Department of Agriculture January 2022 – Federal Register Recent Federal Regulation Documents

This agenda provides summary descriptions of significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders 12866, ``Regulatory Planning and Review,'' 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 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.

Mary Erickson, the Forest Supervisor for the Custer Gallatin National Forest, Northern Region, signed the record of decision (ROD) for the Revised Land Management Plan (Land Management Plan) for the Custer Gallatin National Forest. The ROD documents the rationale for approving the Land Management Plan and is consistent with the Reviewing Official's response to objections and instructions.

The Rural Business-Cooperative Service (RBCS or Agency), an agency of the United States Department of Agriculture (USDA), published a Notice of Funding Opportunity (NOFO) in the Federal Register on December 13, 2021, entitled Notice of Funding Opportunity for the Biofuel Producer Program for Fiscal Year 2021, to announce the application window, application requirements and the availability of up to $700 million in payments to eligible biofuel producers for unexpected market losses as a result of COVID-19 in order to maintain a viable and significant biofuels market for agricultural producers that supply biofuel producers. This notice will amend Sections A, D and E of the NOFO to include production to meet marketing obligations or fulfill or maintain essential markets in the calculations of a biofuel producer's market losses as a result of COVID-19.

On October 18, 2021, the Food and Nutrition Service revised rules concerning meal pattern tables for the National School Lunch Program and the Child and Adult Care Food Program. The document contained incorrect table entries. This document corrects the final regulations.

The United States Department of Agriculture published a notice of solicitation of nominations for memberships to announce the opening of the solicitation for nominations to fill vacancies on the National Agricultural Research, Extension, Education, and Economics (NAREEE) Advisory Board and its committees and subcommittees for Fiscal Year 2023 and any vacancies that may occur in the current fiscal year in the Federal Register on January 14, 2022 [FR Doc. 2022-00650 Filed 1-13-22; 8:45 a.m.]. This correction Notice (correction) is being issued to direct individuals to the new website link location for the application form (AD-755 Form) https://www.usda.gov/sites/default/files/documents/ ad-755.pdf on USDA's website.

This notice announces the U.S. Department of Agriculture's (USDA) intention to request an extension and a revision to the currently approved Advisory Committee and Research and Promotion Background Information AD-755 Supplemental ListAgricultural Marketing Service (AMS) Commodity Specific Questionnaire. The revised form allows applicants to answer whether the individual is a veteran, has a disability/impairment; further defines current membership terms with the term start and end dates when serving on a USDA federal advisory committee, council, or board; rearranged the preferred name on official correspondence to legal name section; requires an applicant to print name; provides an update to the most recent USDA equal employment opportunity statement; and adds a reset button to the form. The primary objective is to determine the qualifications, suitability and availability of a candidate to serve on advisory committees and/or research and promotion boards.

This rulemaking proposes amendments to Marketing Order No. 925, which regulates the handling of grapes grown in a designated area of southeastern California. The proposed amendments would change the California Desert Grape Administrative Committee's (Committee) size, and its quorum and voting requirements.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval, from the Office of Management and Budget, for a reinstatement with revision to the previously approved information collection under the United States Warehouse Act (USWA).

The Forest Service, U.S. Department of Agriculture, is revising the Nantahala and Pisgah National Forests' Land Management Plan (Forest Plan). The Forest Service has prepared a Final Environmental Impact Statement (FEIS) for its revised Forest Plan, and a draft Record of Decision (ROD). This notice is to inform the public that the National Forests in North Carolina is initiating a 60-day period where individuals or entities with specific concerns about the Nantahala and Pisgah National Forests' revised Forest Plan and the associated FEIS may file objections for Forest Service review prior to the approval of the revised Forest Plan. This is also an opportunity to object to the Regional Forester's list of species of conservation concern for the Nantahala and Pisgah National Forests.

In accordance with Section 3(b) of the Wild and Scenic Rivers Act, the Forest Service, U.S. Department of Agriculture, is transmitting the final boundary of the Clackamas National Wild and Scenic River to Congress.

The Rural Housing Service (RHS), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), announces the availability of $1 million in grant funding, and the timeframe to submit applications for Off-Farm Labor Housing Technical Assistance (Off-FLH TA) grants. This NOFA solicits applications from eligible private and public nonprofit (NP) agencies to provide technical assistance (TA) to organizations and groups qualified to apply for Section 514 Off-Farm Labor Housing (Off-FLH) loans and Section 516 Off- FLH grants. Work performed under these grants is expected to increase the availability of decent, safe, and sanitary housing for farm laborers.

The Rural Business-Cooperative Service (Agency) announces the availability of up to $10 million in competitive grants awarded to Rural Energy Community Partnerships (RECP) to further develop renewable energy to help meet our nation's energy needs and combat climate change while prioritizing environmental justice, racial equity, and economic opportunity. Cost-share grants of up to 80 percent of total eligible project costs but not more than $2 million will be made available to assist eligible entities with planning, installing, equipping, and maintaining community scale distributed renewable energy technologies, systems and resources.

This notice announces the Office of Partnerships and Public Engagement intention to request an extension with change for a currently approved information collection for the United States Department of Agriculture (USDA)/1890 National Scholars Program.

The Bridger-Teton National Forest (BTNF) is preparing an Environmental Impact Statement (EIS) for the Dell Creek and Forest Park Feedgrounds: Long-Term Special Use Permit project. The Wyoming Game and Fish Commission (WGFC) has applied for continued use of facilities on National Forest System lands to conduct their elk management activities, including providing hay to wintering elk at Dell Creek and Forest Park feedgrounds between mid-November and the end of April. The Dell Creek feedground is in the Big Piney Ranger District on Dell Creek Road (Forest Service Road 30600) about 4 miles east of Highway 191/189, in Bondurant, Wyoming, and has been maintained by the WGFC under a Forest Service special use permit since 1975. The Forest Park feedground is in the Greys River Ranger District along the Greys River Road (Forest Service Road 10138) about 33 miles from Alpine, Wyoming, and has been maintained by the WGFC under a Forest Service special use permit since 1979. The Forest Service action is to determine whether to authorize the requested long-term use and if so, under what conditions.

This notice is to invite applications for grants to provide Technical Assistance for passenger Rural Transportation (RT) systems under the Rural Business Development Grant (RBDG) program and the terms for such funding. Grant funds will provide Technical Assistance for RT systems including designated funds to provide Technical Assistance to RT systems operating within tribal lands of Federally Recognized Native American Tribes (FRNAT) (collectively ``Programs''). This notice is being issued in order to allow applicants sufficient time to leverage financing, prepare and submit their applications and give the Agency time to process applications within fiscal year (FY) 2022. Successful applications will be selected by the Agency for funding and subsequently awarded to the extent that funding may ultimately be made available through appropriations. An announcement on the website at: https://www.rd.usda.gov/newsroom/notices-solicitation-applica tions- nosas will identify the amount received in the appropriations. All applicants are responsible for any expenses incurred in developing their applications.

This notice announces the members of the Senior Executive Service (SES) and Senior Level (SL) and Scientific or Professional (ST) Performance Review Boards (PRBs). Agriculture has two PRBs with representatives from each USDA Mission Area. The PRBs are comprised of a Chairperson and a mix of career and noncareer senior executives and senior professionals that meet annually to review and evaluate performance appraisal documents. The PRB provides a written recommendation to the Secretary for final approval of each executive's performance rating, performance-based pay adjustment, and performance award. The PRBs are advised by the Office of Human Resources Management, Office of the General Counsel, and Office of the Assistant Secretary for Civil Rights to ensure compliance with laws and regulations.

The Dixie National Forest is withdrawing its notice of intent (NOI) to prepare an environmental impact statement (EIS) for the Powell Travel Management Project on the Powell Ranger District. The original NOI was published in the Federal Register on January 8, 2015. The Dixie National Forest's decision to withdraw the NOI is based on several factors, including regional and national budget allocations and prioritization of agency resources.

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Office of the Assistant Secretary for Civil Rights (OASCR), a component within the United States Department of Agriculture (USDA or ``the Department''), proposes to develop a new system of records notice titled, ``USDA Reasonable Accommodations and Personal Assistance Services (RAPAS).'' USDA/RAPAS-01 proposes to establish this system of records to allow USDA and its mission areas and agencies to collect and maintain records on: Applicants for employment who have disabilities; individuals with disabilities to facilitate their participation in a USDA program or activity, including attendance at a meeting, training, conference or other USDA-sponsored event at either a USDA facility or outside USDA employees who seek accommodations to allow them to perform the essential functions of their job; employees with disabilities who request or receive reasonable accommodation as required by the Department as the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as amended by the Americans with Disabilities Amendment Act of 2008 (ADAAA); individuals who receive accommodations under the Family Medical Leave Act, and individuals who request or receive accommodations under Title VII of the Civil Rights Act of 1964. Another purpose of this system is to track and report the processing of USDA-wide requests for reasonable accommodation while ensuring compliance with applicable laws and regulations, including confidentiality requirements protecting information individuals submit in support of accommodation requests.

The Stanislaus National Forest is proposing to charge new fees at nine recreation sites and proposing one recreation permit listed in SUPPLEMENTARY INFORMATION of this notice. Funds from fees/permit would be used for operation, maintenance, and improvements of these recreation sites. An analysis of nearby developed recreation sites with similar amenities shows the proposed fees are reasonable and typical of similar sites in the area.

The Beaverhead-Deerlodge National Forest is proposing to charge new fees at 36 recreation sites listed in SUPPLEMENTARY INFORMATION of this notice. Funds from fees would be used for operation, maintenance, and improvements of these recreation sites. An analysis of nearby developed recreation sites with similar amenities shows the proposed fees are reasonable and typical of similar sites in the area.

The Carson National Forest is proposing to charge new fees at 14 recreation sites listed in SUPPLEMENTARY INFORMATION of this notice. Funds from fees would be used for operation, maintenance, and improvements of these recreation sites. An analysis of nearby developed recreation sites with similar amenities shows the proposed fees are reasonable and typical of similar sites in the area.