Department of Agriculture March 2021 – Federal Register Recent Federal Regulation Documents
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Semiannual Regulatory Agenda, Fall 2020
This agenda provides summary descriptions of the significant and not significant regulatory and deregulatory actions being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders (E.O.) 12866 ``Regulatory Planning and Review,'' 13771 ``Reducing Regulation and Controlling Regulatory Costs,'' 13777, ``Enforcing the Regulatory Reform Agenda,'' and 13563, ``Improving Regulation and Regulatory Review.'' The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions as well as any regulation consistent with Executive Order 13563. USDA has attempted to list all regulations and regulatory reviews pending at the time of publication except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown. USDA's complete regulatory agenda is available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda entries include only: (1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act. For this edition of the USDA regulatory agenda, the most important regulatory and deregulatory actions are summarized in a Statement of Regulatory Priorities that is included in the Regulatory Plan, which appears in both the online regulatory agenda and in part II of the Federal Register that includes the abbreviated regulatory agenda.
Notice of Request for Extension of a Currently Approved Information Collection; Comments Requested
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's intention to request an extension for a currently approved information collection in support of the Community Facilities Grant Program.
Request for Information and Notice of Stakeholder Listening Session on a Rural Energy Pilot Program
The Rural Business-Cooperative Service (RBCS) is requesting public input from interested parties and hosting a listening session on a new Rural Energy Pilot Program. The RBCS is exploring options to provide financial assistance for rural communities to further develop renewable energy; as authorized in The Consolidated Appropriations Act, 2021. Additionally, RBCS requests input regarding the purposes, goals, participants, technologies, and community impacts of the Rural Energy Pilot Program.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's (RHS or Agency) intention to request an extension for a currently approved information collection in support of the programs under the Code of Federal Regulations.
Walnuts Grown in California; Order Amending Marketing Order No. 984.
This final rule amends Marketing Order No. 984, which regulates the handling of walnuts grown in California. The amendments were proposed by the California Walnut Board (Board) and add the 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, the Agricultural Marketing Service (AMS) made necessary changes to conform to the amendments adopted.
United States Standards for Sorghum
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking comments from the public regarding the United States (U.S.) Standards for Sorghum under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, AMS invites interested parties to comment on whether the current sorghum standards and grading practices need to be changed.
Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Agriculture (USDA) Agricultural Marketing Service's (AMS) intent to request approval from the Office of Management and Budget (OMB) for an extension of and revision to the currently approved information collection used in support of the Regulations Governing the Inspection of Eggs (as authorized by the Egg Products Inspection Act (EPIA)), which is commonly referred to as the Shell Egg Surveillance Program (OMB: 0581-0113).
Notice of Request for Extension and Revision of a Currently Approved Information Collection for the Dairy Product Mandatory Reporting Program
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 of a currently approved information collection under the Dairy Product Mandatory Reporting Program. The information collected supports the marketing of dairy products and is used to verify compliance with Federal milk marketing regulations.
Grapes Grown in a Designated Area of Southeastern California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Desert Grape Administrative Committee (Committee) to increase the assessment rate established for the 2021 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Agency Information Collection Activities: Proposed Collection; Comment Request-Information Collection for the Child and Adult Care Food Program (CACFP)
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 reinstatement, with change, of a previously approved collection for which approval has expired. FNS uses this collection to obtain account and record information from State and service institutions that is necessary to effectively manage the CACFP and ensure compliance with statutory and regulatory Program requirements.
Addition of India to the List of Regions Affected With African Swine Fever
We are advising the public that we have added India 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 India.
Decision To Authorize the Importation of Fresh Pepper Fruit From Colombia Into the Continental United States
We are advising the public of our decision to authorize the importation of fresh pepper fruit from Colombia into the continental United States. 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 fresh pepper fruit from Colombia.
Notice of Request for an Extension of Existing Information Collection Package
In accordance with the Paperwork Reduction Act of 1995, this notice announces that NRCS will request an extension for a currently approved information collection for Long-Term Contracting forms.
National Organic Program; National List of Allowed and Prohibited Substances-Crops and Handling From October 2019 NOSB
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 add potassium hypochlorite for pre-harvest use as a sanitizer in organic crop production and fatty alcohols for sucker control in organic tobacco production. In addition, this rule proposes to remove the listing for dairy cultures, as it is redundant with an existing listing.
Notice of Intent To Prepare an Environmental Impact Statement for the Coon Creek Watershed, La Crosse, Vernon, and Monroe Counties, Wisconsin
The Natural Resources Conservation Service (NRCS) Wisconsin State Office announces its intent to prepare an EIS for the Coon Creek Watershed Project in the proximity of Cashton, Westby, Bloomingdale, Coon Valley, and Chaseburg, Wisconsin. NRCS is requesting comments to identify significant issues and alternative to be addressed in the EIS from all interested all interested individuals. The EIS process will examine existing flood control measures and evaluate additional (new) alternatives identified during scoping.
Notice of Intent To Prepare an Environmental Impact Statement for the West Fork Kickapoo Watershed, Monroe and Vernon Counties, Wisconsin
The Natural Resources Conservation Service (NRCS) Wisconsin State Office announces its intent to prepare an EIS for the West Fork Kickapoo Watershed Project in the proximity of Cashton, Westby, Viroqua, and Liberty, Wisconsin. NRCS is requesting comments to identify significant issues and alternatives to be addressed in the EIS from all interested individuals. The EIS process will examine existing flood control measures and evaluate additional (new) alternatives identified during scoping.
Pears Grown in Oregon and Washington; Modification of the Handling Regulation
This final rule modifies the handling regulation prescribed under the Federal marketing order regulating the handling of pears grown in Oregon and Washington.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Office of the Chief Information Officer has submitted a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to OMB for approval under the Paperwork Reduction Act (PRA).
Advisory Committee on Minority Farmers; Conference Call Meeting
Notice is hereby given, pursuant to the provisions of the rules and regulations of the Department of Agriculture and the Federal Advisory Committee Act (FACA), that a public teleconference of the Advisory Committee on Minority Farmers (ACMF) will be held to discuss USDA outreach, technical assistance, and capacity building for and with minority farmers; the implementation of the Socially Disadvantaged and Veteran Farmer and Rancher Grant Program (2501 Program); and methods of maximizing the participation of minority farmers and ranchers in the U.S. Department of Agriculture; and to plan mechanisms for best providing advice to the Secretary on the issues outlined above.
Notice of Request for Revision of an Approved Information Collection (Consumer Complaint Monitoring System)
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 revise the approved information collection regarding its Consumer Complaint Monitoring System (CCMS) web portal. The Agency has increased the burden estimate by 575 hours due to increased use of the Agency's updated, more user-friendly web portal that supports more direct communication. The approval for this information collection will expire on September 30, 2021.
Codex Alimentarius Commission: Meeting of the Codex Committee on Contaminants in Foods
The U.S Codex Office is sponsoring a public meeting on April 12, 2021. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 14th Session of the Codex Committee on Contaminants in Foods (CCCF) of the Codex Alimentarius Commission. The U.S. Manager for Codex Alimentarius and the Acting Deputy Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested parties the opportunity to obtain background information on the 14th Session of the CCCF and to address items on the agenda.
Ketchikan Resource Advisory Committee
The Ketchikan Resource Advisory Committee (RAC) will hold a virtual meeting. 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.
Lincoln Resource Advisory Committee
The Lincoln Resource Advisory Committee (RAC) will hold a virtual meeting. 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/pts.
Missoula Resource Advisory Committee
The Missoula Resource Advisory Committee (RAC) will hold a virtual meeting by phone and/or video conference. 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 as well as make recommendations on recreation fee proposals for sites on the Lolo National Forest within Missoula County, consistent with the Federal Lands Recreation Enhancement Act. RAC information and virtual meeting information can be found at the following website: https://www.fs.usda.gov/detail/lolo/workingtogether/ advisorycommittees/?cid=fsm9_021467.
Black Hills Resource Advisory Committee
The Black Hills Resource Advisory Committee (RAC) will conduct a virtual meeting. 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/detail/ blackhills/workingtogether/advisorycommittees/?cid=STELPRD380 7565.
Missoula Resource Advisory Committee
The Missoula Resource Advisory Committee (RAC) will hold a virtual meeting by phone and/or video conference. 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 as well as make recommendations on recreation fee proposals for sites on the Lolo National Forest within Missoula County, consistent with the Federal Lands Recreation Enhancement Act. RAC information and virtual meeting information can be found at the following website: https://www.fs.usda.gov/detail/lolo/workingtogether/ advisorycommittees/?cid=fsm9_021467.
El Dorado County Resource Advisory Committee
The El Dorado County Resource Advisory Committee (RAC) will hold a series of virtual meetings. 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 (FACA). 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 the Act. RAC information can be found at the following website: https:// www.fs.usda.gov/main/eldorado/workingtogether/advisorycommitt ees.
North Central Idaho Resource Advisory Committee
The North Central Idaho Resource Advisory Committee (RAC) will conduct virtual attendance only meetingss. 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/main/ nezperceclearwater/workingtogether/advisorycommittees.
Codex Alimentarius Commission: Meeting of the Codex Committee on Food Additives
The U.S. Codex Office is sponsoring a public meeting on May 11, 2021. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 52nd Session of the Codex Committee on Food Additives (CCFA) of the Codex Alimentarius Commission. The U.S. Manager for Codex Alimentarius and the Acting Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested parties the opportunity to obtain background information on the 52nd Session of the CCFA and to address items on the agenda.
Revolving Fund Program-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 an existing regulation to include the statutory revision authorized by the 2018 Farm Bill.
Notice of Request for Approval of an Information Collection; National Animal Health Monitoring System; On-Farm Monitoring of Antimicrobial Use and Resistance in U.S. Broiler Production Study
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection associated with the National Animal Health Monitoring System's On-Farm Monitoring of Antimicrobial Use and Resistance in U.S. Broiler Production Study.
Notice of Request for Public Comment on the Executive Order on Tackling the Climate Crisis at Home and Abroad
On January 27, 2021, President Biden issued an Executive Order on Tackling the Climate Crisis at Home and Abroad. This Executive Order laid out a series of actions for Federal Agencies to take regarding climate change mitigation and resilience, including directing the Secretary of Agriculture to collect stakeholder input on a climate- smart agriculture and forestry strategy. As part of this process, the U.S. Department of Agriculture (USDA) is seeking input from the public to ensure that relevant information is considered. USDA is interested in your comments in response to the topics, categories and questions shown in the SUPPLEMENTARY INFORMATION section of this notice.
Addition of the Democratic Republic of Timor-Leste to the List of Regions Affected With African Swine Fever
We are advising the public that we have added the Democratic Republic of Timor-Leste 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 the Democratic Republic of Timor-Leste.
Notice of Proposed Revision To Import Requirements for the Importation of Fresh Sand Pears From the Republic of Korea Into the United States
We are advising the public that we have prepared a pest risk analysis relative to the importation into the United States of sand pear (Pyrus pyrifolia var. culta) fruit from the Republic of Korea. Currently, sand pear fruit may be imported into the United States from the Republic of Korea under an Animal and Plant Health Inspection Service preclearance program or as non-precleared fruit into the port of Honolulu, HI. Based on the findings of our analysis, we are proposing to authorize imports of non-precleared sand pear fruit from the Republic of Korea into all U.S. ports as an alternative to the preclearance program. All sand pear fruit intended for importation into the United States from the Republic of Korea would be subject to a systems approach currently required for precleared fruit. We are making the pest risk analysis available to the public for review and comment.
NextEra Energy Resources: Notice of Intent To Prepare an Environmental Impact Statement and Hold Public Scoping Meeting
The Rural Utilities Service (RUS) announces its intent to prepare an Environmental Impact Statement (EIS) and hold a virtual public scoping meeting in connection with possible impacts related to the Skeleton Creek Solar and Battery Storage Project (Project) proposed by NextEra Energy Resources (NextEra or Applicant). The Project will consist of a 250-megawatt (MW) solar array, plus 200-MW/800-megawatt- hour (MWh) storage facility using photovoltaic (PV) modules on private lands in Garfield County, Oklahoma. NextEra is seeking federal loan financing from RUS to support construction of the Project. RUS has determined that a loan for the Project would be a federal action and is, therefore, subject to National Environmental Policy Act (NEPA) review, with RUS as the lead federal agency, for preparation of the EIS.
Revision of U.S. Standards for Grades of Watermelons
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the U.S. Standards for Grades of Watermelons. The proposed changes would provide a common language for trade of watermelons.
Agency Information Collection Activities: Revision and Extension of Approved Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Department of Agriculture (USDA), the Food Safety and Inspection Service (FSIS) has submitted a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to OMB for approval under the Paperwork Reduction Act (PRA).
Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
NRCS is giving notice that it intends to issue a series of revised conservation practice standards in the National Handbook of Conservation Practices (NHCP). NRCS is also giving the public an opportunity to provide comments on specified conservation practice standards in NHCP.
United States Standards for Grades of Frozen Corn on the Cob
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) has revised the U.S. Standards for Grades of Frozen Corn on the Cob.
Information Collection; National Woodland Owner Survey
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the renewal of the National Woodland Owner Survey information collection.
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