Department of Agriculture April 2021 – Federal Register Recent Federal Regulation Documents
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Northern Potato Crop Insurance-Quality Endorsement; Northern Potato Crop Insurance-Processing Quality Endorsement; Potato Crop Insurance-Certified Seed Endorsement; and Northern Potato Crop Insurance-Storage Coverage Endorsement
The Federal Crop Insurance Corporation (FCIC) amends the Northern Potato Crop InsuranceQuality Endorsement; Northern Potato Crop InsuranceProcessing Quality Endorsement; Potato Crop Insurance Certified Seed Endorsement; and Northern Potato Crop InsuranceStorage Coverage Endorsement. The intended effect of this action is to specify that the premium is only applicable for planted acreage under these Endorsements. The Endorsements are designed to protect against losses associated with the final harvested crop (potatoes). For example, the Northern Potato Crop InsuranceStorage Coverage Endorsement extends crop insurance coverage for potatoes that have been harvested and are in storage. Acreage prevented from planting would not need coverage that is specifically designed for a final harvested crop. FCIC is revising the Endorsements to specify that the additional premium (for the Endorsements) is only applicable for planted acreage. The changes to the policies made in this rule are applicable for the 2022 and succeeding crop years for crops with a contract change date on or after April 30, 2021.
Common Crop Insurance Regulations; Forage Seeding Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Forage Seeding Crop Insurance Provisions. The intended effect of this action is to clarify that producers are able to purchase or change insurance coverage on spring seeded forage until the spring sales closing date if they did not plant any insurable fall seeded forage in the same crop year. The changes are to be effective for the 2022 and succeeding crop years.
Notice of Intent To Seek Approval To Collect Information
In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, this notice announces the National Agricultural Library's (NAL) intent to request an extension of currently approved information collection form related to the Animal Welfare Information Center's (AWIC) workshop, Meeting the Information Requirementsof the Animal Welfare Act. This workshop registration form requests the following information from participants: contact information, current profession and professional experience, affiliation, basic demographic information, and database searching experience. Participants include principal investigators, members of Institutional Animal Care and Use Committees, animal care technicians, facility managers, veterinarians, and administrators of animal use programs.
Bayer; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status for Maize Developed Using Genetic Engineering for Dicamba, Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Resistance, With Tissue-Specific Glyphosate Resistance Facilitating the Production of Hybrid Maize Seed
We are advising the public that the Animal and Plant Health Inspection Service (APHIS) plans to prepare an environmental impact statement (EIS) regarding a request from Bayer seeking a determination of nonregulated status for maize developed using genetic engineering for dicamba, glufosinate, quizalofop, and 2,4-dichlorophenoxyacetic acid resistance with tissue-specific glyphosate resistance facilitating the production of hybrid maize seed. APHIS is requesting public comment to help identify alternatives, and relevant information, studies, and/ or analyses APHIS should consider in the EIS.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program Education (SNAP-Ed) Toolkit Intervention Submission Form and Scoring Tool
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is publishing for public comment a summary of a proposed information collection. This is a revision of a currently approved collection.
Rural Energy for America Program
The Rural Business-Cooperative Service (RBCS and/or Agency), a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as the Agency, is publishing this final rule for the Rural Energy for America Program (REAP). The intent of this rule is to remove the provisions relating to guaranteed loans and to make other revisions to enhance program delivery and customer service for the REAP program. Program enhancements that support a greater distribution of funds as well as processing and servicing clarifications are also being incorporated into this update.
U.S. National Arboretum Notice of Intent To Renew Information Collection
The U.S Department of Agriculture (USDA) seeks comments on the intent of the U.S. National Arboretum (USNA) to renew an information collection that expires October 31, 2021. The collection is conducted to obtain information about uses of the facilities, grounds, programs, and services, including information pertaining to the collection of fees for educational programs and workshops, use of the grounds and facilities, and commercial photography and cinematography. Fees generated are used to defray USNA expenses or to promote the USNA mission.
J.R. Simplot Co.: Determination of Nonregulated Status for Z6 Potatoes With Late Blight Protection, Low Acrylamide Potential, Lowered Reducing Sugars, and Reduced Black Spot
We are notifying the public that we have extended our determination of nonregulated status of J.R. Simplot Company's (Simplot's) W8 potato to event Z6 (hereafter Z6 potato). Z6 potato has been developed using genetic engineering for late blight protection, low acrylamide potential, lowered reducing sugars, and reduced black spot using the same construct and method of transformation as W8 potato. Our decision was based on our evaluation of data submitted by Simplot in its request for an extension of a determination of nonregulated status, an analysis of other scientific data, and comments received from the public in response to a previous notice announcing our preliminary determination.
Hiawatha Resource Advisory Committee
The Hiawatha 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 Hiawatha National Forest, consistent with the Federal Lands Recreation Enhancement Act. RAC information and virtual meeting information can be found at the following website: www.fs.usda.gov/main/hiawatha/workingtogether/advisorycommitt ees.
Uinta-Wasatch-Cache National Forest; Utah; Little Cottonwood Canyon Environmental Impact Statement
The Utah Department of Transportation (UDOT) has proposed transportation improvements in and near Little Cottonwood Canyon in Salt Lake City, Utah. Some activities for the proposed action and alternatives would occur on what are currently National Forest System (NFS) lands managed under the 2003 Wasatch-Cache National Forest plan (Forest Plan). This notice is to ensure all persons and entities interested in activities on NFS lands and the Uinta-Wasatch-Cache National Forest are aware of the March 9, 2018 Notice of Intent (NOI), March 5, 2019 Revised NOI, and May 15, 2019 Revised NOI published by the Federal Highway Administration (FHWA) on behalf of UDOT for preparation of an Environmental Impact Statement (EIS) for the proposed transportation improvements.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Modification of Handling Regulations
This proposed rule invites comments on a recommendation from the Idaho-Eastern Oregon Potato Committee (Committee) to revise the size requirements for Irish potatoes grown in certain designated counties of Idaho, and Malheur County, Oregon. The Committee recommended this action to improve the handling and marketing of Idaho- Eastern Oregon potatoes and increase returns to producers.
United States Standards for Beans-Chickpeas
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is proposing to add a new criterionCotyledon Damageto the chickpea/garbanzo bean damage factors in the Bean Inspection Handbook. The damage factors pertain to the class Chickpea/ Garbanzo Beans in the U.S. Standards for Beans under the United States Agricultural Marketing Act (AMA). Stakeholders in the bean processing/ handling industry suggested adding a criterion related to white chalky or wafer-like spots in the cotyledon, which can affect chickpea/ garbanzo bean flavor. This proposal is intended to update inspection procedures to ensure that the bean standards remain relevant to the market. AMS invites interested parties to comment on whether revising the inspection instructions to include the additional damage factor would facilitate the marketing of chickpea/garbanzo beans. This action would not revise or amend the Grade and Grade Requirements for Chickpea/Garbanzo Beans in the U.S. Standards for Beans.
Grain Inspection Advisory Committee Meeting
Pursuant to the Federal Advisory Committee Act, this constitutes notice of the upcoming meeting of the Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise the Secretary on the programs and services delivered by the Agricultural Marketing Service (AMS) under the U.S. Grain Standards Act. Recommendations by the Advisory Committee help AMS meet the needs of its customers, who operate in a dynamic and changing marketplace.
Agency Information Collection Activities: School Meals Operations Study: Evaluation of the COVID-19 Child Nutrition Waivers and Child Nutrition Programs
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for the School Meals Operations (SMO) Study (OMB control number 0584-0607, expiration date 08/31/2022) with updated survey instruments for school year (SY) 2021-2022. This study will collect data from State agencies and public school food authorities (SFAs), including disaggregated administrative data and data on the continued use and effectiveness of the CN COVID-19 waivers.
Supply Chains for the Production of Agricultural Commodities and Food Products
On February 24, 2021, President Biden issued an Executive Order on ``America's Supply Chains,'' which directs several Federal agency actions to secure and strengthen America's supply chains. One of these directions is for the Secretary of Agriculture (the Secretary) to submit, within one year, a report to the President that assesses the supply chains for the production of agricultural commodities and food products. This notice requests comments and information from the public to assist the U.S. Department of Agriculture (USDA) in preparing the report required by the Executive Order. Through this notice, USDA is also requesting public comment to inform our thinking regarding how stimulus relief programs and spending related to food supply chain resilience as authorized by the Consolidated Appropriations Act, 2021 (CAA), and the American Rescue Plan Act of 2021 (ARPA) can help to increase durability and resilience within the U.S. food supply.
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 Mink Survey. The target population will be pulled from the NASS List Frame of operations with positive historical data. The frame is updated with the names of new operations that are found in trade magazines or grower's association's lists. The questionnaires that NASS is planning to use are the same as what was used in previous years. Any additional changes to the questionnaires would result from requests by industry data users.
2021/2022 Rates Charged for AMS Services
The Agricultural Marketing Service (AMS) is announcing the 2021/2022 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, rice, and cotton and tobacco. The 2021/2022 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, nearly two-thirds of AMS user fee rates will remain unchanged from the previous year and a few will decrease, but increases are necessary to many fees to cover costs.
United States Standards for Wheat
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking comments from the public regarding the United States Standards for Wheat 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 wheat standards and grading practices need to be changed.
Cotton Research and Promotion Program: Procedures for Conduct of Sign-Up Period
This direct final rule amends the rules and regulations regarding the procedures for the conduct of a sign-up period for eligible cotton producers and importers to request a continuance referendum on the 1991 amendments to the Cotton Research and Promotion Order (Order) provided for in the Cotton Research and Promotion Act (Act) amendments of 1990. The amendments update various dates, name changes, addresses, and make other administrative changes.
South Central Idaho Resource Advisory Committee
The South Central Idaho 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/main/sawtooth/workingtogether.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Modification of Assessment Rate
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to decrease the portion of assessments allocated to research and promotion activities and increase the portion allocated to administrative expenses. The overall assessment rate remains unchanged. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
El Dorado County Resource Advisory Committee
The El Dorado County 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 the Act. RAC information can be found at the following website: https://www.fs.usda.gov/main/eldorado/ workingtogether/advisorycommittees.
Eastern Idaho Resource Advisory Committee
The Eastern Idaho Resource Advisory Committee (RAC) will meet virtually. 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/ctnf/ workingtogether/advisorycommittees.
Central Idaho Resource Advisory Committee
The Central Idaho 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 Salmon-Challis; Caribou-Targhee; and Sawtooth National Forests within the counties of Butte, Custer, and Lemahi, 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/main/scnf/workingtogether/ advisorycommittees.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2021-2022 Marketing Year
This proposed rule invites comments on a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to establish salable quantities and allotment percentages for Class 1 (Scotch) and Class 3 (Native) spearmint oil produced in Washington, Idaho, Oregon, and designated parts of Nevada and Utah (the Far West) for the 2021-2022 marketing year.
Termination of U.S. Consumer Standards
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is terminating the following 10 U.S. Consumer Standards: The U.S. Consumer Standards for Italian Sprouting Broccoli, U.S. Consumer Standards for Fresh Carrots, U.S. Consumer Standards for Celery Stalks, U.S. Consumer Standards for Husked Corn on the Cob, U.S. Consumer Standards for Fresh Kale, U.S. Consumer Standards for Fresh Spinach Leaves, U.S. Consumer Standards for Brussels Sprouts, U.S. Consumer Standards for Fresh Parsnips, U.S. Consumer Standards for Fresh Turnips, and U.S. Consumer Standards for Beet Greens. This action is part of USDA's work to eliminate regulations that are outdated, unnecessary, ineffective, or impose costs that exceed benefits.
Importation of Fresh Avocado Fruit From Continental Ecuador Into the Continental United States; Reopening of Comment Period
We are reopening the comment period for a proposed rule to allow the importation of commercial avocados from continental Ecuador into the continental United States after taking a new pest into consideration and including additional phytosanitary measures. We are also notifying the public of the availability of a revised pest risk assessment and revised risk management document associated with this notice. This action will allow interested persons additional time to prepare and submit comments.
Notice of Intent To Seek Approval To Reinstate an Information Collection; Correction
In accordance with the Paperwork Reduction Act of 1995, the National Agricultural Statistics Service (NASS) published a correction notice in the Federal Register of April 12, 2021, concerning the intention of NASS to seek reinstatement of an information collection, the 2022 Census of Agriculture. The document contained an incorrect date.
Codex Alimentarius Commission: Meeting of the Codex Committee on Pesticide Residues
The U.S. Codex Office is sponsoring a public meeting on June 17, 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 Pesticide Residues (CCPR) of the Codex Alimentarius Commission, which will convene virtually on July 26-31, 2021. 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 52nd Session of the CCPR and to address items on the agenda.
Tomatoes Grown in Florida; Modification of Handling Requirements; Withdrawal
The U.S. Department of Agriculture withdraws a proposed rule recommended by the Florida Tomato Committee (Committee) to revise the exemption, container, and definition sections under the Marketing Order's handling requirements and to update language to reflect current industry practices. After reviewing and considering the comments received, the proposed rule is being withdrawn.
Soybean Promotion and Research: Adjusting Representation on the United Soybean Board
This proposed rule would adjust the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was last reapportioned in 2018. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership on the Board is reviewed every 3 years and adjustments are made accordingly. This proposed change would result in a decrease in Board membership for one State, decreasing the total number of Board members from 78 to 77. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective with the Secretary of Agriculture's (Secretary) appointments for terms in the year 2022. This proposed rule would also correct the number of States and units to the Order. Technical corrections to the regulations would adjust the number of States and units from 30 to 31.
Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
NRCS is announcing the reopening and 2-week extension of the comment period to give the public an opportunity to provide comments on specified conservation practice standards in National Handbook of Conservation Practices (NHCP). The comment period will end on April 22, 2021.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Gypsy Moth Host Materials From Canada
We are reopening the comment period for our notice announcing 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 to prevent the introduction of gypsy moth from Canada into noninfested areas of the United States. We are taking this action to allow interested persons the opportunity to prepare and submit comments.
Notice of Request for Renewal of an Approved Information Collection (Voluntary Recalls of Meat, Poultry, and Egg Products)
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 renew the approved information collection regarding voluntary recalls from commerce of meat, poultry, and egg products. There are no changes to the existing burden estimates for this information collection. The approval for this information collection will expire on September 30, 2021.
Notice of Request for Revision of an Approved Information Collection (Public Health Information 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 Public Health Information System (PHIS). The Agency has increased the burden estimate by 433 hours due to the addition of the FSIS Form 9060-5EP, Egg Products Export Certificate of Wholesomeness. FSIS is currently issuing FSIS Form 9060-5 (meat and poultry) and 9060-5S (Siluriformes) export certificates for 38 countries and territories through the PHIS export component (i.e., providing an electronic export certificate application for exporters and the FSIS Form 9060-5/5S printed on security paper). At this time, FSIS is seeking OMB approval to collect information for the existing paper FSIS Form 9060-5EP. FSIS will request additional approval for the electronic collection of information when egg products are added into the PHIS export component. FSIS will announce its plans to add egg products to the PHIS export component through a subsequent notice to the public, likely through the Agency's Constituent Update. The approval for this information collection will expire on August 31, 2022.
Notice of Request To Revise an Approved Information Collection (Requirements To Notify FSIS of Adulterated or Misbranded Product, Prepare and Maintain Written Recall Procedures, and Document Certain HACCP Plan Reassessments)
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 requirements for official establishments to notify FSIS of adulterated or misbranded product, prepare and maintain written recall procedures, and document certain HACCP plan reassessments. The approval for this information collection will expire on September 30, 2021. FSIS has decreased the burden estimate for this collection by 37,515 hours due to more recent, updated information. The public may comment on either the entire information collection or on one of its three parts.
Notice of Request for Renewal of an Approved Information Collection (Animal Disposition Reporting)
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 renew the approved information collection for animal disposition reporting in the Public Health Information System. There are no changes to the existing information collection. The approval for this information collection will expire on September 30, 2021.
Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Continuance Referendum
This document directs that a referendum be conducted among eligible growers of pecans grown in the states of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas to determine whether they favor continuance of the marketing order regulating the handling of pecans produced in the production area.
Revision of a Currently Approved 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 (OMB), for a revision of a currently approved collection for the Regulations Governing the Inspection and Grading of Manufactured or Processed Dairy ProductsRecordkeeping (Subpart B).
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