agency. Specifically, it provides notice of the population change in the rural area definition for the Community Facilities (CF) Guaranteed Loan Program and the Water and Waste Disposal (WWD) Guaranteed Loan Program and priorities for each program. It also provides established fee levels for Fiscal Year (FY) 2020 for the CF Guaranteed Loan Program. This Notice is being issued prior to enactment of full year appropriation for FY 2020. The Agency will publish the amount of funding received in the final appropriations act on its website at https://www.rd.usda.gov/newsroom/fy2020-appropriated-funding.
Supplemental Nutrition Assistance Program: Standardization of State Heating and Cooling Standard Utility Allowances
The proposed rule would revise Supplemental Nutrition Assistance Program (SNAP) regulations to standardize the methodology for calculating standard utility allowances (SUAs or standards). The new methodology would set the largest standard, the heating and cooling standard utility allowance (HCSUA), at the 80th percentile of low- income households' utility costs in the State. Standard allowances for other utility costs would subsequently be capped at a percentage of the HCSUA with the exception of an updated telecommunications SUA that would be a standard amount set nationally. These figures would continue to be updated annually and reflective of utility costs in each State.
Marketing Order Regulating the Handling of Apricots Grown in Designated Counties in Washington; Increased Assessment Rate
This proposed rule would implement a recommendation from the Washington Apricot Marketing Committee (Committee) to increase the assessment rate established for the 2019-2020 and subsequent fiscal periods. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Request To Renew an Approved Information Collection: Interstate Shipment of Meat and Poultry 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 renew the approved information collection regarding the voluntary cooperative interstate shipment program. The approval for this information collection will expire on January 31, 2020. FSIS has reduced the estimated burden in this information collection by 1,272 hours due to a reduction in the number of participating States.
Tomatoes Grown in Florida; Proposed Amendments to the Marketing Order No. 966
This proposed rule invites comments on proposed amendments to Marketing Order No. 966, which regulates the handling of tomatoes grown in Florida. The proposed amendments would change the Florida Tomato Committee's (Committee) size, length of the terms of office, and quorum requirements.
National Organic Program; Origin of Livestock
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) is reopening the comment period on our April 28, 2015, proposed rule to amend the origin of livestock requirements for dairy animals under the USDA organic regulations. We are reopening the proposed rule's comment period for 60 days to give all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they are already incorporated into the public record and will be fully considered in any future final rule.
Rules of Practice and Procedure Governing Formal Rulemaking Proceedings Instituted by the Secretary
The U.S. Department of Agriculture (USDA or Department) is amending the regulations on the rules of practice and procedure governing formal rulemaking proceedings instituted by the Secretary. This final rule amends the definition of judge so that the term is consistently applied to all USDA formal rulemaking proceedings.
U.S. Standards for Grades of Apples
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is amending the U.S. Standards for Grades of Apples by removing smooth net-like russeting as a grade-determining factor in the U.S. Extra Fancy, U.S. Fancy, and U.S. No. 1 grades for Fuji apples. In addition, AMS is removing obsolete references to the location where color standards may be examined and purchased. The changes modernize the standards and meet consumer demand by providing greater marketing flexibility.
Modernization of Swine Slaughter Inspection
The Food Safety and Inspection Service (FSIS) is amending the Federal meat inspection regulations to establish an optional new inspection system for market hog slaughter establishments that has been demonstrated to provide public health protection at least equivalent to the existing inspection system. Market hog slaughter establishments that do not choose to operate under the new swine inspection system may continue to operate under their existing inspection system. The Agency is also making several changes to the regulations that will affect all establishments that slaughter swine, regardless of the inspection system under which they operate or the age, size, or class of swine. These changes will allow all swine slaughter establishments to develop sampling plans that are more tailored to their specific operations, and thus more effective in monitoring their specific process control, unlike the current requirements in the regulations.
Agency Information Collection Activities: Proposed Collection; Comments Request-Survey of SNAP and Work
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 Survey of Supplemental Nutrition Assistance Program (SNAP) and Work. This NEW information collection will provide the U.S. Department of Agriculture, Food and Nutrition Service (FNS) with information about the employment patterns and characteristics of nondisabled adult SNAP participants, and identify health, social, and personal factors that promote or inhibit employment among SNAP participants.
Proposed New Recreation Fees: George Washington and Jefferson National Forests
The George Washington and Jefferson National Forests is proposing to charge new fees at three recreation sites. Recreation fees are assessed based on the level of amenities and services provided, cost of operation and maintenance, analysis of other providers, and public comment. The fees listed are only proposed and will be determined upon further analysis and public comment. Funds from fees would be used for the continued operations of these campgrounds, maintenance, and improvements.
Results of Soybean Request for Referendum
The results of the Agricultural Marketing Service's (AMS) Request for Referendum indicate that too few soybean producers wanted a referendum on the Soybean Promotion and Research Order (Order) for one to be conducted. The Request for Referendum was conducted from May 6, 2019, through May 31, 2019, at the U.S. Department of Agriculture's (USDA) Farm Service Agency county offices. To trigger a referendum, 51,501 soybean producers, 10 percent of the total nationwide soybean producers, needed to complete a valid Request for Referendum. The total number of soybean producers participating in the referendum was 794. The number of valid petitions received was 708.
Information Collection; Application for Permit for Use of Roads, Trails, or Areas Restricted by Regulation or Order
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comment from all interested individuals and organizations on the extension with no revisions of a currently approved information collection, OMB 0596-0016), Application for Permit for Use of Roads, Trails, or Areas Restricted by Regulation or Order (form FS-7700-40). The Forest Service is also seeking renewal of an associated existing, form FS-7700-48, Permit for Use of Roads, Trails, or Areas Restricted by Regulation or Order, and renewal of an associated existing information collection, form FS-7700-41, Non- Federal Commercial Road Use Permit.
Vidalia Onions Grown in Georgia; Continuance Referendum
This document directs that a referendum be conducted among eligible producers of Vidalia onions to determine whether they favor continuance of the marketing order regulating the handling of Vidalia onions produced in Georgia.
Monsanto Company; Availability of Petition for Determination of Nonregulated Status of Cotton Genetically Engineered for Insect Resistance
We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Monsanto Company seeking a determination of nonregulated status for cotton designated as MON 88702, which has been genetically engineered for resistance to certain insects, primarily Lygus spp. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Monsanto 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.
Almonds Grown in California; Amendments to Marketing Order 981
This rulemaking action amends Marketing Order No. 981, which regulates the handling of almonds grown in California. The three amendments, which were proposed by the Almond Board of California (Board), were approved by producers in a referendum. The amendments will change the dates associated with the Board's nomination process, modify the term of office start date for Board members, and add authority for future revisions to these provisions through the development of regulations using informal rulemaking.
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