Department of Agriculture December 2022 – Federal Register Recent Federal Regulation Documents
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Directive Publication Notice
The Forest Service, U.S. Department of Agriculture, provides direction to employees through issuances in its Directive System, comprised of the Forest Service Manual and Forest Service Handbooks. The Agency must provide public notice of and opportunity to comment on any directives that formulate standards, criteria, or guidelines applicable to Forest Service programs. Once per quarter, the Agency provides advance notice of proposed and interim directives that will be made available for public comment during the next three months and notice of final directives issued in the last three months.
Southwest Montana Resource Advisory Committee
The Southwest Montana Resource Advisory Committee (RAC) will have a hybrid meeting, with the option to attend virtually or in- person. 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 and virtual meeting information can be found at the following website: https:// www.fs.usda.gov/main/bdnf/workingtogether/advisorycommittees.
Tri County Resource Advisory Committee
The Tri County Resource Advisory Committee (RAC) will have a hybrid meeting, with the option to attend virtually or in-person. 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 and virtual meeting information can be found at the following website: https:// www.fs.usda.gov/main/bdnf/workingtogether/advisorycommittees.
Advisory Committee on Minority Farmers
Pursuant to the Federal Advisory Committee Act (FACA), the Office of Partnerships and Public Engagement (OPPE) is announcing a meeting of the Advisory Committee on Minority Farmers (ACMF). USDA Secretary Vilsack is committed to actions that enhance minority farmers' ability to produce and thrive as businesses through USDA's customer service enhancements, expanded outreach, technical assistance, and capacity building. To that end, the ACMF will likewise recommend action-oriented strategies for maximizing the participation of minority farmers by leveraging those programs that ensure a food secure nation and effectively steward our natural resources. These principals will usher in business growth and opportunity for those minority agricultural communities plagued with fragile economies in decline.
Notice of Intent To Prepare an Environmental Impact Statement for the West Fork Battle Creek Watershed Plan, Carbon County, Wyoming
The Natural Resources Conservation Service (NRCS) Wyoming State Office, in coordination with the USDA Forest Service and the U.S. Army Corps of Engineers (USACE), announces its intent to prepare an EIS for the West Fork Battle Creek Watershed Plan in the proximity of Savery-Little Snake River in Wyoming. The proposed Watershed Plan includes construction of a dam and reservoir on the West Fork of Battle Creek to provide for rural agricultural water management. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the Proposed Action from all interested individuals, Federal and State Agencies, and Tribes.
State University of New York College of Environmental Science and Forestry; Availability of a Draft Environmental Impact Statement and Draft Plant Pest Risk Assessment for Determination of Nonregulated Status for Blight-Tolerant Darling 58 American Chestnut (Castanea dentata) Developed Using Genetic Engineering
We are advising the public that we are extending the comment period on a notice of availability of a draft environmental impact statement and draft plant pest risk assessment evaluating the potential environmental impacts and plant pest risk that may result from the approval of a petition for nonregulated status for blight-tolerant Darling 58 American chestnut (Castanea dentata) from the State University of New York College of Environmental Science and Forestry. This action will allow interested persons additional time to prepare and submit comments.
Notice of a Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act, this notice announces the Foreign Agricultural Service's intention to request an extension of a currently approved information collection relating to the issuance of certificates of quota eligibility (CQEs) required to enter sugar and sugar-containing products under tariff-rate quotas (TRQs) into the United States.
Information Collection Request; Application for Payment of Amounts Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent
The Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are making a correction to the notice that was published on December 6, 2022. We are making a minor correction specifically in the description of the information collection request section to correct a typographical error in a number.
Streamlining Program Requirements and Improving Integrity in the Summer Food Service Program; Correction
The Food and Nutrition Service (FNS) is correcting regulations that published in a final rule in the Federal Register of September 19, 2022, and went into effect in the Code of Federal Regulations (CFR) on October 1, 2022. The rule amended the Summer Food Service Program (SFSP) regulations to strengthen program integrity by clarifying, simplifying, and streamlining program administration to facilitate compliance with program requirements.
2023 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees
FSIS is announcing the 2023 rates it will charge meat and poultry establishments, egg products plants, and importers and exporters for providing voluntary, overtime, and holiday inspection and identification, certification, and laboratory services. Additionally, FSIS is announcing that there will be no changes to the fee FSIS assesses to exporters that choose to apply for export certificates electronically through the export component of the Agency's Public Health Information System. The 2023 basetime, overtime, holiday, and laboratory services rates will be applied on January 1, 2023.
Agency Information Collection Activities: Healthy Meals Incentives Recognition Awards Application for School Food Authorities
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 is a new collection for the Healthy Meals Incentives Recognition Awards Application. The Recognition Awards will recognize School Food Authorities (SFAs) that have made significant improvements to the nutritional quality of their school meals by exceeding the transitional school meal pattern requirements, engaging students, and implementing innovative practices. SFAs can apply to one or more Recognition Awards included in the Application form.
Agency Information Collection Activities: Comment Request
Economic Research Service (ERS) within US Department of Agriculture (USDA) invites the general public and other Federal agencies to comment on a proposed information collection. ERS plans to collect information from the public to fulfill its data security requirements when providing access to restricted use microdata for the purpose of evidence building. ERS's data security agreements and other paperwork along with the corresponding security protocols allow ERS to maintain careful controls on confidentiality and privacy, as required by law. The purpose of this notice is to allow for 60 days of public comment on the proposed data security information collection, prior to submission of the information collection request (ICR) to the Office of Management and Budget (OMB).
Notice of Intent To Request To Conduct a New 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 conduct a new information collection to gather data regarding production practices, costs and returns, and contractor expenses. This data is currently being collected under OMB number 0535-0218.
Notice of Intent To Seek Approval To Revise and Extend 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 Resources Management Survey (ARMS), phases 1 and 2 as well as Chemical Use Surveys. All phases of the Agricultural Resources Management Survey(s) are included in the current OMB Control Number 0535-0218, but this information collection renewal request will only include the ARMS phases 1 and 2 as well as Chemical Use Surveys. The ARMS phase 3 surveys will be moved to a separate information collection request. Splitting these surveys across multiple information collections will allow USDA and cooperators more flexibility for changes to best address current trends in the farming industry. A revision to burden hours will be needed due to this separation as well as changes in the size of the target population, sampling design, and/or questionnaire length.
Information Collection: Infrastructure Investment and Jobs Act Financial Assistance to Facilities That Purchase and Process Byproducts for Ecosystem Restoration (CFDA 10.725) Wood Products Infrastructure Assistance (WPIA)
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with no revision of a currently approved information collection, Infrastructure Investment and Jobs Act Financial Assistance to Facilities that Purchase and Process Byproducts for Ecosystem Restoration (CFDA 10.725) Wood Products Infrastructure Assistance (WPIA).
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 revision of the National Woodland Owner Survey information collection.
Information Collection; Temporary Bridge Funding Opportunity Program
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, Temporary Bridge Funding Opportunity Program.
Uniform Compliance Date for Food Labeling Regulations
FSIS is establishing January 1, 2026, as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2023, and December 31, 2024. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.
Notice of Request for Extension of Approval of an Information Collection; Veterinary Services Field Operations Services Customer Service Survey Project
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 to evaluate service delivery by Veterinary Services Field Operations Service Centers to the public.
Notice of Solicitation of Applications for the Rural Business Development Grant Programs for Fiscal Year 2023; Correction
The Rural Business-Cooperative Service (RBCS or the Agency), an agency of the United States Department of Agriculture (USDA), published a Notice of Solicitation of Applications (NOSA) in the Federal Register (FR) on November 23, 2022, entitled Notice of Solicitation of Applications for the Rural Business Development Grant Programs for Fiscal Year 2023 to announce that it was accepting applications for Fiscal Year (FY) 2023 and the availability of approximately $46,000,000 in competitive grants. In addition, the NOSA described requirements that are determined at the time a funding announcement is published, as outlined in the program regulation. This notice will amend Section D.5 of the NOSA to clarify that Intergovernmental Review under Executive Order 12372 is required for this program.
Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
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 the NHCP.
Notice of Solicitation of Applications for the Rural Energy for America Program for Fiscal Year 2023
The Rural Business-Cooperative Service (the Agency) Notice of Solicitation of Applications (NOSA) announces the acceptance of grant, guaranteed loan, and combined grant and guaranteed loan applications under the Rural Energy for America Program (REAP). The REAP program helps agricultural producers and rural small businesses reduce energy costs and consumption and helps meet the Nation's critical energy needs. Applications for REAP may be submitted at any time throughout the year. This notice announces the deadlines, dates, and times that applications must be received in order to be considered for federal Fiscal Year (FY) 2023 REAP funds. The NOSA is being issued prior to passage of a final appropriations act for FY 2023 to allow potential applicants time to submit applications for financial assistance under the program and to give the Agency time to process applications within the current FY. All REAP applications competing for FY 2023 funding will be evaluated and scored according to the provisions listed in this Notice, unless otherwise amended via a subsequent FY 2023 Notice. Applicants who have already filed REAP applications for FY 2023 will be allowed to modify their application to revise the amount of grant requested and project budget and to provide additional information if necessary for application evaluation and scoring; the modification will not be treated as a new application, nor will it alter the submission date of record if there are no changes to the scope of the project. A planned second notice for FY 2023 is expected to address such matters as additional application deadlines, dates, and times, scoring modifications, as well as additional funding, including technical assistance and an amendment to the Federal grant portion not to exceed 50 percent of total eligible project costs per Inflation Reduction Act language.
Walnut Crop Insurance Provisions; Correction
On October 25, 2022, the Federal Crop Insurance Corporation (FCIC) revised the Walnut Crop Insurance Provisions. That final rule contained an incorrect instruction in the Settlement of Claim section. This document makes the correction.
Notice of Request for Extension of Approval of an Information Collection; Phytosanitary Export Certification
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 regulations for the issuance of phytosanitary certificates for plants or plant products being exported to foreign countries.
Notice of Request for Extension of Approval of an Information Collection; Case-Control Study on Highly Pathogenic Avian Influenza in Turkeys
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 case-control study on highly pathogenic avian influenza in U.S. commercial turkey flocks.
Notice of Intent To Prepare an Environmental Impact Statement for the McGriff Lakes-Sutter Basin Watershed Flood Control and Flood Safety Project Sutter County, California
The Natural Resources Conservation Service (NRCS) California State Office announces its intent to prepare an EIS for the McGriff LakesSutter Basin Watershed Flood Control and Flood Safety Project, which is located approximately 30 miles northwest of Sacramento in the proximity of Knights Landing, California. NRCS is requesting comments to identify significant issues and alternatives to be addressed in the EIS from all interested individuals, Tribes, and Federal, State and local Agencies and jurisdictions. The EIS process will examine alternative solutions to modernize the existing Karnak Drainage Facility, portions of which are over 100 years old, to continue to provide reliable flood protection for the Reclamation District No. 1500 (RD 1500) service area. The Reclamation District service area includes over 60,000 acres of agricultural farmland, the community of Robbins and surrounding rural areas, and California State Route 113, a designated emergency route through the watershed. The primary purpose for this watershed plan is to provide reliable and long-term flood prevention and damage reduction to the RD 1500 service area and improve public safety and emergency access. Although the existing Karnak Drainage Facility has been well maintained, the required repairs for the pump stations are becoming more costly while the reliability of the facility is decreasing because parts needed for repair and continued operation are no longer available and must be custom fabricated. The aging infrastructure and lack of parts availability puts all land within the RD1500 service area at risk in the event of a significant rainfall event. Without adequate and reliable flood control, millions of dollars in agricultural products would be at risk, the designated emergency route would be in jeopardy of flood closures, and substantial property damage and potential loss of life are possible in the community of Robbins and surrounding areas.
Notice of Intent To Prepare an Environmental Impact Statement for the North Branch Park River Watershed Plan, North Dakota
The Natural Resources Conservation Service (NRCS) North Dakota State Office, announces its intent to prepare an EIS for the North Branch Park River Watershed located within Pembina, Walsh, and Cavalier Counties, North Dakota. NRCS will examine alternative solutions through the EIS process to provide flood damage reduction and watershed protection. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the Proposed Action from all interested individuals, Federal and State Agencies and Tribes.
Notice of Proposed Revision to Requirements for the Importation of Grapes From Chile Into the United States
We are extending the comment period for a notice of availability of a pest risk assessment and a commodity import evaluation document that we have prepared relative to the importation into the United States of fresh table grapes from regions of Chile where European grapevine moth (Lobesia botrana) is either absent or at very low prevalence. This action will allow interested persons additional time to prepare and submit comments.
Central Montana Resource Advisory Committee
The Central Montana Resource Advisory Committee (RAC) will hold a public meeting according to the details shown below. 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 Title II of the Act, as well as make recommendations on recreation fee proposals for sites on the Helena-Lewis and Clark National Forest, consistent with the Federal Lands Recreation Enhancement Act. General information and meeting details can be found at the following website: https://www.fs.usda.gov/main/hlcnf/ workingtogether/advisorycommittees.
Secure Rural Schools Resource Advisory Committees
The United States Department of Agriculture (USDA), Forest Service is seeking nominations for the Secure Rural School Resource Advisory Committees (SRS RACs) pursuant to the Secure Rural Schools and Community Self-Determination Act (the Act) and the Federal Advisory Committee Act (FACA). Additional information on the SRS RACs can be found by visiting the SRS RACs website at: https://www.fs.usda.gov/ working-with-us/secure-rural-schools.
Florida National Forests Resource Advisory Committee
The Florida National Forests Resource Advisory Committee (RAC) will hold a public meeting according to the details shown below. 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 title II of the Act, as well as make recommendations on recreation fee proposals for sites on the National Forests in Florida, consistent with the Federal Lands Recreation Enhancement Act. General information and meeting details can be found at the following website: National Forests in FloridaAdvisory Committees (usda.gov).
Black Hills National Forest Advisory Board
The Black Hills National Forest Advisory Board (NFAB) will hold a public meeting according to the details shown below. The committee is authorized under the Forest and Rangeland Renewable Resources Planning Act of 1974, the National Forest Management Act of 1976, the Federal Public Lands Recreation Enhancement Act, and operates in compliance with the Federal Advisory Committee Act (FACA). The purpose of the committee is to to provide advice and recommendations on a broad range of forest issues such as forest plan revisions or amendments, forest health including fire, insect and disease, travel management, forest monitoring and evaluation, recreation fees, and site specific projects having forest-wide immplications. General information can be found at the following website: https://www.fs.usda.gov/main/ blackhills/workingtogether/advisorycommittees.
Multi-Family Housing Simple Transfer Pilot Program
The Rural Housing Service (RHS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is announcing the implementation of a pilot program for simple transfers of USDA Section 515 Rural Rental Housing properties. The Agency's intention is to evaluate the existing regulations and remove regulatory barriers to reduce application requirements for certain types of transfers, resulting in lower transaction-related costs for applicants and improved processing times.
Notice of Request for Extension of Approval of an Information Collection; Imports 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 regulations for the importation of live fish, fertilized eggs, and gametes from tilapia lake virus-susceptible species into the United States.
Regulations Governing Inspection Certification of Fresh & Processed Fruits, Vegetables, & Other Products; Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) for an extension of a currently approved information collection for Regulations Governing Inspection Certification of Fresh & Processed Fruits, Vegetables, & Other Products.
Cattle Contracts Library Pilot Program
This rule establishes the Cattle Contracts Library pilot program. Under this pilot program, the Agricultural Marketing Service will collect, maintain, and report aggregated information on contracts between packers and cattle producers for the purchase of fed cattle. The library will include different types of contracts and contract terms, including contract terms on any schedules of premiums or discounts, delivery and transportation, terms and payments, financing, risk-sharing or profit sharing, and other financial arrangements. In addition to contract term information, the Agricultural Marketing Service will also report on the number of head of cattle purchased under these contracts.
Boundary Establishment for East Fork Hood River National Wild and Scenic River, Mt. Hood National Forest, Hood River County, Oregon
In accordance with Section 3(b) of the Wild and Scenic Rivers Act, the USDA Forest Service, Washington Office, is transmitting the final boundary of East Fork Hood River National Wild and Scenic River to Congress. The East Fork Hood River Wild and Scenic River boundary description is available for review on https://www.fs.usda.gov/main/ mthood/landmanagement/planning.
Boundary Establishment for the Paint National Wild and Scenic River, Ottawa National Forest, Iron and Gogebic Counties, Michigan
In accordance with Section 3(b) of the Wild and Scenic Rivers Act, the USDA Forest Service, Washington Office, is transmitting the final boundary of Paint Wild and Scenic River to Congress. The Paint Wild and Scenic River boundary description is available for review at: https://www.fs.usda.gov/activity/ottawa/recreation/wateractiv ities.
Alabama Resource Advisory Committee
The Alabama Resource Advisory Committee (RAC) will hold a public meeting according to the details shown below. 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 Title II of the Act, as well as make recommendations on recreation fee proposals for sites on the National Forests in Alabama, consistent with the Federal Lands Recreation Enhancement Act. General information and meeting details can be found at the following website: https://www.fs.usda.gov/main/alabama/workingtogether/ advisorycommittees.
Boundary Establishment for East Branch of the Tahquamenon National Wild and Scenic River, Hiawatha National Forest, Chippewa County, Michigan
In accordance with Section 3(b) of the Wild and Scenic Rivers Act, the USDA Forest Service, Washington Office, is transmitting the final boundary of East Branch of the Tahquamenon National Wild and Scenic River to Congress. The East Branch of the Tahquamenon Wild and Scenic River boundary description is available for review at: https:// www.fs.usda.gov/activity/hiawatha/recreation/wateractivities.
Nez Perce-Clearwater National Forests; Idaho; Hungry Ridge Restoration Project
The USDA Forest Service is giving notice of its intent to prepare a Supplemental Environmental Impact Statement (SEIS) for the Hungry Ridge Restoration Project on the Salmon River Ranger District of the Nez Perce-Clearwater National Forests, in Idaho. The Forest Supervisor plans to prepare a SEIS to further evaluate old growth and cumulative effects under National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA) consistent with Case No. 3:21- cv-00189-CWD Memorandum and Decision Order (June 24, 2022).
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