Department of Agriculture August 2023 – Federal Register Recent Federal Regulation Documents

In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon (DWH) Oil Spill Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement and Record of Decision, and the Consent Decree, the Federal and State natural resource trustee agencies for the Mississippi Trustee Implementation Group (MS TIG) have prepared the ``Mississippi Trustee Implementation Group Draft Restoration Plan 4 and Environmental Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; Nutrient Reduction (Nonpoint Source), and Provide and Enhance Recreational Opportunities'' (Draft RP4 and EA). In the Draft RP4 and EA, MS TIG proposes projects to partially restore wetlands, coastal, and nearshore habitats; reduce nutrient pollution (nonpoint source); and provide and enhance recreational opportunities to compensate for lost recreational use in the Mississippi Restoration Area as a result of the DWH oil spill. The Draft RP4 and EA, a No Action alternative is also evaluated for each of the restoration types. The approximate cost to implement the MS TIG's proposed action (seven preferred alternatives) is $26.4 million. We invite public comments on the Draft RP4 and EA.

The Rural Housing Service (RHS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), announces that it is accepting applications under the Consolidated Appropriations Act, 2023, for the Community Facilities Technical Assistance and Training Disaster Repair Grant Program to provide technical assistance for repairing essential community facilities damaged by Presidentially declared disasters in calendar year 2022. The funding amount is up to $2,500,000 and will remain available until expended. The grant funds will be administered in accordance with this notice of funding availability and all applicable statutory and regulatory requirements of the Community Facilities Technical Assistance and Training (CF TAT) Grant Program.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, this notice announces the National Institute of Food and Agriculture's (NIFA) intention to extend and revise a currently approved information collection entitled, ``Reporting Requirements for State Plans of Work for Agricultural Research and Extension Formula Funds.'' NIFA is proposing to change the collection title to ``NIFA Reporting System (NRS)'', include a new financial reporting module, modify existing reports in order to request digital persistent identifiers, and allow respondents to provide information on Co-Project Director(s) when applicable.

This notice announces a fee of $350 to be charged for the 2024 tariff-rate quota (TRQ) year for each license issued to a person or firm by the Department of Agriculture authorizing the importation of certain dairy articles, which are subject to tariff-rate quotas set forth in the Harmonized Tariff Schedule (HTS) of the United States.

On June 29, 2023, the Federal Crop Insurance Corporation revised the Area Risk Protection Insurance (ARPI) Regulations, Common Crop Insurance Policy (CCIP) Basic Provisions, and the General Administrative Regulations. In reviewing the changes made, FCIC found some incorrect references and conflicting provisions that were not updated to accurately incorporate the changes, and a grammatical error was included in the amendatory instructions. This document makes the corrections.

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 the currently approved information collection, ``Livestock, Poultry, and Grain Market News'' (OMB 0581-0033).

We are reopening the comment period for our proposed rule that would amend disease regulations to provide a National List of Reportable Animal Diseases (NLRAD). Our proposed rule would have required animal health professionals suspecting or diagnosing incidences of animal diseases or disease agents classified as ``notifiable'' in the NLRAD to immediately report to both State and Federal officials. During the comment period for the proposed rule, however, several commenters raised concerns regarding the confidentiality of information reported under NLRAD, and that the Animal and Plant Health Inspection Service does not have the ability to provide Federal assurances of such confidentiality for information reported to States. In light of the validity of this concern, we are proposing a possible modification to our proposed rule to no longer require reporting to State officials; other existing Federal, State, and local disease reporting requirements would be unaffected, however. We are reopening the comment period for our proposed rule to provide interested persons with an opportunity to prepare and submit comments regarding this possible modification to the proposed rule.

This rule finalizes establishment of the Dairy Donation Program as required by the Consolidated Appropriations Act of 2021. Under the program, eligible dairy organizations that account to a Federal milk marketing order and incur a qualified expense related to certain dairy product donations may apply for and receive reimbursements for those donations. The program facilitates dairy product donations and minimizes food waste. The program works in tandem with the Milk Donation Reimbursement Program, and thus this rule also makes corresponding changes to those regulations.

This action implements statutory requirements and policy improvements to strengthen administrative oversight and operational performance of the Child Nutrition Programs.

We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh table beet root (Beta vulgaris L.) for consumption from the United Kingdom into the continental United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands. Based on the analysis, 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 table beet root from the United Kingdom. We are making the pest risk analysis available to the public for review and comment.

We propose to amend the horse protection regulations to provide that the Animal and Plant Health Inspection Service (APHIS) will screen, train, and authorize qualified persons to conduct inspections at horse shows, horse exhibitions, horse sales, and horse auctions to ensure compliance with the Horse Protection Act (the Act). The proposed actions are intended to strengthen regulatory requirements to protect horses from the practice of soring and eliminate unfair competition as the Act requires.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Foreign Agricultural Service to extend the currently approved information collection for the USDA's Pima Agriculture Cotton Trust Fund.

FSIS is amending the poultry products inspection regulations to rescind several regulations related to the inspection and condemnation of poultry carcasses affected with any of the forms of avian leukosis complex.

The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, increasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is updating the Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment in 2022.

We are proposing to update and amend the user fee regulations associated with the agricultural quarantine and inspection (AQI) program. Specifically, we propose to adjust the fees for certain AQI services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international passengers arriving at ports in the customs territory of the United States; adjust the caps on prepaid fees associated with commercial trucks and commercial railroad cars; remove certain fee exemptions that are no longer justifiable based upon pathway analyses of risk; and restructure the treatment monitoring fee. We would also revise requirements pertaining to remittances and statements. Specifically, we would require monthly rather than quarterly remittances for the commercial aircraft fee, international air passenger fee, and international cruise passenger fee to make our revenue stream more stable, clarify our requirements, and provide for electronic payments and statements. We would also include in the regulations information on agents responsible for ensuring compliance with paying the user fees and the requirement for entities to notify APHIS in the event they have a change in personnel responsible for fee payments. These proposed changes are necessary to recover the costs of the current level of AQI activity, to account for actual and projected increases in the cost of doing business, to increase fee payer accountability, and to more accurately align fees with the costs associated with each fee service.

The Idaho Panhandle 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), as amended. 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 to make recommendations on recreation fee proposals for sites on the Idaho Panhandle National Forests within Boundary, Bonner, Kootenai, Shoshone, or Benewah County, consistent with the Federal Lands Recreation Enhancement Act.

The Black Hills National Forest Advisory Board will hold a public meeting according to the details shown below. The Board is authorized under the Forest and Rangeland Renewable Resources Planning Act of 1974, the National Forest Management Act of 1976, the Federal Lands Recreation Enhancement Act, and operates in compliance with the Federal Advisory Committee Act (FACA), as amended. The purpose of the Board is 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 implications.