Department of Agriculture April 2020 – Federal Register Recent Federal Regulation Documents
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Common Crop Insurance Regulations; Forage Production Crop Insurance Provisions and Forage Seeding Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Forage Production Crop Insurance Provisions and Forage Seeding Crop Insurance Provisions. The intended effect of this action is to update existing policy provisions and definitions to better reflect current agricultural practices and allow for variations in insurance provisions based on regionally-specific agronomic conditions and potential future expansions. The changes are to be effective for the 2021 and succeeding crop years.
Notice of Availability of a Final Environmental Assessment and Finding of No Significant Impact for the Release of Sericothrips staphylinus for Biological Control of Gorse
We are advising the public that we have prepared an environmental assessment and finding of no significant impact relative to permitting the release of Sericothrips staphylinus for the biological control of gorse, a spiny shrub, within the contiguous United States. Based on our finding of no significant impact, we have determined that an environmental impact statement need not be prepared.
Superior National Forest; Cook County; Minnesota; Lutsen Mountains Ski Area Expansion Project EIS
The Superior National Forest (SNF) published a notice of intent (NOI) to prepare an environmental impact statement (EIS) on April 15, 2020 for the Lutsen Mountains Ski Area Expansion Project. Lutsen Mountain Corporation (LMC) has submitted a proposal to the SNF to implement select projects at Lutsen Mountains Resort (Lutsen Mountains). All projects are identified within the Lutsen Mountains 2016 Master Development Plan (MDP). The original scoping period was identified to conclude May 15, 2020. The scoping period will be extended to conclude May 28, 2020. The original NOI also indicated that one public open house meeting would be held; however, in response to the coronavirus (COVID-19) pandemic in the United States, and the Center for Disease Control's recommendation for social distancing and avoiding large public gatherings, a public meeting will not be scheduled during the scoping period.
Notice of Funds Availability (NOFA); Purchase of Fruit, Vegetable, Dairy, and Meat Products Due to COVID-19 National Emergency-USDA Food Box Distribution Program
The Agricultural Marketing Service (AMS) announces the availability of $3 billion in funds for the purchase and distribution of fresh produce and dairy and meat products for Americans facing challenges due to the COVID-19 national emergency. AMS is utilizing an existing commodity procurement infrastructure to streamline and expand delivery of fresh produce and dairy and meat products to non-profit and governmental organizations that can distribute the commodities to Americans in need. Interested entities may apply for program participation through AMS's solicitation process.
General Conference Committee of the National Poultry Improvement Plan; Solicitation for Membership
We are giving notice that the Secretary of Agriculture is soliciting nominations for the election of a member at-large and regional members and their alternates for the General Conference Committee of the National Poultry Improvement Plan.
General Conference Committee of the National Poultry Improvement Plan and 45th Biennial Conference
We are giving notice of a meeting of the General Conference Committee (GCC or the Committee) of the National Poultry Improvement Plan (NPIP) and the NPIP's 45th Biennial Conference.
Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Agricultural Prices Surveys. Revision to burden hours will be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.
Administrative Procedures Governing Formulation of a Research and Promotion Order
The Department of Agriculture (USDA) invites comments on the proposed establishment of administrative procedures to govern formulation of new research and promotion programs under the Commodity Promotion, Research, and Information Act of 1996 (Act). This rule would specify the process for proposing such programs to USDA. The proposed rule would further clarify that AMS will continue to require associations of producers or individuals proposing new programs to post a bond or other collateral to reimburse USDA for the costs of program development.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Increased Assessment Rate
This proposed rule would implement a recommendation from the Spearmint Oil Administrative Committee (Committee) to increase the assessment rate established for the 2020-2021 and subsequent marketing years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Watermelon Research and Promotion Plan; Realignment
This proposal invites comments on realigning the representation on the National Watermelon Promotion Board (Board) prescribed in the Watermelon Research and Promotion Plan (Plan) by reducing the number of production districts and reducing the number importers on the Board, accordingly. This action would contribute to effective administration of the program.
Implementation of Water and Environmental Provisions of the Agricultural Improvement Act of 2018
The Rural Utilities Service (RUS) is issuing a final rule to implement statutory provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). The intent of this rule is to modify existing regulations to include the statutory revisions authorized by the 2018 Farm Bill.
Newspapers for Publication of Legal Notices in the Northern Region
This notice lists the newspapers that will be used by all Ranger Districts, Forests, Grasslands, and the Regional Office of the Northern Region to publish legal notices for public comment and decisions subject to predecisional administrative review. The intended effect of this action is to inform interested members of the public which newspapers will be used to publish legal notices for public comment or decisions, thereby allowing them to receive constructive notice of a decision, to provide clear evidence of timely notice, and to achieve consistency in administering the objection processes.
National Organic Program (NOP); Request for Comment on Organic Livestock and Poultry Practices Economic Analysis Report
The USDA Agricultural Marketing Service (AMS) requests public comment on an Economic Analysis Report related to the Organic Livestock and Poultry Practices final rule (OLPP Rule), published on January 19, 2017, and the final rule withdrawing the OLPP Rule (Withdrawal Rule), published on March 13, 2018. The public comment process for the Economic Analysis Report is being conducted consistent with an Order of the United States District Court for the District of Columbia, which granted USDA's Motion to Remand a legal challenge to the Withdrawal Rule for purposes of clarifying and supplementing the record regarding the economic analysis underlying both the OLPP Rule and the Withdrawal Rule. (See Organic Trade Association v. USDA; Civil Action No. 17-1875 (RMC) (March 12, 2020), ECF No. 112).
Notice of Availability of the Mississippi Trustee Implementation Group Draft Restoration Plan II Environmental Assessment: Wetlands, Coastal, and Nearshore Habitats and Oysters
In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP PEIS), Record of Decision, and Consent Decree, the Federal and State natural resource trustee agencies for the Mississippi Trustee Implementation Group (Mississippi TIG) have prepared a Draft Restoration Plan II Environmental Assessment: Wetlands, Coastal, and Nearshore Habitats and Oysters (Draft RP II EA). MS TIG identified two Restoration TypesWetlands, Coastal, and Nearshore Habitats (WCNH) and Oystersthat it considered appropriate for the Draft RP II EA. The purpose of this notice is to inform the public of the availability of the Draft RP II EA and to request public comments on the document.
Notice of Request for Public Comment on Updates to Technical Guidelines for Quantifying Greenhouse Gas (GHG) Emissions and Carbon Sequestration at the Entity-scale for Agriculture and Forestry
We are extending the comment period for our notice seeking input from the public as we prepare an update to our technical guidelines and science-based methods to quantify greenhouse gas sources and sinks from the agriculture and forest sectors at the entity-scale This action will allow interested persons additional time to prepare and submit comments.
Notification of Direct Loan Payment Deferrals for the Community Facilities Direct Loan Program
The Rural Housing Service, hereinafter referred to as the Agency, will temporarily allow borrowers with direct loans within the Community Facilities (CF) Program to request payment deferrals during the period specified in the DATES section of this notification. This temporary authorization applies to CF direct loan borrowers who are experiencing temporary cash flow issues due to the Coronavirus (COVID- 19) pandemic. The Agency will provide the option of principal and interest payment deferrals to borrowers impacted by COVID-19 for up to one year due to hardship on a case-by-case basis.
Notice of Request for Extension of Approval of an Information Collection; Importation of Live Fish, Fertilized Eggs, and Gametes From Tilapia Lake Virus-Susceptible Species
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with the importation of live fish, fertilized eggs, and gametes from tilapia lake virus-susceptible species into the United States.
Solicitation of Stakeholder Input for Urban, Indoor, and Other Emerging Agricultural Production Research, Education, and Extension Initiative
The National Institute of Food and Agriculture (NIFA) is requesting written stakeholder input on the Urban, Indoor and other Emerging Agricultural Production Research, Education and Extension Initiative. The purpose of this Notice is to assist NIFA in developing the fiscal year 2020 Request for Applications for the Urban, Indoor and other Emerging Agricultural Production Research, Education and Extension Initiative.
Grain Inspection Advisory Committee Meeting; Postponed
On March 17, 2020, The Agricultural Marketing Service (AMS) published a notice that announced the next meeting for the Grain Inspection Advisory Committee, which was scheduled for April 1, 2020, 8:30 a.m. to 5:00 p.m. & April 2, 2020, 8:30 a.m. to 5:00 p.m. AMS is publishing this notice to announce that this federal advisory committee meeting has been postponed and will be re-scheduled at a later date.
Information Collection Activity; Comment Request
In accordance with the Paperwork Reduction Act of 1995, the United States Department of Agriculture's Rural Utilities Service (RUS) invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested.
Addition of Indonesia to the List of Regions Affected With African Swine Fever
We are advising the public that we have added Indonesia to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with African swine fever (ASF). We have taken this action because of confirmation of ASF in Indonesia.
2020/2021 Rates Charged for AMS Services
The Agricultural Marketing Service (AMS) is announcing the 2020/2021 rates it will charge for voluntary grading, inspection, certification, auditing, and laboratory services for a variety of agricultural commodities including meat and poultry, fruits and vegetables, eggs, dairy products, and cotton and tobacco. The 2020/2021 regular, overtime, holiday, and laboratory services rates will be applied at the beginning of the crop year, fiscal year or as required by law depending on the commodity. Other starting dates are added to this notice based on cotton industry practices. This action establishes the rates for user-funded programs based on costs incurred by AMS. This year, all AMS user fee rates will remain unchanged.
Agrivida, Inc.; Availability of a Petition for Determination of Nonregulated Status for Maize Genetically Engineered for the Production of Phytase Enzyme
We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Agrivida, Inc. (Agrivida) seeking a determination of nonregulated status for maize designated as Maize Event PY203, which has been genetically engineered for the production of phytase enzyme. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Agrivida petition available for review and comment to help us identify potential issues and impacts that APHIS should be considering in our evaluation of the petition.
Request for Information: WIC National Universal Product Code Database Next Steps
The U.S. Department of Agriculture (USDA), Food and Nutrition Service (FNS), Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program or WIC) is issuing this Request for Information to obtain input from WIC State agencies, authorized vendors, food manufacturers, technology partners, and other interested stakeholders regarding the direction of the National Universal Product Code (NUPC) database. The NUPC database can be used by WIC State agencies delivering benefits via Electronic Benefit Transfer (EBT) to develop, update and maintain their Authorized Product Lists (APLs). FNS is specifically interested in obtaining stakeholder perspectives on the role of the NUPC database to the program community, and different options for operating, maintaining, and/or enhancing the database. FNS welcomes comments from all interested stakeholders. As a background, on January 30, 2020, FNS issued the initial Request for Information, beginning a 60-day public comment period. Public involvement opportunities including public meetings, are now being modified based on considerations for employee and public health and safety. We recognize that there is a need to reopen the comment period to accommodate meaningful public involvement. FNS is reopening the comment period to provide additional time for interested parties to review this Request for Information.
Decision To Authorize the Importation of Fresh Sand Pears From Japan Into the United States
We are advising the public of our decision to authorize importation of sand pears from all production areas of Japan into the United States and to revise the conditions under which they may be imported. Based on the findings of a commodity import evaluation document, which we made available to the public for 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 sand pears from all production areas of Japan.
Notice of Request for Renewal of an Approved Information Collection (Modernization of Poultry Slaughter Inspection)
In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to request renewal of the approved information collection regarding poultry slaughter inspection. There are no changes to the existing information collection. The approval for this information collection will expire on September 30, 2020.
Notice of Intent To Request To Reinstate an Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to seek approval to reinstate an information collection to gather data related to the production and marketing of foods directly from farm producers to consumers or retailers. In addition NASS will collect some whole-farm data to be used to classify and group operations for summarizing and publication of results.
Revision of the Land Management Plan for the Chugach National Forest
Jeff E. Schramm, the Forest Supervisor for the Chugach National Forest, Alaska Region, has signed the Record of Decision (ROD) for the Revised Land Management Plan (Land Management Plan) for the Chugach National Forest. The ROD documents the rationale for approving the Land Management Plan and is consistent with the Objection Review Official's response to objections and instructions.
Newspapers Used for Publication of Legal Notices by the Rocky Mountain Region, Which Includes Colorado, Kansas, Nebraska, and Parts of South Dakota and Wyoming
This notice lists the newspapers that will be used by the Ranger Districts, Forests, and Regional Office of the Rocky Mountain Region to publish legal notices. The intended effect of this action is to inform interested members of the public which newspapers the Forest Service will use to publish notices of proposed actions and notices of decision. This will provide the public with constructive notice of Forest Service proposals and decisions, provide information on the procedures to comment, object or appeal, and establish the date that the Forest Service will use to determine if comments or appeals/ objections were timely.
Decision To Authorize the Importation of Fresh Citrus From China Into the Continental United States
We are advising the public of our decision to authorize the importation of five species of commercially produced fresh citrus fruit (pummelo, Nanfeng honey mandarin, ponkan, sweet orange, and Satsuma mandarin) from China 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 these five species of citrus fruit from China.
Extension of Certain Timber Sale: Contracts; Finding of Substantial Overriding Public Interest
The Under Secretary for Natural Resources and Environment, Department of Agriculture has determined in accordance with paragraph 14(c) of the National Forest Management Act of 1976 (NFMA) and Forest Service regulations that it is in the substantial overriding public interest (SOPI) to extend certain National Forest System timber sales, sale of property stewardship contracts, and forest product permits. This finding applies to timber sale, sale of property stewardship contracts, and forest product permits that were awarded or issued, before April 1, 2020, and upon award to sales with a bid opening prior to April 1, 2020. Extensions will be granted upon written request of the contract or permit holder, unless the Contracting Officer determines the wood products are in urgent need of removal due to forest health conditions or to mitigate a significant wildfire threat to a community, municipal watershed or other critical public resource. The Under Secretary finds in accordance with Forest Service regulations that better utilization of the various forest resources (consistent with the provisions of the Multiple-Use Sustained-Yield Act of 1960) will result by extending certain contracts and permits. Therefore, contract length may exceed 10 years as a result of this SOPI.
Superior National Forest; Cook County; Minnesota; Lutsen Mountains Ski Area Expansion Project EIS
Lutsen Mountains Corporation (LMC) has submitted a proposal to the Superior National Forest (SNF) to implement select projects at Lutsen Mountains Resort (Lutsen Mountains). All projects are identified within the Lutsen Mountains 2016 Master Development Plan (MDP). The SNF is initiating the preparation of an Environmental Impact Statement (EIS) to analyze and disclose the potential environmental effects of implementing the projects.
Availability of an Environmental Assessment for Field Testing of a Clostridium Perfringens Type A Vaccine, Live Salmonella Vector
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Clostridium Perfringens Type A Vaccine, Live Salmonella Vector. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment, and that an environmental impact statement need not be prepared. We intend to authorize shipment of this vaccine for field testing following the close of the comment period for this notice unless new substantial issues bearing on the effects of this action are brought to our attention. We also intend to issue a U.S. Veterinary Biological Product license for this vaccine, provided the field test data support the conclusions of the environmental assessment and the issuance of a finding of no significant impact and the product meets all other requirements for licensing.
Notice of Request for Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the above-named Agency to request Office of Management and Budget's (OMB) approval for a revision of a currently approved information collection in support of the servicing of Loan Programs.
Broadband Pilot (ReConnect) Program
On December 12, 2019, the Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture, hereinafter referred to as the Agency, published a Funding Opportunity Announcement (FOA) and solicitation of applications for the Broadband Pilot (ReConnect) Program in the Federal Register. On March 31, 2020, the Agency published a Notice in the Federal Register to extend the application window to April 15, 2020. This notice supplements the prior notice of March 31, 2020, and informs the public that the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides an additional $100 million for ReConnect grants to prevent, prepare for, and respond to coronavirus.
Codex Alimentarius Commission: Meeting of the Codex Committee on Processed Fruits and Vegetables
The U.S. Codex Office is sponsoring a public meeting on May 5, 2020. The objective of the public meeting is to provide information and receive public comments on agenda items and corresponding United States (U.S.) positions discussed at the 29th Session of the Codex Committee on Processed Fruits and Vegetables (CCPFV29), which is working by correspondence in preparation for U.S. participation in the Codex Alimentarius Commission. 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 29th Session of the CCPFV and to address items on the agenda.
Walnuts Grown in California; Hearing on Proposed Amendment of Marketing Order No. 984; Correction
The Agricultural Marketing Service (AMS), USDA, published a document in the Federal Register of February 11, 2020, announcing a public hearing to receive evidence on proposed amendments to Federal Marketing Order No. 984 (Order) regulating the handling of walnuts grown in California. The California Walnut Board (Board), which locally administers the Order, recommended proposed amendments that would add authority for the Board to provide credit for certain market promotion expenses paid by handlers against their annual assessments due under the Order and establish requirements to effectuate the new authority. In addition, AMS proposed to make changes to the Order as may be necessary to conform to any amendment that may result from the hearing. The date and method of the hearing have changed.
Information Collection Requests; Farm Programs: Disaster Assistance-General (0560-0170), Transfer of Records Between Counties (0560-0253) and Customer Data Worksheet Request for Business Partner Record (0560-0265)
In accordance with the Paperwork Reduction Act (PRA) of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on the three Farm Programs' information collection requests. The 3 collection requests in the Farm Programs are: Disaster Assistance-General (0560-0170), Transfer of Records between Counties (0560-0253) and Customer Data Worksheet Request for Business Partner Record (0560-0265). In the Disaster Assistance-General, the information collection is needed to identify disaster areas and establish eligibility for both primary disaster counties and those counties contiguous to such disaster counties for assistance from FSA. This assistance includes FSA emergency loans which are available to eligible and qualified farmers and ranchers. In the Customer Data Worksheet Request for Business Partner Record, FSA is using the collected information in support of documenting critical producer data (for example, customer name, current mailing address, tax identification number) made at the request of the producer to obtain, correct or update their information. In the Transfer of Records Between Counties, FSA is using the collected information to approve or disapprove the transfer of farm records from one FSA county office to another.
Rural Development Guarantee Loan Servicing Flexibilities To Address Coronavirus 2019 Impacts
The Rural-Business Cooperative Service (RBCS), Rural Housing Service (RHS), and Rural Utilities Service (RUS) agencies of the Rural Development mission area, hereinafter referred to as Agency, issued a notification in the Federal Register on March 31, 2020, that allows lenders with guaranteed loans with the Agency to unilaterally offer payment deferrals for the period specified in the notice to their customers who may be experiencing temporary cash flow issues due to the Coronavirus (COVID-19) pandemic. This notification supplements the prior notification and includes additional servicing flexibilities regarding Agency guaranteed loan requirements as they relate to the new loans that are covered by Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Land Uses; Special Uses; Streamlining Processing of Communications Use Applications
The U.S. Department of Agriculture is issuing this final rule to implement the Agriculture Improvement Act of 2018, providing for streamlining the Agency's procedures for evaluating applications to locate or modify communications facilities on National Forest System (NFS) lands.
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