Department of Agriculture June 2023 – Federal Register Recent Federal Regulation Documents
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Notice of Request To Revise an Approved Information Collection: Accreditation of Laboratories, Transactions and Exemptions
In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, FSIS is announcing its intention to request a revision of the approved information collection for the accreditation of laboratories; transactions with official meat and poultry establishments, egg products processing plants, and other firms; and exemptions from requirements of the Federal Meat Inspection Act and the Poultry Products Inspection Act. FSIS has reduced the burden estimate for this collection by 13 hours based on updated information for the accreditation of laboratories. The approval for this information collection will expire on November 30, 2023.
Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
The Natural Resources Conservation Service (NRCS) is revising specific conservation practice standards in the National Handbook of Conservation Practices (NHCP). This notice provides an overview of the planned changes and gives the public an opportunity to offer comments on the proposed changes to the specific conservation practice standards.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Live Swine, Pork and Pork Products, and Swine Semen From the European Union
In accordance with the Paperwork Reduction Act of 1995, this notice announces 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 importation of live animals, animal germplasm, and animal products into the United States from the European Union.
Actual Production History (APH) and Other Crop Insurance Transparency
The Federal Crop Insurance Corporation (FCIC) is amending its regulations to incorporate existing actual production history (APH) requirements into the policy to enhance and improve accessibility, clarity, and transparency for the producer. FCIC is also incorporating existing same year production reporting (SYPR) rules into the policy, clarifying prevented planting rules, incorporating the High-Risk Alternate Coverage Endorsement (HR-ACE) into the policy, clarifying double cropping requirements when another plan of insurance does not require records of acreage and production, and updating organic provisions. In this rule, FCIC is authorizing the availability of enterprise units (EU) and whole farm units (WFU) to be designated in the actuarial documents. The changes to the crop insurance policies resulting from the amendments in this rule are applicable for the 2024 and succeeding crop years for crops with a contract change date on or after June 30, 2023. For all other crops, the changes to the policies made in this rule are applicable for the 2025 and succeeding crop years.
Notice of Decision To Authorize the Importation of Fresh Leaves and Stems of Garland Chrysanthemum From Mexico Into the Continental United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands
We are advising the public of our decision to authorize the importation into the continental United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands of fresh leaves and stems of Garland Chrysanthemum (Glebionis coronarium) from Mexico. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, 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 leaves and stems of Garland Chrysanthemum from Mexico.
Notice of Funding Opportunity for the Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Years 2023 and 2024
The Rural Business-Cooperative Service (RBCS or the Agency), a Rural Development agency of the United States Department of Agriculture (USDA), announces the availability of approximately $450 million, under section 22003 of the Inflation Reduction Act of 2022, in competitive grants to eligible entities for activities designed to expand the sales and use of renewable fuels under the Higher Blends Infrastructure Incentive Program (HBIIP). Cost-share grants of up to 75 percent of total eligible project costs, but not more than $5 million, will be made available to assist transportation fueling facilities and fuel distribution facilities with converting to higher blend friendly status for ethanol (i.e., greater than 10 percent ethanol) and biodiesel (greater than 5 percent biodiesel) by sharing the costs related to the installation, and/or retrofitting, and/or otherwise upgrading of fuel dispenser or pumps and related equipment, storage tank system components, and other required infrastructure. All applicants are responsible for expenses incurred in developing their applications.
Intent To Establish the Tribal Advisory Committee and Solicitation of Nominations for Membership to the Committee
In accordance with section 12303 of the Agriculture Improvement Act of 2018 and the Federal Advisory Committee Act, as amended, the United States Department of Agriculture announces its intent to establish of the Tribal Advisory Committee by the Secretary of Agriculture. The Tribal Advisory Committee will advise the Secretary on matters related to Tribal and Indian affairs. The Tribal Advisory Committee will be governed by the provisions of FACA as applicable. Duration of the Tribal Advisory Committee is required by legislation to be permanent, and the Charter will be renewed biannually by the Secretary of Agriculture. This notice also solicits for nominations for membership on the Tribal Advisory Committee.
Washington Apricots; Termination of Marketing Order
This final rule terminates Federal Marketing Order No. 922 (the Order) regulating the handling of apricots grown in designated counties in Washington, and the rules and regulations issued thereunder. This final rule also removes the Order from the Code of Federal Regulations. The United States Department of Agriculture (USDA) has determined the Order is no longer necessary to maintain orderly marketing conditions.
Preserving Trust Benefits Under the Packers and Stockyards Act
This final rule revises the Packers and Stockyards regulations to provide instructions for livestock sellers who desire to preserve their interest in the statutory livestock dealer trust under the Packers and Stockyards Act (Act). This rule adds procedures and timeframes for a livestock seller to notify the livestock dealer and the Secretary of Agriculture (Secretary) that the seller has not received full payment for livestock purchased by the dealer and that the seller intends to preserve its trust interests. Additionally, this rule provides that livestock dealers with average annual purchases over $100,000 are required to obtain written acknowledgement from livestock sellers that trust benefits do not pertain to credit sales. This rule provides further that livestock dealers are required to maintain records related to credit sales. These revisions to the Packers and Stockyards regulations reflect recent amendments to the Act that provide for a livestock dealer trust.
Agency Information Collection Activities: WIC Participant and Program Characteristics 2024 & 2026 Study
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 for the WIC Participant and Program Characteristics 2024 and 2026 Study.
Notice of Funding Opportunity for Calendar Year 2022 Disaster Water Grants Program for Fiscal Year 2023; Water and Environmental Programs
The Rural Utilities Service (RUS or Agency), a Rural Development (RD) mission area of the United States Department of Agriculture (USDA), announces the acceptance of applications under the Calendar Year (CY) 2022 Disaster Water Grants Program for Fiscal Year (FY) 2023. The Agency will have at least $247,250,000 in grant funding through the Disaster Relief Supplemental Appropriations Act, 2023. Grant funds will be made available to qualified, rural applicants to pay for necessary expenses related to water infrastructure systems damaged by events that occurred during CY 2022 and were recognized through Presidentially Declared Disasters. All applicants are responsible for any expenses incurred in developing their applications.
Notice of a Request for 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 Foreign Agricultural Service (FAS) to request a revision and extension from the Office of Management and Budget (OMB) of a currently approved information collection for the Dairy Tariff-Rate Quota (TRQ) Import Licensing program.
Notice of Intent To Prepare an Environmental Impact Statement for the St. Mary Canal Modernization Project, Glacier County, MT
The Natural Resources Conservation Service (NRCS) Montana State Office, in coordination with the U.S. Bureau of Reclamation, announces its intent to prepare a Watershed Plan and EIS for the St. Mary Canal Modernization Watershed Project (Milk River Project), located east of Babb, in Glacier County, Montana. The proposed Watershed Plan will examine alternatives through the EIS process for improving the St. Mary Canal system to provide for 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.
Notice of Intent To Prepare an Environmental Impact Statement for the Upper Maple River Watershed Plan, North Dakota
The Natural Resources Conservation Service (NRCS) North Dakota State Office, announces its intent to prepare an EIS for the Upper Maple River Watershed located within Cass, Barnes, Steele, and Griggs Counties, North Dakota. NRCS will examine alternative solutions through the EIS process to provide 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.
Pandemic Assistance Programs and Agricultural Disaster Assistance Programs
The Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are making technical corrections to certain regulations that were published on January 11, 2023. These technical corrections will be made to: Phase 2 of the Emergency Relief Program (ERP); the Emergency Conservation Program (ECP); and the Emergency Forest Restoration Program (EFRP).
Best Practices Guidance for Controlling Listeria Monocytogenes in Retail Delicatessens
FSIS is announcing the availability of its updated Best Practices Guidance for Controlling Listeria monocytogenes (Lm) in Retail Delicatessens. The best-practices guidance discusses steps that retailers can take to prevent certain ready-to-eat (RTE) foods that are prepared or sliced in retail delicatessens (delis) and consumed in the home, such as deli meats and deli salads, from becoming contaminated with Lm and thus a source of listeriosis. FSIS encourages retailers to review the guidance and evaluate the effectiveness of their retail practices and intervention strategies in reducing the risk of listeriosis to consumers from RTE meat and poultry deli products.
Notice of Request for an Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Foreign Agricultural Service to request an extension from the Office of Management and Budget (OMB) of a currently approved information collection for the Quality Samples Program.
Olives Grown in California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Olive Committee to increase the assessment rate established for the 2023 fiscal year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Amended Notice of Funding Opportunity for the Empowering Rural America (New ERA) Program
The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), announced its intent to solicit Letters of Interest (LOI) for applications under the Empowering Rural America (New ERA) Program in a Notice of Funding Opportunity (NOFO) on May 16, 2023, in the Federal Register. In addition, the NOFO announced the eligibility requirements, application process and deadlines, and the criteria that RUS will use to assess New ERA Applications. This notice is making corrections and amendments to clarify timelines for application submission, ensure applicants know they are required to establish a Verified eAuthentication ID, inform applicants that they are eligible for the New ERA Program even if they are subject to a ``cooling off period'' under the Rural Electrification Act, and to notify applicants that the Agency will provide general assistance to applicants through the RUS' General Field Representatives (GFRs) prior to LOI submissions.
Amended Notice of Funding Opportunity for the Powering Affordable Clean Energy (PACE) Program
The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) Agency of the United States Department of Agriculture (USDA), announced its intent to solicit Letters of Interest (LOI) for Applications under the Powering Affordable Clean Energy (PACE) Program in a Notice of Funding Opportunity (NOFO) on May 16, 2023, in the Federal Register. In addition, the NOFO announced the Application process and deadlines, and the criteria that RUS will use to evaluate applications under the Powering Affordable Clean Energy (PACE) Program. These loan funds will be made to qualified PACE Applicants to finance power generation Projects for Renewable Energy Resource (RER) systems or Energy Storage Systems (ESS) that support RER Projects. The PACE Program has $1,000,000,000 available in appropriated funds under the Inflation Reduction Act of 2022 (IRA). This notice is making amendments to ensure applicants know they are required to establish a Verified eAuthentication ID, to inform applicants that they are eligible for the PACE Program even if they are subject to a ``cooling off period'' under the Rural Electrification Act, and to notify applicants that the Agency will provide general assistance to applicants through the RUS' General Field Representatives (GFRs) prior to LOI submissions.
WTO Agricultural Quantity-Based Safeguard Trigger Levels
This notice lists the updated quantity-based trigger levels for products which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice also includes the relevant period applicable for the trigger levels on each of the listed products.
Forest Service Handbook 5509.11, Chapter 10 Title Claims and Encroachments
The Forest Service (Forest Service or Agency), United States Department of Agriculture (USDA), is revising directives related to Title Claims and Encroachments (FSH 5509.17 Chapter 10). The contents of the handbook have been reorganized to align with the case processing activities in the Title Claims and Encroachment Management System Database (TCEMS) which was deployed in August 2012. The new directive will include clear direction on how to process a trespass case from start to finish, including exhibits and example letters that should be used and followed. All trespass and encroachments will be stored in the TCEMS database for ease and tracking. In addition, internal processing steps were included in the handbook to provide clarity for Forest Service staff.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Increased Assessment Rate
This proposed rule would implement a recommendation from the Walla Walla Sweet Onion Marketing Committee (Committee) to increase the assessment rate established for the 2023 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Decoupling Rental Assistance: Virtual Public Listening Sessions
In accordance with a Congressional directive in the FY2023 Consolidated Appropriations Act, the Rural Housing Service (RHS or the Agency), a Rural Development agency of the United States Department of Agriculture (USDA), will be hosting two virtual listening sessions to obtain stakeholder information on potential decoupling of section 521 Rental Assistance from section 515 Rural Rental Housing loans at the time of loan maturity. Both sessions will be open to the public.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Assessment Rate Increase
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to increase the assessment rate established for the 2022-23 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Concurrence With World Organization for Animal Health's Risk Designation for Bovine Spongiform Encephalopathy for France
We are advising the public of our preliminary concurrence with the World Organization for Animal Health's (WOAH) bovine spongiform encephalopathy (BSE) risk designation for France. The WOAH recognizes France as being of negligible risk for BSE. We are taking this action based on our review of information supporting the WOAH's risk designation for France.
United States Standards for Beans
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is revising the United States Standards for Beans under the United States Agricultural Marketing Act of 1946, as amended, (AMA). AMS is revising the grade-determining factors for Moisture and Contrasting Chickpeas in the class Chickpea/ Garbanzo Beans.
Virginia Resource Advisory Committee; Meeting
The Virginia 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, on the George Washington and Jefferson National Forest, within its counties, consistent with the Federal Lands Recreation Enhancement Act.
Amendment; Notice of Intent for Agricultural Policy Advisory Committee (APAC) and the Related Agricultural Technical Advisory Committees (ATACs) for Trade
This notice is to amend the notice of renewal published on June 6, 2023, to give notice that the U.S. Department of Agriculture's (USDA) intends to reestablish the Agricultural Technical Advisory Committees (ATACs) for a 4-year period. Pursuant to Section 135 of the Trade Act of 1974 and the Federal Advisory Committee Act, as amended, notice is hereby given that the Secretary of Agriculture (Secretary), in coordination with the United States Trade Representative (Trade Representative), notice of renewal for the Agricultural Policy Advisory Committee (APAC) and intent to reestablish the related Agricultural Technical Advisory Committees (ATACs) for Trade to provide detailed policy and technical advice, information, and recommendations regarding trade barriers, negotiation of trade agreements, and implementation of existing trade agreements affecting food and agricultural products, including the performance of other advisory functions relevant to U.S. agricultural trade policy matters.
Minerals Cost Recovery
The Forest Service proposes regulations to impose new fees to recover the agency's costs for processing proposals related to mineral activity on National Forest System lands. This would include costs for actions such as environmental review and analysis, monitoring authorized activities, and other processing-related costs. The proposed rule would establish a fee schedule based on categories of Federal hours needed to complete processing for most mineral-related actions and charge a fixed fee for low-volume mineral material disposals. This proposal to recover costs is based on statutory authority, which authorizes Federal agencies to charge for work it performs to provide a service or benefit to identifiable entities and on policy guidance from the Office of Management and Budget (OMB) which directs charging these fees. This rulemaking also responds to a Government Accountability Office (GAO) recommendation made in an audit report that the Forest Service recover costs for processing locatable mineral plans of operation. The Forest Service invites written comments on this proposed rule and its supporting economic analysis of impacts to small businesses.
Notice of Request for Public Comment on 2023 Update to Technical Guidelines for Quantifying Greenhouse Gas (GHG) Emissions and Carbon Sequestration at the Entity-Scale for Agriculture and Forestry
The U.S. Department of Agriculture (USDA) invites public comment on the 2023 update to Quantifying Greenhouse Gas Fluxes in Agriculture and Forestry: Methods for Entity[hyphen]Scale Inventory, Technical Bulletin Number 1939, Office of the Chief Economist, USDA, Washington, DC. This report, prepared in part to meet requirements of section 2709 of the Food, Conservation, and Energy Act of 2008, provides methods to quantify entity-scale greenhouse gas (GHG) emissions from the agriculture and forestry sectors. The updates to this report were drafted by more than 60 authors, including USDA scientists, university researchers, and experts from non-governmental organizations and research institutions. This update adds new methods, improves existing methods where appropriate, and enhances the usability of the report. Comments received under this notice will be used to further refine the update to this report in preparation for publication as a USDA Technical Bulletin. Comments submitted will help USDA to ensure the new and updated quantification methods reflect the state of the science. A series of questions have been provided in the SUPPLEMENTARY INFORMATION section below to aid review. When submitting responses, please annotate comments using the report section number designations.
60-Day Notice of Proposed Information Collection: Rural Rental Housing Program; OMB Control No.: 0575-0189
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the United States Department of Agriculture (USDA) Rural Housing Service (RHS) announces its' intention to request a revision of a currently approved information collection and invites comments on this information collection.
Advisory Committee on Minority Farmers
Pursuant to the provisions of the rules and regulations of the United States Department of Agriculture (USDA) and the Federal Advisory Committee Act (FACA), notice is hereby given that a public meeting of the Advisory Committee on Minority Farmers (ACMF) will be convened and accessible in-person and virtually. During this public meeting, the ACMF will consider USDA programs, services, and policies, and how they impact minority farmers. The ACMF seeks to recommend action-oriented strategies that maximize the participation of minority farmers in USDA programs and services.
Organization, Functions, and Procedures; Functions and Procedures; Forest Service Functions
The Forest Service (Agency), United States Department of Agriculture (USDA), published an advance notice of proposed rulemaking in the Federal Register on April 21, 2023 initiating a 60-day comment period. The advance notice invited public comment on the following topic and additional questions: Given that climate change and related stressors are resulting in increasing impacts with rapid and variable rates of change on national forests and grasslands, how should the Forest Service adapt current policies to protect, conserve, and manage the national forests and grasslands for climate resilience, so that the Agency can provide for ecological integrity and support social and economic sustainability over time? In response to feedback from prospective commenters stating that they would benefit from additional time to adequately consider and respond to the advance notice, USDA's Forest Service has determined that an extension of the comment period by an additional 30 days, from June 20, 2023 to July 20, 2023, is appropriate.
Notice of Intent To Renew Agricultural Policy Advisory Committee (APAC) and the Related Agricultural Technical Advisory Committees (ATACs) for Trade and Continuation of Requests for Nominations for the Agricultural Trade Advisory Committees
Pursuant to section 135 of the Trade Act of 1974 and the Federal Advisory Committee Act, as amended, notice is hereby given that the Secretary of Agriculture (Secretary), in coordination with the United States Trade Representative (Trade Representative or USTR), intends to renew the Agricultural Policy Advisory Committee (APAC) and the related Agricultural Technical Advisory Committees (ATACs) for Trade to provide detailed policy and technical advice, information, and recommendations regarding trade barriers, negotiation of trade agreements, and implementation of existing trade agreements affecting food and agricultural products, including the performance of other advisory functions relevant to U.S. agricultural trade policy matters. The establishment and renewal of such committees is in the public interest in connection with the duties of United States Department of Agriculture (USDA) imposed by the Trade Act of 1974, as amended. In addition, the Foreign Agricultural Service (FAS) continues to welcome nominations for persons to serve on APAC and ATACs.
Notice of Decision To Authorize the Importation of Phalaenopsis spp. Orchid Plants for Planting in Approved Growing Media From the Republic of Costa Rica Into the United States
We are advising the public of our decision to authorize the importation into the United States, including territories, of Phalaenopsis spp. orchid plants for planting in approved growing media from the Republic of Costa Rica. As a condition of entry, Phalaenopsis spp. orchid plants in approved growing media from the Republic of Costa Rica will have to meet all relevant requirements included in the U.S. Department of Agriculture Plants for Planting Manual and detailed in a bilateral workplan. This action will allow for the importation of Phalaenopsis spp. orchid plants for planting from the Republic of Costa Rica in approved growing media while providing protection against the introduction of plant pests.
Meeting of the National Organic Standards Board
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the National Organic Standards Board (NOSB). The NOSB assists the USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act (OFPA).
Notice of Request for Approval of New Information Collection
In accordance with the Paperwork Reduction Act of 1995, the Rural Business-Cooperative Service, an agency of the United States Department of Agriculture's (USDA), invites comments on this information collection for which the Agency intends to request approval from the Office of Management and Budget (OMB).
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